New Zealand Law Society - Legislation Bills receive third readings

Legislation Bills receive third readings

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The Legislation Bill and the Legislation(Repeals and Amendments) Bill had third readings on 22 October 2019.

The Minister for the Environment David Parker is in charge of the bills. The Legislation (Repeals and Amendments) Bill was formerly part of the Legislation Bill. The Legislation Bill comprises clauses 1 and 2, parts 1 to 7, and Schedules 1 to 4. The Legislation (Repeals and Amendments) Bill comprises Parts 8 to 10 and Schedules 5 and 7.

The Legislation Bill rewrites and replaces the Legislation Act 2012 to implement publication and other reforms relating to the production of high-quality legislation that is easy to find, use, and understand; and updates and re-enacts the Interpretation Act 1999.

Part 1 contains the purpose, definitions and other preliminary provisions.

Part 2 provides for the interpretation and application of legislation including principles of interpretation (clause 10), rules that apply to commencement and general empowering provisions (clause 39).

For example, clause 14 defines the meaning of a de facto relationship. Clause 16 clarifies references to specific gender or kind of person.

Part 3 provides for drafting and publication of legislation including setting drafting responsibilities, providing tools for correcting errors (subpart 2) and providing for revision programmes (subpart 3).

Part 4 sets disclosure requirements for Government-initiated legislation.

Part 5 supports parliamentary oversight and control over secondary legislation through providing for the House of representatives to disallow all secondary legislation (clause 114) and setting the deadlines for confirmation of secondary legislation (clause 122) and the consequences of not confirming.

Part 6 continues the PCO with the functions of drafting and publishing legislation.

Part 7 contains regulation-making powers and miscellaneous provisions.

Section 145 comes into force on the day after the date of the Royal assent

The rest of the Act comes into force on 1 or more dates sets by an Order in Council, or to the extent not brought into force earlier, on the fifth anniversary of the date of Royal assent.

The Legislation (Repeals and Amendments) Bill

Part 8 – Interim amendments amends the Legislation Act 2012 (clause 147) and other Acts (clause 148) as set out in Part 2 of Schedule 5.

Part 9 – Repeals, revocations, and related amendments – subpart1 contains amendments relating to Part 2 . Subpart 2 contains amendments relating to Part 3.

Part 10 – Amendments to Legislation Act 2017 for centralised publication requirements – amends the Legislation Act 2017 as set out in Schedule 7.

Part 8 and Schedule 5 come into force on the day after the date of the Royal assent.

The rest of the Act comes into force on one or more dates set by Order in Council, or if not brought into force earlier, on the fifth anniversary of the date of Royal assent.

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