Legislation Act 2019

Review of revision programme provisions

Schedule 3: Exemptions from presentation or disallowance under this Act

You could also call this:

"What laws don't have to follow the usual rules"

The Legislation Act 2019 has a schedule that lists exemptions from presentation or disallowance. You can find exemptions for different laws, such as the Animal Products Act 1999 and the Civil Aviation Act 2023. Some laws have exemptions that apply if certain conditions are met. For example, the Civil Aviation Act 2023 has exemptions for sections related to security. You can also find more information about exemptions in other parts of the legislation, such as section 114 and section 115. Additionally, clause 32 of Schedule 1 has transitional presentation exemptions.

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This page was last updated on 19 July 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7298606.

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Government and voting > Government departments

Schedule 2: Incorporation by reference, or

"Adding information from elsewhere into a law: rules to follow"

Schedule 4: Secondary legislation subject to confirmation by Act, or

"Laws that need to be approved by Parliament to work properly"

3Exemptions from presentation or disallowance under this Act Empowered by ss 114, 115

A presentation or disallowance exemption applies to secondary legislation (or part of secondary legislation) under this schedule if—

it is made under an empowering provision to which that exemption applies in accordance with the tables below; and
any exemption ground is met (if specified in the tables for the exemption).

Any term or expression that is used in this schedule in relation to any empowering legislation, but not defined in this Act, has the same meaning as in that empowering legislation.

See also clause 32 of Schedule 1 for transitional presentation exemptions.

The following table is medium in size and has 4 columns. Column 1 is headed Empowering provision. Column 2 is headed Exemption grounds. Column 3 is headed Presentation exemption (s 114(2)(a)). Column 4 is headed Disallowance exemption (s 115(d)).
Empowering provision	Exemption grounds	Presentation exemption (s 114(2)(a))	Disallowance exemption (s 115(d))
Animal Products Act 1999
Section 167(1) (for the purposes of section 38(2)(b) or 60)			Exemption applies
Child Poverty Reduction Act 2018
Section 6 (in combination with section 34)			Exemption applies
Civil Aviation Act 2023
Section 52	Exemption ground Compliance is inappropriate for reasons of security.	Exemption applies if exemption ground is met
Section 63	Exemption ground Compliance is inappropriate for reasons of security.	Exemption applies if exemption ground is met
Section 64	Exemption ground Compliance is inappropriate for reasons of security.	Exemption applies if exemption ground is met
Section 67	Exemption ground Compliance is inappropriate for reasons of security.	Exemption applies if exemption ground is met
Section 70	Exemption ground Compliance is inappropriate for reasons of security.	Exemption applies if exemption ground is met
Section 152	Exemption ground Compliance would prejudice the national security interests of New Zealand.	Exemption applies if exemption ground is met
Section 154	Exemption ground Compliance would prejudice the national security interests of New Zealand.	Exemption applies if exemption ground is met
Section 322(1)(b)	Exemption ground Compliance would prejudice the national security interests of New Zealand.	Exemption applies if exemption ground is met
Section 430 (where transport instrument provided for by rule made under s 52, 63, 67, or 70)	Exemption ground Compliance would prejudice the national security interests of New Zealand.	Exemption applies if exemption ground is met
Section 436			Exemption applies
Civil Defence Emergency Management Act 2002
Section 39			Exemption applies
Commerce Act 1986
Section 52P			Exemption applies
Section 52W			Exemption applies
Section 53ZG			Exemption applies
District Court Act 2016
Section 60(1)(b)			Exemption applies
Dog Control Act 1996
Section 78A(1)			Exemption applies
Financial Markets Conduct Act 2013
Section 556	Exemption ground If the FMA is satisfied on reasonable grounds that it is proper to defer compliance on the ground of commercial confidentiality.	Exemption applies if exemption ground is met
Fisheries Act 1996
Regulations made under section 186	Exemption ground The secondary legislation is bylaws made under the regulations for the purposes of section 49 of Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019.		Exemption applies if exemption ground is met
Governor-General Act 2010
Section 5			Exemption applies
Section 6			Exemption applies
Section 8			Exemption applies
Health and Safety at Work Act 2015
Section 7(5)			Exemption applies
Section 8(2)			Exemption applies
Local Government (Water Services Preliminary Arrangements) Act 2024
Section 42		Exemption applies	Exemption applies
Section 46		Exemption applies	Exemption applies
Members of Parliament (Remuneration and Services) Act 2013
Section 8(1)		Exemption applies	Exemption applies
Section 17(1)		Exemption applies	Exemption applies
Section 23			Exemption applies
Section 27			Exemption applies
Section 32(4), (6)		Exemption applies	Exemption applies
Section 43		Exemption applies	Exemption applies
Section 44		Exemption applies	Exemption applies
Misuse of Drugs Act 1975
Section 4(1), (1B)			Exemption applies
Ombudsmen Act 1975
Section 15		Exemption applies	See s 115(a)
Organic Products and Production Act 2023
Section 143 (for the purpose of section 63)	The relevant chief executive considers that compliance would result in 1 or more of the following: disclosure of commercially sensitive information: disclosure of a trade secret: prejudice to New Zealand’s position in current or future negotiations for overseas market access: prejudice to the international relations of New Zealand.	Exemption applies if exemption ground is met	Exemption applies
Parliamentary Service Act 2000
Section 25		Exemption applies	See s 115(a)
Remuneration Authority Act 1977
Section 12B(1), (2)		Exemption applies	Exemption applies
Takeovers Act 1993
Section 45(1)(a), (b)	Exemption ground The Takeovers Panel is satisfied on reasonable grounds that it is proper to defer compliance for reasons of commercial confidentiality.	Exemption applies while exemption ground is met
Telecommunications Act 2001
Section 27			Exemption applies
Section 30M			Exemption applies
Section 30R			Exemption applies
Section 39			Exemption applies
Section 51			Exemption applies
Section 58			Exemption applies
Section 59			Exemption applies
Section 87			Exemption applies
Section 94J			Exemption applies
Section 170(1)			Exemption applies
Section 180			Exemption applies
Section 222			Exemption applies
Section 236			Exemption applies
Section 238			Exemption applies
Schedule 2, clause 10			Exemption applies
Schedule 2, clause 17			Exemption applies
Schedule 2A, clause 3			Exemption applies
Telecommunications (Interception Capability and Security) Act 2013
Section 29			Exemption applies
Section 34			Exemption applies
Section 49			Exemption applies
Wine Act 2003
Section 120(1) (for the purposes of section 41(2))			Exemption applies

