Legislation Act 2012

Reprint as at 7 August 2020

Coat of Arms of New Zealand

Legislation Act 2012

Public Act
 
2012 No 119
Date of assent
 
11 December 2012
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice and the Parliamentary Counsel Office.

Contents

1Title
2Commencement
Part 1
General provisions
3Purposes
4Interpretation
4ATransitional, savings, and related provisions
5Act binds the Crown
Part 2
Law relating to publishing, reprinting, and revising legislation
Subpart 1—Publishing legislation
Responsibilities and requirements
6Chief Parliamentary Counsel to arrange publication
Availability
7Designation of places where printed copies of legislation may be purchased [Repealed]
8Sale of copies of legislation [Repealed]
9Availability of electronic versions of legislation
Forwarding to Chief Parliamentary Counsel
10Copies of legislative instruments to be forwarded to Chief Parliamentary Counsel
Numbering and notification
11Numbering of legislative instruments
12Notice of making of legislative instruments
13Complying with requirement to publish or notify in Gazette by publishing and notifying under this Part
Other instruments
14Publication of instruments other than legislative instruments
Revocation of spent instruments
15Power to revoke spent instruments
Judicial notice of legislation
16Judicial notice of Acts, regulations, and legislative instruments
Official versions of legislation
17Electronic and printed official versions of legislation
18Legal status of official version
Evidence of parliamentary journals
19Copies of parliamentary journals to be evidence
Form of copies and reprints of legislation
20Directions as to form of copies and reprints of legislation
21Special requirements for copies of legislative instruments
Regulations
22Regulations
Subpart 2—Reprints
23Interpretation
24Power to make changes in reprints
25Editorial changes
26Changes to format
27Changes to be noted in reprint
Subpart 3—Revision Bills
Preliminary provisions
28Interpretation
29Overview
Preparation of revisions
30Three-yearly revision programme
31Revision powers
32Format of revision Bill
33Certification of revision Bill
34Amendments proposed by revision Bills
Interpretation of revision Acts
35Revision Acts not intended to change effect of law
Review of this subpart
36Review after 6 years
Part 2A
Publishing, for international transparency, of copies of and links to certain subordinate legislation
Purpose, overview, and definitions
36APurpose of this Part
36BOverview of this Part
36CInstrument, and other terms, defined
Duty to publish and make available copies on maker’s website
36DMaker must ensure instrument is published and made available
Duty to ensure details are in or with copies as on maker’s website
36EMaker must ensure details are in or with instrument
Links to be forwarded and made available on central website
36FLinks to be forwarded as directed
36GLinks forwarded and other instruments must be published and made available
Part 3
Subordinate legislation: Disallowable instruments, confirmable instruments, and incorporation of material by reference
Subpart 1—Disallowable instruments
Interpretation
37Interpretation
38Disallowable instruments
39Instruments that have significant legislative effect
40Instruments that determine or alter temporal application
Presentation to House of Representatives
41Legislative instruments and disallowable instruments to be presented to House of Representatives
How instruments are disallowed
42Disallowance of instruments by resolution of House of Representatives
43Disallowance of instrument if motion to disallow not disposed of
Effect of disallowance
44Effect of disallowance generally
45Effect of disallowance on enactment amended, repealed, or revoked by disallowed instrument
Amendment or substitution of instrument by House of Representatives
46Amendment or substitution of disallowable instrument by House of Representatives
Notification of disallowance, amendment, or substitution
47Notice of resolution or motion
Subpart 1A—Confirmable instruments
47AOverview
47BConfirmable instruments, etc, defined
47CInstruments revoked unless confirmed
47DOperation of annual instruments invalid if revoked before, and not confirmed by, deadline
47EHow instrument is confirmed by Act
47FEffect of revocation: general
47GEffect of revocation: amendments, etc
47HEffect of revocation: duties, levies, or charges
47IEffect of revocation: exceptions to section 47H
Subpart 2—Incorporation by reference in instruments
48Interpretation
49Instruments that may incorporate material by reference
50Application of this subpart
51Requirement to consult on proposal to incorporate material by reference
52Access to material incorporated by reference
53Effect of amendments to material incorporated by reference
54Proof of material incorporated by reference
55Application of subpart 1 of Part 2 to instrument and material incorporated by reference
56Application of subpart 1 of this Part to instrument incorporating material by reference
57Application of Standards and Accreditation Act 2015, other enactments, and rules of law not affected
Part 4
Parliamentary Counsel Office
Constitution and functions
58Parliamentary Counsel Office continues as separate statutory office
59Functions of PCO
60Power to authorise drafting and printing of Government Bills by Inland Revenue Department
61Confidentiality
Powers of Chief Parliamentary Counsel
62Powers of Chief Parliamentary Counsel
63Delegation of functions, responsibilities, duties, or powers
64Absence or incapacity of Chief Parliamentary Counsel or vacancy
65Revocation of delegations
Chief Parliamentary Counsel and employees of PCO
66Chief Parliamentary Counsel
67Parliamentary counsel
68Chief Parliamentary Counsel and parliamentary counsel to hold legal qualification
69Other employees of PCO
70Remuneration and conditions of appointment of Chief Parliamentary Counsel
71Chief Parliamentary Counsel acts as employer
72Collective agreements
73Employment principles
74Appointments on merit
75Chief Parliamentary Counsel to establish procedure for notifying vacancies and appointments, and reviewing appointments
75ASecondments from elsewhere in State services for developing senior leadership and management capability
76Protection from liability
Repeals, consequential amendments, and savings
77Repeals, consequential amendments, and savings about legislative matters
78Savings about former principal officers and other PCO staff
79Continuation of annual regulations series
Schedule 1AA
Transitional, savings, and related provisions
Schedule 1
Consequential amendments to Acts
Schedule 2
Confirmable instruments
Reprint notes

The Parliament of New Zealand enacts as follows: