Legislation Act 2019

Parliament’s oversight of secondary legislation - Disallowance by House of Representatives

119: House of Representatives may amend or replace secondary legislation

You could also call this:

"MPs can change or replace some laws, and their changes take effect on a specific date."

The House of Representatives can change or replace some laws, called secondary legislation, by making a resolution. You can think of a resolution like a formal decision made by the House of Representatives. When they make this decision, it can change or replace the secondary legislation.

The change or replacement takes effect on a certain day, which is the later of 28 days after the decision is published or a date stated in the decision. This means you will know when the change happens because it is either after a set number of days or on a specific date. The House of Representatives decides which date it will be.

If the House of Representatives changes or replaces secondary legislation, it can still be disallowed, which means it can be cancelled, as if the person who made the original law had made the change, even if section 115(a) says something different. This is an important part of how the laws are overseen in New Zealand. It helps ensure that the laws are fair and work well for everyone.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7298436.


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118: Effect of disallowance on legislation, or

"What happens to laws when they are disallowed and their changes are undone."


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120: Resolution or motion is secondary legislation, or

"A resolution or motion can change laws and must follow special rules to be official."

Part 5Parliament’s oversight of secondary legislation
Disallowance by House of Representatives

119House of Representatives may amend or replace secondary legislation

  1. The House of Representatives may amend or replace any secondary legislation to which this subpart applies by resolution.

  2. The amendment or replacement takes effect on the later of—

  3. the 28th day after a copy of the resolution is published; and
    1. any date stated in the resolution as the date on which it takes effect.
      1. Secondary legislation that is amended or replaced by resolution of the House of Representatives may be disallowed as if the amendment or replacement were made by the maker of the secondary legislation (despite section 115(a)).

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