1Transitional, savings, and related provisions Empowered by s 6
1Provisions relating to this Act as enacted
1General overview of this Part
This Part contains transitional and savings provisions as follows:
- clause 2 provides definitions:
- subpart 1 relates to the interpretation principles and rules in Part 2 of this Act:
- subpart 2 relates to new and existing secondary legislation and when it and its minimum legislative information must be published under Part 3 of this Act:
- subpart 3 relates to general drafting and publication matters in Part 3 of this Act:
- subpart 4 relates to disclosure statement matters in Part 4 of this Act:
- subpart 5 relates to Parliament’s oversight of secondary legislation under Part 5 of this Act:
- subpart 6 relates to the PCO under Part 6 of this Act.
2Definitions for this Part
In this Part,—
list deadline, for secondary legislation, is the deadline that applies to it under clause 15(5)
list exemption means an exemption of that type that is, on and after the publication commencement date, referred to in section 69(2)
main commencement date means the date on which section 10 of the Legislation (Repeals and Amendments) Act 2019 (which repeals the Legislation Act 2012) comes into force
publication commencement date means the date on which section 17 of the Legislation (Repeals and Amendments) Act 2019 comes into force (which brings into force the amendments requiring centralised publication as set out in Schedule 2 of the Legislation (Repeals and Amendments) Act 2019)
publication exemption means an exemption of that type that is, on and after the publication commencement date, referred to in section 69(2)
publication deadline, for secondary legislation, is the deadline that applies to it under clause 16(5)
regulations has the meaning set out in clause 11(2).
1Interpretation and application of legislation
How provisions apply to existing and new legislation
3Part 2 of this Act applies to both existing and new legislation
Part 2 of this Act applies to—
- legislation whether it is enacted or made before, on, or after the main commencement date; and
- anything that was an enactment under the Interpretation Act 1999 at the time it was made (or an amendment to that enactment made at any time).
This clause is subject to the rest of this subpart.
4Exception for examples in existing legislation
Section 23 does not apply to an example provided in legislation that is enacted or made before the main commencement date (or an amendment, after that date, to that legislation).
This clause applies unless—
- the legislation provides otherwise; or
- the context of the legislation requires a different interpretation.
5Exception for commencement of secondary legislation made before main commencement date
Section 26 does not apply to secondary legislation made before the main commencement date (and section 9 of the Interpretation Act 1999 applies instead).
Savings of previous definitions for certain legislation
6Saving of definitions for pre-1 November 1999 legislation
In legislation enacted or made before 1 November 1999 (or an amendment, after that date, to that legislation),—
Act includes rules and regulations (within the meaning of those terms as used in the Acts Interpretation Act 1924) made under the Act
Governor means the Governor-General
land includes messuages, tenements, hereditaments, houses, and buildings unless there are words to exclude houses and buildings, or to restrict the meaning to tenements of some particular tenure
person includes a corporation sole, and also a body of persons, whether corporate or unincorporate.
This clause applies to legislation unless—
- the legislation provides otherwise; or
- the context of the legislation requires a different interpretation.
Compare
- 1999 No 85 s 30
7Saving of definitions for legislation made before main commencement date
In legislation enacted or made before the main commencement date (or an amendment, after that date, to that legislation), regulations has the meaning set out in section 29 of the Interpretation Act 1999 (as in force immediately before that date).
This clause applies to legislation unless—
- the legislation provides otherwise; or
- the context of the legislation requires a different interpretation.
8Savings of previous Proclamations
A Proclamation published in the Gazette before the main commencement date continues to be a proclamation for the purposes of section 13.
9Savings of material incorporated by reference under Legislation Act 2012
Material incorporated by reference under subpart 2 of Part 3 of the Legislation Act 2012 must be treated as if—
- it were incorporated by reference under section 64 of this Act; and
- any notice given under section 52(2) of the Legislation Act 2012 as to where the material is available for inspection and purchase is public notice as to where it is publicly available for the purposes of clause 2(a) of Schedule 2 of this Act.
