New Zealand Acts

LEGISLATION ACT 2019 - SECT 43

43 When powers can be exercised before commencement

1 A power conferred by legislation may be exercised before the legislation comes into force or takes effect to—

a) make secondary legislation or another instrument; or

b) serve a notice or document; or

c) appoint a person to an office; or

d) establish a body of persons; or

e) confer or impose on a person a right, interest, title, immunity, duty, status, or capacity (a
"legal position" ); or

f) do any other act or thing for the purposes of the legislation.

2 However, the power may be exercised only if the exercise of the power is necessary or desirable—

a) to bring the legislation into operation; or

b) in connection with bringing the legislation into operation.

3 Subsection (1) applies as if—

a) the legislation that confers the power, and all other legislation that is relevant to the power’s exercise and that has not yet commenced, had commenced; and

b) a legal position that would be conferred or imposed by legislation that is relevant to the power’s exercise, and that has not yet commenced, has been conferred or imposed.

Note: 1999 No 85 s 11