New Zealand Acts

LOCAL GOVERNMENT ACT 2002 - SECT 161A

161A What is local authority legislation

1 A bylaw that is made by a local authority or a council-controlled organisation is secondary legislation for the purposes of the Legislation Act 2019 .

2 Any other instrument (whatever it is called) that is made by a local authority or a council-controlled organisation is secondary legislation for the purposes of the Legislation Act 2019 if it has significant legislative effect.

3 Subsection (1) applies whether or not the empowering legislation expressly states that the instrument is secondary legislation.

4 However,—

a) for the purposes of the Legislation Act 2019 , the secondary legislation has a presentation exemption (and so does not need to be presented to the House of Representatives), unless the empowering legislation (or other legislation) expressly requires presentation; and

b) the secondary legislation need not be published under the Legislation Act 2019 ; and

c) the secondary legislation is disallowable by the House of Representatives unless it is made by bylaws as defined by section 2 of the Bylaws Act 1910 (see section 115 of the Legislation Act 2019 ).

History: Section 161A: inserted, on 28 October 2021, by section 14 of the Legislation (Repeals and Amendments) Act 2019 (LI 2021/247).