The chief executive may make it publicly available in another way permitted by Schedule 2 of this Act if the chief executive gives public notice as required by clause 2 of that schedule.
10How Abolition of Provinces Act 1875 affects provincial legislation
Section 26 of the Acts Interpretation Act 1908 as set out in Schedule 2 of the Acts Interpretation Act 1924 continues to apply despite its repeal.
Compare
- 1999 No 85 s 38(2)
2Transition for secondary legislation to new publication requirements
11Purpose
The purpose of this subpart is to—
- provide for orderly transitional arrangements for the application of this Act to secondary legislation that is not published on the legislation website at the publication commencement date; and
- otherwise clarify the Act’s application to secondary legislation.
See also section 147(1)(s), which provides for regulations to be made for the purposes of this subpart (the regulations).
12Outline of transition to Part 3 publication
The transition of secondary legislation to publication under Part 3 applies as follows:
- on the main commencement date,—
- the definition of secondary legislation set out in this Act will apply (see clause 13); and
- amendments will be made, by another Act, to identify empowering provisions that empower the making of secondary legislation; and
- instruments made under those empowering provisions will be secondary legislation for the purposes of this Act (for example, for interpretation and disallowance purposes); but
- existing publication requirements previously set out in the empowering legislation will generally continue to apply to the secondary legislation at that time under Part 3 (see sections 73 and 74, as in force on the main commencement date, and clause 14); and
- the definition of secondary legislation set out in this Act will apply (see clause 13); and
- on the publication commencement date, Part 3 is amended (see Schedule 2 of the Legislation (Repeals and Amendments) Act 2019) and this subpart and the regulations provide for an orderly transition of secondary legislation to the publication requirements set out in this Act as follows:
- Part 3’s requirements for makers to lodge secondary legislation and minimum legislative information with the PCO for publication apply, but are modified by the list exemptions and publication exemptions in clauses 15 and 16, as set out below; and
- until the list deadline set by or under this subpart, a list exemption applies, and the existing publication requirements generally continue to apply, under clause 15 despite the publication commencement date; but
- minimum legislative information for classes of secondary legislation will be required to be lodged with the PCO by that list deadline (so that a complete list of secondary legislation may be published on the legislation website); and
- on the list deadline, the list exemption ceases and, after that, minimum legislative information for both existing and new secondary legislation must be lodged with the PCO for publication under Part 3; and
- after a date set under this subpart, secondary legislation that is not listed may be revoked; and
- until the publication deadline set under this subpart, a publication exemption applies under clause 16 (so that the text of the secondary legislation need not be lodged with the PCO for publication); but
- classes of secondary legislation will be required to be lodged with the PCO for publication by the publication deadline; and
- on the publication deadline, the publication exemption ceases and, after that, both existing and new secondary legislation must be lodged with the PCO for publication under Part 3; and
- after a date set under this subpart, secondary legislation that is not published on the legislation website may be revoked.
- Part 3’s requirements for makers to lodge secondary legislation and minimum legislative information with the PCO for publication apply, but are modified by the list exemptions and publication exemptions in clauses 15 and 16, as set out below; and
This is a guide only to the general scheme and effect of this subpart.
13Definition of secondary legislation is effective on main commencement date for all legislation
The definition of secondary legislation—
- applies to an instrument regardless of whether it is made before, on, or after the main commencement date; and
- extends to an instrument made under an identified empowering provision (see subclause (3)).
-
An instrument made before that date that is in force under a provision that empowers the making of secondary legislation, under the Royal prerogative, or under an identified empowering provision, becomes, on the main commencement date, secondary legislation.
Examples
An order is made under section 100 of an Act before the main commencement date.
On the main commencement date, an amendment is made to section 100 by the Secondary Legislation Act so that it states that orders made under it are secondary legislation.
The order is secondary legislation.
An order is made under section 120 of an Act after the main commencement date.
The Secondary Legislation Act has been passed, amending section 120. The amendment will result in section 120 stating that orders made under it are secondary legislation. However, the amendment has not yet come into force. Under subclause (3), section 120 is an identified empowering provision.
The order is secondary legislation.
