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This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Customer and Product Data Bill

Administrative matters - Regulations, standards, and exemptions - Regulations

126: General regulations

You could also call this:

“Rules for making the Customer and Product Data Bill work”

The proposed law says that the Governor-General can make new rules about how the Customer and Product Data Bill will work. These rules are called regulations. The Minister will recommend what these regulations should be.

The regulations can cover many things. They can explain how to do things that the law says must be done. They can say who should do these things, when and where they should do them, and what forms or information they need to use.

The regulations might also let the chief executive make some decisions about these details. They can set up rules for fixing problems, and for keeping a register of important information.

The regulations can also say how to make standards, which are like guidelines for following the law. They might limit what can be put in these standards.

If the regulations say someone has to pay money to fix a problem they caused by breaking the law, the Minister has to make sure it’s fair. The payment should only cover the actual costs of fixing the problem.

These regulations will be a type of law called secondary legislation. This means they have to be published in a special way.

If the regulations let the chief executive make notices (which are like mini-rules), these notices will also be secondary legislation and need to be published.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS700339.

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Part 5 Administrative matters
Regulations, standards, and exemptions: Regulations

126General regulations

  1. The Governor-General may, by Order in Council, on the recommendation of the Minister, make regulations for all or any of the following purposes:

  2. providing for anything that this Act says may or must be provided for by regulations:
    1. prescribing, for the purposes of any provision of this Act that requires a thing to be done in a manner prescribed by the regulations, the manner in which the thing must be done, including prescribing—
      1. by whom, when, where, and how the thing must be done:
        1. the form that must be used in connection with doing the thing:
          1. what information or other evidence or documents must be provided in connection with the thing:
            1. requirements with which information, evidence, or documents that are provided in connection with the thing must comply:
            2. authorising the chief executive to determine or prescribe by notice any of the matters under paragraph (b):
              1. prescribing matters for the purposes of section 59 (remedial actions):
                1. prescribing procedures, requirements, and other matters, not inconsistent with this Act, for the register, including matters that relate to—
                  1. the operation of the register:
                    1. the form of the register:
                      1. the information to be contained in the register:
                        1. access to the register:
                          1. search criteria for the register:
                            1. circumstances in which amendments must be made to the register:
                            2. specifying requirements about how the standards may be made (for example, matters that the chief executive must have regard to):
                              1. if this Act says that anything may or must be provided for by regulations or standards, prescribing limits or restrictions on providing for that thing in standards (see section 133):
                                1. providing for anything incidental that is necessary for carrying out, or giving full effect to, this Act.

                                  1. If the regulations under subsection (1)(d) require a data holder or an accredited requestor (A) to pay an amount to, or on account, of a person referred to in section 59(3) (B), the Minister may make a recommendation only if the Minister is satisfied that—

                                  2. the amount is to reimburse or compensate B for a cost or an expense that B has incurred as a result of a contravention of a duty imposed under this Act; and
                                    1. the nature and extent of the cost or expense is readily ascertainable; and
                                      1. there is a reasonably close connection between the contravention and the cost or expense that has been incurred.

                                        1. Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                                        2. If regulations made under subsection (1)(c) authorise the chief executive to determine or prescribe matters by notice,—

                                        3. a notice made under the regulations is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
                                          1. the regulations must contain a statement to that effect.

                                            Notes