Legislation Act 2019

Parliament’s oversight of secondary legislation - Confirmation

125: Usual effect of revocation if not confirmed by deadline

You could also call this:

"What happens when a law is cancelled and not confirmed on time?"

If some legislation is revoked by section 123 and it is not confirmed by the deadline, you need to know what happens next. Any duties, levies, or road user charges that were imposed under this legislation are cancelled, and if you paid them, you get a refund. Any other legislation that was changed by the revoked legislation goes back to how it was before, and this change happens when the legislation is revoked.

When the revoked legislation is cancelled, it does not change what happened before it was cancelled. However, there are some exceptions to this rule, such as orders made under section 5(1) of the Energy Resources Levy Act 1976, or fees and charges that section 270(4) to (6) of the Land Transport Act 1998 applies to. This section does not apply if the unconfirmed legislation is made under an empowering provision listed in Part 2 of Schedule 4.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7298447.


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124: How to confirm secondary legislation, or

"Checking secondary laws: how to make them official by a deadline"


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126: Effect on some legislation of not being confirmed by deadline (whether or not earlier revoked), or

"What happens to some laws if they are not approved on time"

Part 5Parliament’s oversight of secondary legislation
Confirmation

125Usual effect of revocation if not confirmed by deadline

  1. If unconfirmed legislation is revoked by section 123, the following applies on and from the deadline:

  2. any duties, levies, or road user charges imposed under the unconfirmed legislation are cancelled and, if paid, must be refunded (except as set out in subsection (2)); and
    1. any other legislation that was previously amended, repealed, or revoked by the unconfirmed legislation is restored or revived (as it was immediately before it was amended, repealed, or revoked); and
      1. the restoration or revival takes effect at the time the unconfirmed legislation is revoked; and
        1. revocation of the unconfirmed legislation does not otherwise affect its previous operation or anything done or suffered under it.
          1. Subsection (1)(a) does not apply to any of the following:

            1. orders made under section 5(1) of the Energy Resources Levy Act 1976; or
              1. fees or charges to which section 270(4) to (6) of the Land Transport Act 1998 applies; or
                1. levy rates set by regulations made under section 41(1)(e) of the Waste Minimisation Act 2008.
                  1. However, this section does not apply if the unconfirmed legislation is made under an empowering provision listed in Part 2 of Schedule 4.

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                  Notes
                  • Section 125(2)(a): repealed, on , by section 486 of the Civil Aviation Act 2023 (2023 No 10).