In addition, section 120 may be changed, as an interim step before the full amendments come into force, so that it clearly states that orders made under it are secondary legislation (see subclauses (4) and (5)).
An order is made under section 90 of a repealed Act. Section 90 was replaced by the section 100 referred to above.
The order continues in force as if it were made under section 100 (see section 36 of this Act and section 20 of the Interpretation Act 1999).
The order is secondary legislation.
For the purposes of this Act, a provision is an identified empowering provision if an amendment to the legislation (a secondary legislation amendment)—
- has been passed or made that will result in the legislation stating that instruments under that provision are secondary legislation; but
- that amendment is not yet in force.
The Chief Parliamentary Counsel may authorise the PCO to make the following changes to a version of legislation to show the effect of subclauses (1)(b) and (3), the rest of this schedule, and Part 3 in relation to identified empowering provisions:
- changes to insert statements to make it clear that instruments made under identified empowering provisions are secondary legislation:
- changes to insert, replace, or remove statements relating to listing, notification, publication, or presentation:
- any other changes that are purely consequential on those changes.
Subpart 2 of Part 3 applies to those changes as if they were changes referred to in section 87, except that, for the purposes of ensuring that the secondary legislation amendments (and any other related amendments relating to listing, notification, publication, or presentation) are effective despite those changes,—
- those changes must be treated as being revoked immediately before those secondary legislation amendments (and related amendments) come into force; and
- section 90 (which deals with when editorial changes usually take effect) does not apply.
14Existing requirements continued as applicable publication requirements on main commencement date
This clause applies, for the purposes of section 74(1)(a), to empowering provisions that are enacted before the main commencement date.
For the purposes of the applicable publication requirements under that paragraph (as in force on the main commencement date),—
- the PCO may record and publish, as the applicable publication requirements for the empowering provision,—
- the 1 or more requirements to publish, notify, or otherwise make available secondary legislation made under the empowering provision that applied under an Act, with the same or substantially the same effect, immediately before the main commencement date; and with
- any exemptions or limits on those requirements; and with
- any necessary modifications in light of other amendments made to the legislation on or after the main commencement date; and
- the 1 or more requirements to publish, notify, or otherwise make available secondary legislation made under the empowering provision that applied under an Act, with the same or substantially the same effect, immediately before the main commencement date; and with
- the PCO must publish those applicable publication requirements, on the legislation website, by publishing either a link to the previous provision that set out that requirement or the record made under paragraph (a).
Nothing in this clause limits the information that the PCO may record and publish in relation to an Act in relation to an empowering provision (for example, as an aid to assist users to understand how this Act applies to secondary legislation).
Notes
- Schedule 1 clause 14(2)(a)(i): amended, on , by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).
- Schedule 1 clause 14(3): inserted, on , by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).
15Maker must lodge minimum legislative information before list deadline (if clause applies)
This clause applies to secondary legislation on and after the publication commencement date if—
- it is made before the list deadline; and
- it is not already required to be published by the PCO under Part 3 before that list deadline.
Until the list deadline,—
- a list exemption applies to the secondary legislation; and
- the maker must continue to comply with the applicable publication requirements (to the extent required by section 73, as in force immediately before the publication commencement date); but
- those applicable publication requirements are treated as satisfied if—
- the minimum legislative information for the secondary legislation is, with the agreement of the PCO, instead lodged with the PCO for publication; and
- the maker complies with the minimum requirements for publication set by regulations made under this Act that are applicable (if any).
- the minimum legislative information for the secondary legislation is, with the agreement of the PCO, instead lodged with the PCO for publication; and
The maker must, before the list deadline, lodge the minimum legislative information for the secondary legislation with the PCO for publication in accordance with the regulations (unless the secondary legislation ceases to be in force before the list deadline).
The secondary legislation is revoked on a date specified in the regulations if—
- its minimum legislative information is not lodged with the PCO for publication; and
- it is of a class that is specified by the regulations as being revoked on that date.
