New Zealand Acts

LEGISLATION ACT 2019 - SECT 147

147 Regulations

1 The Governor-General may, by Order in Council made on the recommendation of the Attorney-General, make regulations for 1 or more of the following purposes:

a) prescribing additional minimum legislative information for the purposes of the definition of that term in section 5(1) :

b) prescribing information for the purposes of the obligation for the PCO to notify the making of secondary legislation in the Gazette under section 69 :

c) prescribing minimum requirements for the manner in which secondary legislation, or a part of secondary legislation, must be published, notified, or otherwise made available for the purpose of the applicable publication requirements under section 74(1) (but only for empowering provisions that—

i) are enacted on or after the main commencement date; or

ii) were enacted before the main commencement date and are specified in the regulations as ones to which section 74(1)(aa) applies); or

iii) are in this Act:

d) prescribing any instrument of the Crown for the purposes of paragraph (d) of the definition of relevant central government entity in section 77 (as in force on the main commencement date):

e) requiring makers of secondary legislation not drafted by the PCO to lodge with the PCO for publication specified updates or corrections to minimum legislative information that is published under this Act:

f) specifying, for the purposes of section 70(1)(c) , the secondary legislation for which a consolidation must be published under this Act if the legislation is amended:

g) in respect of a consolidation required by regulations made under paragraph (f), specifying, for the purpose of section 71(1) , when the PCO must electronically publish the consolidation:

h) prescribing, for the purposes of any requirement for something to be lodged with the PCO for publication under this Act,—

i) by whom, when, where, and how the thing must be lodged (including, in the case of amendments, whether they must be lodged as amendments, as consolidations, or in both forms):

ii) the form, format, method, or medium that must be used in connection with the lodgement (which may be an electronic lodgement system):

iii) what information or other evidence or documents must be provided in connection with the thing that is lodged or the lodgement (including any certification or information, such as the date on which secondary legislation is made):

iv) requirements with which information, evidence, or documents that are provided in connection with lodgement must comply:

v) by whom, when, where, and how any updates or corrections must be made to the thing that must be lodged (and prescribing any other matters under this paragraph in relation to those updates or corrections):

i) authorising the PCO to determine or prescribe, whether by notice or by setting the requirements of an electronic lodgement system, any of the matters under paragraph (h):

j) determining what lodgement requirements imposed under the regulations are the standard requirements for lodgement for the purposes of subsection (6)(a):

k) exempting (on terms and conditions, if any) secondary legislation from any or all of—

i) the requirements to lodge and publish particular minimum legislative information:

ii) the requirements relating to lodgement and publication that are prescribed under paragraphs (e) to (j):

iii) the prohibition on coming into force before publication under section 73 , including to allow a period of exemption for things properly lodged with the PCO for publication generally or in specified circumstances:

iv) any other requirements as to how or when to lodge or publish under this Act:

l) prescribing, for the purpose of section 76 , minimum requirements for the manner in which secondary legislation, or a part of secondary legislation, must be published, notified, or otherwise made available for the purpose of any publication exemptions:

m) imposing requirements concerning the manner in which legislation and minimum legislative information are to be made available to the public under section 72 :

n) specifying features by which an electronic document or a printed document is identifiable as an official version for the purpose of section 78 , including (without limitation) by—

i) imposing requirements as to the form of official versions of legislation:

ii) providing how official versions of legislation in an electronic form can be authenticated:

o) requiring the payment of fees and charges to the PCO to perform or exercise any function, duty, or power under this Act in relation to a discretionary publication request (and authorising the PCO not to act until a required amount is paid to it):

p) prescribing the amounts of those fees and charges or the manner in which those fees and charges are to be calculated:

q) authorising the PCO to require payment of any costs incurred by the PCO in connection with a discretionary publication request to the PCO:

r) authorising the PCO to waive or refund, in whole or in part and with or without conditions set by the regulations, payment of fees, charges, or costs:

s) providing for matters contemplated by subpart 2 of Part 1 of Schedule 1 (which deals with the transition to publication under this Act), including—

i) deadlines and classes of secondary legislation to which those deadlines apply:

ii) dates and classes of secondary legislation (which may include all secondary legislation that is not listed or published on a particular date) for the purposes of revocations under that subpart:

iii) any matters set out in paragraphs (a) to (l) that are relevant to minimum legislative information or secondary legislation that is lodged under that subpart:

t) providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.

2 The Attorney-General must, before making a recommendation to specify an empowering provision under subsection (1)(c)(ii), be satisfied that the maker of the secondary legislation under that empowering provision has recommended that section 74(1)(aa) apply to the empowering provision.

3 The Attorney-General must, before making a recommendation in relation to an exemption under subsection (1)(k),—

a) have regard to the purpose of this Act; and

b) be satisfied that there is good reason for granting the exemption that outweighs the interests of the public in having the requirement met; and

c) be satisfied that the extent of the exemption is not broader than is reasonably necessary to address the matters that gave rise to the exemption.

4 If the Attorney-General makes a recommendation in relation to an exemption under subsection (1)(k), the Attorney-General’s reasons for making the recommendation (including why the exemption is appropriate) must be published together with the regulations.

5 The Attorney-General must, before making a recommendation in relation to regulations under subsection (1)(s), have regard to the purpose of subpart 2 of Part 1 of Schedule 1 set out in clause 11 of that schedule.

6 In this section,
"discretionary publication request" means any of the following requests to the PCO:

a) to publish secondary legislation that does not meet the prescribed standard requirements for lodgement:

b) to make an editorial change under subpart 2 of Part 3 .

7 Any fee, charge, or cost payable to the PCO is recoverable by the PCO in any court of competent jurisdiction as a debt due to the PCO.

7A Regulations made under this section are secondary legislation (see Part 3 for publication requirements).

7B If regulations made under subsection (1)(i) authorise the PCO to determine or prescribe matters by notice,—

a) a notice made under the regulations is secondary legislation (see Part 3 for publication requirements); and

b) the regulations must contain a statement to that effect.

8 References to sections of this Act (or to terms) in subsection (1)(f) to (l) are to sections as in force (and to terms as defined) on and after the publication commencement date.

9 In this section,
"main commencement date" and
"publication commencement date" have the meanings set out in clause 2 of Schedule 1 .

History: Section 147(1)(c): amended, on 25 March 2021, by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).   Section 147(1)(c)(i): inserted, on 25 March 2021, by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).     Section 147(1)(c)(ii): inserted, on 25 March 2021, by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).     Section 147(1)(c)(iii): inserted, on 25 March 2021, by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).     Section 147(2): replaced, on 25 March 2021, by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).     Section 147(7A): inserted, on 25 March 2021, by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).     Section 147(7B): inserted, on 25 March 2021, by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).