New Zealand Acts New Zealand ActsHistory: Schedule 3: replaced, on 25 March 2021, by section 4(4) of the Secondary Legislation Act 2021 (2021 No 7).
1) A presentation or disallowance exemption applies to secondary legislation (or part of secondary legislation) under this schedule if—a) it is made under an empowering provision to which that exemption applies in accordance with the tables below; andb) any exemption ground is met (if specified in the tables for the exemption).
2) Any term or expression that is used in this schedule in relation to any empowering legislation, but not defined in this Act, has the same meaning as in that empowering legislation.
3) See also clause 32 of Schedule 1 for transitional presentation exemptions.
Empowering provision Exemption grounds Presentation exemption (s 114(2)(a)) Disallowance exemption (s 115(d)) Animal Products Act 1999 Section 167(1 ) (for the purposes of section 38(2)(b) or 60 ) Exemption applies Child Poverty Reduction Act 2018 Section 6 (in combination with section 34 ) Exemption applies Civil Aviation Act 2023 Section 52 Exemption ground Compliance is inappropriate for reasons of security. Exemption applies if exemption ground is met Section 63 Exemption ground Compliance is inappropriate for reasons of security. Exemption applies if exemption ground is met Section 64 Exemption ground Compliance is inappropriate for reasons of security. Exemption applies if exemption ground is met Section 67 Exemption ground Compliance is inappropriate for reasons of security. Exemption applies if exemption ground is met Section 70 Exemption ground Compliance is inappropriate for reasons of security. Exemption applies if exemption ground is met Section 152 Exemption ground Compliance would prejudice the national security interests of New Zealand. Exemption applies if exemption ground is met Section 154 Exemption ground Compliance would prejudice the national security interests of New Zealand. Exemption applies if exemption ground is met Section 322(1)(b) Exemption ground Compliance would prejudice the national security interests of New Zealand. Exemption applies if exemption ground is met Section 430 (where transport instrument provided for by rule made under s 52, 63, 67, or 70 ) Exemption ground Compliance would prejudice the national security interests of New Zealand. Exemption applies if exemption ground is met Section 436 Exemption applies Civil Defence Emergency Management Act 2002 Section 39 Exemption applies Commerce Act 1986 Section 52P Exemption applies Section 52W Exemption applies Section 53ZG Exemption applies District Court Act 2016 Section 60(1)(b) Exemption applies Dog Control Act 1996 Section 78A(1) Exemption applies Financial Markets Conduct Act 2013 Section 556 Exemption ground If the FMA is satisfied on reasonable grounds that it is proper to defer compliance on the ground of commercial confidentiality. Exemption applies if exemption ground is met Fisheries Act 1996 Regulations made under section 186 Exemption ground The secondary legislation is bylaws made under the regulations for the purposes of section 49 of Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019 . Exemption applies if exemption ground is met Governor-General Act 2010 Section 5 Exemption applies Section 6 Exemption applies Section 8 Exemption applies Health and Safety at Work Act 2015 Section 7(5) Exemption applies Section 8(2) Exemption applies Local Government (Water Services Preliminary Arrangements) Act 2024 Section 42 Exemption applies Exemption applies Section 46 Exemption applies Exemption applies Misuse of Drugs Act 1975 Section 4(1), (1B) Exemption applies Ombudsmen Act 1975 Section 15 Exemption applies See s 115(a) Organic Products and Production Act 2023 Section 143 (for the purpose of section 63 ) The relevant chief executive considers that compliance would result in 1 or more of the following:
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