The list deadline for secondary legislation is—
- the first anniversary of the publication commencement date (unless paragraph (b) or (c) applies); or
- a deadline after the publication commencement date and no later than the fifth anniversary of the publication commencement date that is set by the regulations for the relevant class of secondary legislation; or
- a deadline earlier than a deadline under paragraph (a) or (b) that is set by agreement between the maker and the Chief Parliamentary Counsel.
For the purposes of subclause (2)(b), in relation to the applicable publication requirements for secondary legislation with international transparency obligations,—
- sections 75 to 77 continue to apply (as in force immediately before the publication commencement date):
- any direction made under section 76 (or previously under section 36E or 36F of the Legislation Act 2012) continues in force, and may continue to be amended or revoked as if section 76 were still in force:
- any regulations made for the purposes of the definition of relevant central government entity continue in force, and may continue to be amended or revoked as if section 147(1)(d) were still in force.
Notes
- Schedule 1 clause 15(6)(b): amended, on , by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).
16Maker must lodge secondary legislation for full publication before publication deadline (if clause applies)
This clause applies to secondary legislation on and after the publication commencement date if—
- it is made before the publication deadline; and
- it is not already required to be published by the PCO under Part 3 before that publication deadline.
A publication exemption applies to the secondary legislation until the publication deadline (see section 76, as in force on the publication commencement date, for the publication obligations that instead apply).
The maker must, before the publication deadline, lodge the secondary legislation with the PCO for publication in accordance with the regulations (unless the secondary legislation ceases to be in force before the publication deadline).
The secondary legislation is revoked on a date specified in the regulations if—
- the legislation is not lodged with the PCO for publication; and
- it is of a class that is specified by the regulations as being revoked on that date.
The publication deadline for secondary legislation is—
- a deadline set by the regulations for the relevant class of secondary legislation; or
- an earlier deadline set by agreement between the maker and the Chief Parliamentary Counsel.
17Publication of information and secondary legislation to which this subpart applies
The PCO must publish the minimum legislative information, and the secondary legislation, that is lodged under this subpart when required to do so by the regulations (but need not do so before that time).
18Application of subpart 1 of Part 3 of this Act
The following sections do not apply to minimum legislative information lodged, or required to be lodged, under clause 15 or secondary legislation lodged, or required to be lodged, under clause 16 (except as provided in the regulations):
- section 71 (how and when PCO must publish legislation and consolidations of legislation):
- section 73 (secondary legislation does not commence until published):
- any other sections of subpart 1 of Part 3 of this Act that are specified in the regulations.
Other transitional matters
19Transitional regulation-making power
The purpose of this clause is to facilitate an orderly implementation of this Act by enabling amendments that—
- ensure that instruments are secondary legislation under this Act if they have, or any part of them has, legislative effect (and exclude instruments from being secondary legislation if no part of them has legislative effect); and
- if they are secondary legislation, ensure that this Act applies appropriately to them; and
- are consistent with the purpose of this Act.
The Governor-General may, by Order in Council made on the recommendation of the Attorney-General, make regulations for any 1 or more of the following purposes:
- to amend legislation to insert, delete, or amend a statement to the effect that an instrument or a class of instruments is secondary legislation (together with a statement referring to Part 3 of this Act for publication requirements):
- to amend Schedule 1A of this Act to insert, delete, or amend a description of an instrument made by Royal prerogative:
- to amend Schedule 3 of this Act to insert, delete, or amend an exemption from this Act:
- to make another amendment to legislation that is necessary or desirable—
- as a consequence of an instrument, or a class of instruments, being secondary legislation or not (for example, to delete any reference to disallowable instruments or to insert publication or notification requirements for instruments that are not secondary legislation); or
- to ensure that this Act applies appropriately in relation to the instrument (for example, to clarify the maker of the instrument or to permit the instrument to continue to come into force despite not yet being published); or
- as a consequence of another amendment authorised by this clause (for example, to update the legislation to reflect changed section references or procedural requirements).
- as a consequence of an instrument, or a class of instruments, being secondary legislation or not (for example, to delete any reference to disallowable instruments or to insert publication or notification requirements for instruments that are not secondary legislation); or
The Attorney-General may make a recommendation under this clause only after—
- consulting the committee of the House of Representatives that is responsible for the review of secondary legislation; and
- having regard to the purpose of this clause.
