Legislation (Confirmable Instruments) Amendment Act 2015

11 New subpart 1A of Part 3 inserted

After section 47, insert:

Subpart 1A—Confirmable instruments

47A Overview

(1)

This subpart ensures some instruments are revoked by this Act at a deadline unless earlier confirmed by an Act of Parliament.

(2)

The instruments are made under the section or sections listed in Schedule 2 (see section 47B).

(3)

The deadline differs depending on whether the instrument is made in the first or second half of a year (see section 47C).

(4)

If the instrument is one of a subset of confirmable instruments called annual confirmable instruments, and has been revoked before the deadline, then it is invalid for its past operation unless confirmed by an Act (see sections 47B and 47D).

(5)

Revocation by this Act of the instrument generally does not affect the validity of acts done under it before it is revoked (see section 47F).

(6)

Amendments, revocations, or repeals effected by the instrument are undone with effect from when the instrument is revoked by this Act (see section 47G).

(7)

Any duties, levies, or road user charges collected under the instrument must, with some exceptions, be refunded if the instrument is later revoked by this Act (see sections 47H and 47I).

(8)

This section is only a general guide to this subpart, which replaces and standardises former inconsistent confirmation provisions in the Acts listed in Schedule 2.

47B Confirmable instruments, etc, defined

(1)

An instrument made under an enactment is a confirmable instrument for the purposes of this Act if all or a portion of the instrument—

(a)

is made under the empowering section or sections in a row of the table in Schedule 2; and

(b)

complies with any restriction in that row.

(2)

A confirmable instrument is an annual confirmable instrument for the purposes of this Act if all or a portion of the instrument is made under all or any of the following sections:

(a)

section 15(2) of the New Zealand Superannuation and Retirement Income Act 2001:

(b)

section 30(2) of the New Zealand Superannuation and Retirement Income Act 2001:

(c)

section 61H(1) (apart from, or with, clause 3(6) of Schedule 32) of the Social Security Act 1964:

(d)

section 61HA(2) (apart from, or with, clause 3(6) of Schedule 32) of the Social Security Act 1964:

(e)

section 61I(1) of the Social Security Act 1964:

(f)

section 190(2) of the Veterans’ Support Act 2014.

47C Instruments revoked unless confirmed

(1)

A confirmable instrument is revoked at the following applicable deadline:

(a)

if it is made during the first half of a year, it is revoked at the middle of the next year:

(b)

if it is made during the second half of a year, it is revoked at the end of the next year.

(2)

However, a confirmable instrument is not revoked by subsection (1)(a) or (b) so far as it—

(a)

has been revoked, or expires, with effect before or on the deadline; or

(b)

has ceased, or will cease, to have effect before or on the deadline by virtue of subpart 1 of Part 3 (disallowable instruments); or

(c)

has before or on the deadline been confirmed by an Act of Parliament.

(3)

In this section,—

(a)

the first half of a year means the period that starts on 1 January and ends with the close of 30 June in the year; and

(b)

the second half of a year means the period that starts on 1 July and ends with the close of 31 December in the year; and

(c)

the middle of the next year means the close of 30 June in the next year; and

(d)

the end of the next year means the close of 31 December in the next year.

Compare: 1990 No 127 s 12; 1993 No 95 ss 100S, 100ZH, 138, 151; 2011 No 81 s 387(3); 2012 No 1 s 85(4); 2014 No 32 s 214

47D Operation of annual instruments invalid if revoked before, and not confirmed by, deadline

(1)

This section applies to an annual confirmable instrument so far as it—

(a)

has been revoked with effect before or on the deadline; and

(b)

is therefore under section 47C(2)(a) not revoked by section 47C(1)(a) or (b).

(2)

The instrument is, after the deadline, taken to have been invalid in respect of the period for which it purported to have effect.

(3)

Subsection (2) does not apply so far as the instrument has before or on the deadline been confirmed by an Act of Parliament.

Compare: 1964 No 136 ss 61H(4), 61HA(6), 61I(2); 2001 No 84 ss 15(5), 30(5); 2014 No 56 s 190(5)

47E How instrument is confirmed by Act

(1)

A confirmable instrument is for the purposes of this subpart confirmed by an Act of Parliament—

(a)

only if the Act contains a provision to the effect that the instrument is confirmed; and

(b)

only on and after that provision’s commencement.

(2)

The later repeal of the Act or provision does not affect the confirmation of the instrument (in line with section 17(1)(c) of the Interpretation Act 1999).

Compare: 1964 No 136 s 61H(6); 1996 No 27 s 286B(2); 2012 No 1 s 85(6)

47F Effect of revocation: general

(1)

This section applies to the revocation by section 47C(1)(a) or (b) of an instrument.

(2)

That revocation does not affect the previous operation of the instrument or anything done or suffered under it (in line with section 17(1)(e) of the Interpretation Act 1999).

(3)

This section is subject to section 47H.

47G Effect of revocation: amendments, etc

(1)

This section applies if a confirmable instrument—

(a)

amends an Act or instrument, repeals an Act, or revokes an instrument; and

(b)

is later revoked by section 47C(1)(a) or (b).

(2)

The Act or instrument is restored or revived—

(a)

as it was immediately before it was amended, repealed, or revoked by the confirmable instrument; and

(b)

with effect from when the confirmable instrument is later revoked by section 47C(1)(a) or (b).

(3)

This section alters an outcome under section 17(1)(d) of the Interpretation Act 1999 (see section 4(1)(a) of that Act).

47H Effect of revocation: duties, levies, or charges

(1)

This section applies if the effect of the instrument revoked by section 47C(1)(a) or (b) is to impose, or vary, any duties, levies, or road user charges.

(2)

Any duties, levies, or road user charges collected under the instrument (or, if the effect of the instrument is to vary any duties, levies, or road user charges, any duties, levies, or road user charges collected after the variation takes effect) must, unless an Act of Parliament provides otherwise, be refunded.

(3)

This section is subject to section 47I.

Compare: 1988 No 155 s 11(2); 1996 No 27 s 80(2); 2012 No 1 s 85(5)

47I Effect of revocation: exceptions to section 47H

(1)

Section 47H(2) does not limit or affect section 42C(3) and (4) of the Civil Aviation Act 1990 (which indicates how levies imposed or increased or decreased by civil aviation safety levy orders are affected by those orders being revoked by section 47C(1)(a) or (b) of this Act).

(2)

Section 47H(2) does not apply to energy resources levy rate orders revoked, and the levy rate specified in those orders remains valid in respect of the period before their revocation, by section 47C(1)(a) or (b).

(3)

Section 47H(2) does not limit or affect section 270(4) to (6) of the Land Transport Act 1998 (which indicates how fees or charges prescribed by land transport fees or charges regulations are affected by those regulations being revoked by section 47C(1)(a) or (b) of this Act).

(4)

Section 47H(2) does not apply to waste minimisation levy rate regulations revoked, and the levy rate specified in those regulations remains valid in respect of the period before their revocation, by section 47C(1)(a) or (b).

(5)

In this section,—

civil aviation safety levy orders means orders under section 42A of the Civil Aviation Act 1990

energy resources levy rate orders means orders under section 5(1) of the Energy Resources Levy Act 1976

land transport fees or charges regulations means regulations—

(a)

made under section 269 or 269A of the Land Transport Act 1998; and

(b)

prescribing fees or charges

waste minimisation levy rate regulations means regulations made under section 41(1)(e) of the Waste Minimisation Act 2008.