The following table is small in size and has 3 columns. Column 1 is headed Empowering provision. Column 2 is headed Presentation exemption (s 114(2)(a)). Column 3 is headed Disallowance exemption (s 115).
Empowering provision		Presentation exemption (s 114(2)(a))		Disallowance exemption (s 115)
Royal prerogative
Letters Patent Constituting the Office of Governor-General of New Zealand (and other matters included under Schedule 1A).				See s 115(b)
Rules regulating the use of images of the Royal family for commercial purposes.				See s 115(b)
Royal Warrants establishing Royal Honours and regulating the granting, use, and retention of those Honours (including by delegating any matter to regulations or rules).				See s 115(b)
Regulations or rules regulating eligibility and other matters delegated by Royal Warrant in relation to Royal Honours.				See s 115(b)
Rules regulating the acceptance and wearing of Commonwealth, foreign, and international Honours by New Zealand citizens.				See s 115(b)
Rules regulating the granting, use, and retention of the titles The Right Honourable and The Honourable in New Zealand.				See s 115(b)

Notes

Schedule 3 Civil Aviation Act 1990: repealed, on 5 April 2025, by section 486 of the Civil Aviation Act 2023 (2023 No 10).
Schedule 3 Civil Aviation Act 2023: inserted, on 5 April 2025, by section 486 of the Civil Aviation Act 2023 (2023 No 10).
Schedule 3 Local Government (Water Services Preliminary Arrangements) Act 2024: inserted, on 1 July 2025, by section 117 of the Local Government (Water Services Preliminary Arrangements) Act 2024 (2024 No 31).
Schedule 3 Natural and Built Environment Act 2023: repealed, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
Schedule 3 Organic Products and Production Act 2023: inserted, on 6 April 2023, by section 163(2) of the Organic Products and Production Act 2023 (2023 No 14).