Regulations made under this clause are secondary legislation (see Part 3 for publication requirements).
This clause is repealed on the publication commencement date.
Notes
- Schedule 1 clause 19 heading: amended, on , by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).
- Schedule 1 clause 19(1)(ab): inserted, on , by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).
- Schedule 1 clause 19(2): replaced, on , by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).
- Schedule 1 clause 19(4): amended, on , by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).
- Schedule 1 clause 19(5): amended, on , by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).
20Transitional application of publication responsibilities
Section 69, and other publication or notification responsibilities for the PCO under Part 3 (as in force on the main commencement date), do not apply to—
- Bills that were introduced before 5 August 2013 (or amendments to those Bills):
- Acts that ceased to be in force before 5 August 2013:
- secondary legislation that ceases to be in force before 5 August 2013:
- minimum legislative information for that secondary legislation.
Section 69, and other publication responsibilities for the PCO under Part 3 (as in force on and from the publication commencement date), continue to not apply to the things set out in subclause (1), but also do not apply to—
- secondary legislation that ceases to be in force before the list deadline (and was not required to be published by the PCO before that date):
- minimum legislative information for that secondary legislation.
Sections 75 to 77 (as in force on the main commencement date) do not apply to secondary legislation made before 30 December 2018.
Section 73 (as inserted by Schedule 2 of the Legislation (Repeals and Amendments) Act 2019) does not apply to any secondary legislation that is made before that section comes into force.
21Power to reassign responsibilities of secondary legislation’s maker
The Attorney-General may authorise any department (within the meaning of section 2(1) of the Public Finance Act 1989) to meet, in relation to secondary legislation, an obligation under this Act that would otherwise have to be met by the legislation’s maker under this schedule.
An authorisation is made by written notice given to the department and, unless the department is the PCO, copied to the PCO.
Any authorisation under this section expires on the publication deadline set for that secondary legislation under the regulations.
22Commencement orders for existing Acts are secondary legislation
This clause applies to an Act’s commencement provision if—
- the Act is enacted before the main commencement date; and
- the provision provides for all or part of the Act to be brought into force by Order in Council; and
- the commencement provision does not state that a commencement order under the provision is secondary legislation.
A commencement order made under the provision is secondary legislation (see Part 3 for publication requirements).
Notes
3General drafting and publication matters
Drafting responsibilities
23PCO’s responsibility for drafting secondary legislation
This clause applies to secondary legislation made under an empowering provision if, immediately before the main commencement date, section 59(2)(c) or (d) of the Legislation Act 2012 required the PCO to draft instruments made under that empowering provision.
The administering agency and the Chief Parliamentary Counsel are assumed to have agreed, for the purpose of section 67(d) of this Act, that the PCO will draft secondary legislation made under the provision.
Subclause (2) applies only until either party notifies the other that they do not agree or the parties reach a different agreement under section 67(d).
This clause does not apply to secondary legislation to which section 59(2)(a) or (b) of the Legislation Act 2012 applied.
24PCO may continue to draft and publish other instruments
The PCO may, after the main commencement date, continue to draft and publish any instrument described in section 59(2) of the Legislation Act 2012 until the administering agency or the Chief Parliamentary Counsel notifies the other of an end date for the purposes of this clause.
Official versions
25How power to issue official versions applies to previous or existing legislation
Section 78 applies to legislation regardless of when it is or was made, printed, or published.
An official electronic version of legislation that was issued under section 17 of the Legislation Act 2012 continues to be an official electronic version for the purposes of this Act (as if it were published under section 78).
26How legal status of previous official versions applies
Section 18(3) of the Legislation Act 2012 continues to apply to regulations or a legislative instrument (as defined in that Act) to which it applied immediately before the main commencement date.
27Previous printed official versions continue until new official version issued
This clause applies to every copy of legislation—
- that purports to be printed and published (whether before or after the commencement of section 77(2) of the Legislation Act 2012) under the authority of the New Zealand Government; and
- until an official electronic or printed version was or is issued under section 17 of the Legislation Act 2012 or section 78 of this Act.
