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Regulatory Standards Bill

Principles of responsible regulation and regulatory stewardship - How principles apply when developing legislation - Secondary legislation

14: When review of secondary legislation is not required

You could also call this:

"When you don't need to check some government rules"

This part of the bill talks about when you don't need to review secondary legislation. Secondary legislation is rules made by the government that aren't passed by Parliament.

You won't need to review secondary legislation if it's made under certain laws, or by certain people. For example, if it's made by the military, the Speaker of the House, or judges, you don't need to review it. You also don't need to review court rules.

The minister in charge of regulatory standards can say that some types of secondary legislation don't need to be reviewed. But before they can do this, they need to get approval from the House of Representatives.

If the minister does make a list of secondary legislation that doesn't need to be reviewed, that list is itself a type of secondary legislation. This means it needs to follow the rules in Part 3 of the Legislation Act 2019 about how it should be published.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1016699.


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13: Review of consistency of secondary legislation with principles, or

"Checking if new rules are fair and make sense"


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15: Responsibility to engage in regulatory stewardship, or

"Government bosses must look after the rules they're in charge of"

Part 2Principles of responsible regulation and regulatory stewardship
How principles apply when developing legislation: Secondary legislation

14When review of secondary legislation is not required

  1. Section 13 does not apply to secondary legislation—

  2. that is made under an excluded Act; or
    1. that is made under the Defence Act 1990 or the Armed Forces Discipline Act 1971 or is otherwise made by the Chief of the Defence Force; or
      1. that is made by the Speaker of the House of Representatives or by the House of Representatives; or
        1. that is rules of court; or
          1. that is made by any judicial officer; or
            1. of a class specified in a notice issued under this section.
              1. The regulatory standards Minister may issue a notice for the purposes of this section.

              2. A notice may be issued under this section only after it has been approved by a resolution of the House of Representatives.

              3. A notice issued under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

              Notes