New Zealand Acts

LEGISLATION ACT 2019 - SECT 29

29 Power to make commencement order

1 A power to make an Order in Council bringing legislation into force—

a) includes a power to state a time of commencement on the date that is set; and

b) is capable of being exercised more than once to amend, revoke, or replace an Order in Council made in a previous exercise of the power, so long as each re-exercise of the power takes effect before the commencement takes effect; and

c) includes a power to make 1 or more orders setting different dates for different provisions of the legislation; and

d) includes (if there is a provision where its commencement would otherwise operate to give effect to other parts of legislation) a power to commence the provision only for the purpose of giving effect to some, but not other, parts of that legislation.

Example: ExampleThe Dogs and Cats Act 2020 states that it comes into force on a date set by Order in Council. Section 100 states that the legislation set out in Schedule 4 is consequentially amended (and Schedule 4 sets out all the amendments). An Order in Council is made that commences section 100 on 1 July 2020 for the purpose of giving effect to the first 10 consequential amendments in Schedule 4. The rest of the consequential amendments in Schedule 4 do not come into force at that time. A later Order in Council commences section 100 for the purpose of the rest of the consequential amendments on 1 July 2021.

2 If the power referred to in subsection (1)(d) is exercised, the provision comes into force only for that purpose and only the identified parts come into force.

Note: 1999 No 85 s 10(3)