Sections 16C and 16D of the Acts and Regulations Publication Act 1989 continue to apply to those copies despite the repeal of that Act.
27AAnnual report on exemptions from presentation and other drafting and publication matters
The first annual report required under section 83A must—
- be provided to the Attorney-General as soon as practicable after the end of the financial year ending on 30 June 2022; and
- cover the period from the main commencement date to 30 June 2022.
Notes
- Schedule 1 clause 27A: inserted, on , by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).
Correcting errors and making other editorial changes
28How power to make editorial changes applies to legislation published under old publication requirements
Subpart 2 of Part 3 of this Act applies to legislation whether published by the PCO under this Act or any corresponding previous Acts.
Revision Bill provisions
29Provisions on revision Bills apply also to previous revision Bills
References in this Act to a revision Bill or a revision Act (or a revision programme) include a Bill or an Act that is prepared (or a revision programme) under subpart 3 of Part 2 of the Legislation Act 2012.
References in this Act to sections 59 to 62 or subpart 3 of Part 3 of this Act include subpart 3 of Part 2 of the Legislation Act 2012.
4Disclosure requirements for Government-initiated legislation
30Disclosure requirements apply only to Bills introduced after Part 4 commencement date
31Ministers may perform duties before Part 4 commencement date
The responsible Minister or the Attorney-General may perform a duty under section 107 or 110 before the date on which Part 4 comes into force.
This clause does not limit section 43.
5Parliament’s oversight of secondary legislation
Presentation to House of Representatives
32Limited application of presentation requirements to secondary legislation made before publication deadline
This clause applies to secondary legislation that is made before the publication deadline for the secondary legislation.
Subpart 1 of Part 5 of this Act, which requires secondary legislation to be presented to the House of Representatives, applies to the secondary legislation only if—
- it is made under an empowering provision that was enacted before the main commencement date and, before that date, instruments made under the
provision were—- legislative instruments; or
- instruments stated by an Act to be disallowable instruments for the purposes of the Legislation Act 2012; or
- expressly required to be presented to the House of Representatives; or
- legislative instruments; or
- it is made under an empowering provision that was enacted on or after the main commencement date.
This clause does not affect any requirement for the legislation to be presented to the House of Representatives that applied when the secondary legislation was made.
Notes
- Schedule 1 clause 32(1AA): inserted, on , by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).
- Schedule 1 clause 32(1): amended, on , by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).
- Schedule 1 clause 32(1)(a): amended, on , by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).
- Schedule 1 clause 32(1)(a)(iii): amended, on , by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).
- Schedule 1 clause 32(1)(b): replaced, on , by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).
- Schedule 1 clause 32(2): amended, on , by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).
Disallowance
33Old disallowance provisions continue to apply to existing notices of motion, etc
Subpart 1 of Part 3 of the Legislation Act 2012 continues to apply to a notice of motion to disallow or amend a disallowable instrument (as defined in that Act) that is given, and not withdrawn or disposed of, before the main commencement date.
33ANew disallowance provisions apply to previously disallowable instruments
Subpart 2 of Part 5 of this Act (which provides for disallowance of secondary legislation), applies to anything that was an instrument of the following type at the time it was made (or an amendment to that instrument made at any time):
- a legislative instrument (other than a legislative instrument that was stated by an Act not to be disallowable for the purposes of the Legislation Act 2012):
- an instrument that was stated by an Act to be a disallowable instrument for the purposes of the Legislation Act 2012.
Notes
- Schedule 1 clause 33A: inserted, on , by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).
Confirmation
34Old confirmation provisions continue to apply to existing confirmable instruments
Subpart 1A of Part 3 of the Legislation Act 2012 continues to apply to a confirmable instrument (as defined in section 47B of that Act) that was made before the main commencement date.
6Parliamentary Counsel Office
35Saving for existing appointment
The Chief Parliamentary Counsel holding office under section 66 of the Legislation Act 2012 continues to hold that office under section 135 of this Act.