Legislation Act 2019

en-NZ · official · sha256:65624a95c9b7500e9c7e1b36a6241a990281f9e98a174869c4d5a38d99f3ab3b

Section 2(1)(b)(i): the rest of this Act (except Part 4, section 148, and provisions already in force) brought into force, on 28 October 2021, by clause 2 of the Legislation Act 2019 Commencement Order 2021 (LI 2021/249).

en-NZ · official · sha256:1ad8aee089d80d6454d76f6bac05ca7a683cb21e7030df091c6b23fed58f96e8

Date on which Acts commence (1) An Act or a part of an Act comes into force on the date stated or provided for in the Act. (2) If an Act does not state or provide for a commencement date for the Act or part, the Act or part comes into force on the day after Royal assent. (3) However, an Act’s Title and commencement sections, and any principal legislation provision, come into force on Royal assent (and no reference in the commencement section includes them). (4) In subsection (3), principal legislation provision means a section or part of a section that identifies legislation being amended. Compare: 1999 No 85 s 8 Section 25(3): amended, on 25 March 2021, by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7). Section 25(4): inserted, on 25 March 2021, by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7). 26 Date on which secondary legislation commences (1) Secondary legislation or a part of any secondary legislation comes into force on the date stated or provided for in the legislation. (2) If it does not state or provide for that date, the legislation or part comes into force on the day after it is published or first made available (whether under Part 3 or otherwise as required by law). (3) However, the secondary legislation’s Title and commencement provisions, and any provision identifying the principal legislation amended, come into force on its making (and no reference in the commencement provision includes them), even if it is not yet published. Compare: 1999 No 85 s 9 27 Time at which legislation commences Legislation comes into force— (a) at the start of the day on which it comes into force (unless paragraph (b) or (c) applies); or (b) if it is expressed to come into force from a particular day, at the start of the next day; or (c) if it states or provides for a particular time of commencement on a date on which it comes into force, at that time. Compare: 1999 No 85 s 10 28 When legislation commences if calculated by number of months (1) This section applies to legislation expressed to come into force a number of months after a day or an act or event that occurs on a day (date A in the starting month). (2) The legislation comes into force in the month that is that number of months after the starting month,— (a) on the day of that month that corresponds to date A; or (b) if there is no such day, on the last day of that month. (3) This section applies instead of section 56 (on months generally). Examples ABC Act 2020 states that it comes into force a month after Royal assent. Royal assent is given on 1 July 2020. The Act comes into force on 1 August 2020. XYZ Act 2020 states that it comes into force 4 months after Royal assent. Royal assent is given on 31 May 2020. The Act comes into force on 30 September 2020 (because September does not have 31 days). 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 The 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. Compare: 1999 No 85 s 10(3)

Referencing norms: ActCommencesDayAfterAssentByDefault, EnactmentCommencesOnStatedDay, HasStatedCommencement, SecondaryLegislationCommencesDayAfterPublicationByDefault

en-NZ · official · sha256:34f3870483602d32b4a2756313bf89789beb15ded55744b393945eb817acde21

Effect of repeal or amendment generally (1) The repeal or amendment of legislation does not— (a) affect the validity, invalidity, effect, or consequences of anything done or suffered: (b) affect an existing right, interest, title, immunity, duty, status, or capacity: (c) affect an amendment made by the legislation to other legislation: (d) affect the previous operation of the legislation or anything done or suffered under it: (e) revive any thing that is not in force or existing at the time the repeal or amendment takes effect. (2) The repeal of legislation does not revive— (a) legislation that has been repealed; or (b) a rule of law that has been abolished. Compare: 1999 No 85 s 17; Acts Interpretation Act 1901 s 7(1), (2) (Aust); Acts Interpretation Act 1915 s 16 (SA) 33 Effect of repeal or amendment on existing rights and proceedings (1) The repeal or amendment of legislation does not affect— (a) the completion of a matter or thing that relates to an existing right, interest, title, immunity, duty, status, or capacity (a legal position); or (b) the commencing of a proceeding that relates to an existing legal position; or (c) the completion of a proceeding commenced or in progress under the legislation. (2) Repealed or amended legislation continues to have effect for the purposes stated in subsection (1) as if the legislation had not been repealed or amended. Compare: 1999 No 85 s 18; Acts Interpretation Act 1901 s 7(2) (Aust) 34 Effect of repeal or amendment on prior offences and breaches of legislation (1) The repeal or amendment of legislation does not affect a liability to a penalty or any other remedy or relief, or to an order or a direction, for an offence or for a breach of any legislation committed before the repeal or amendment. (2) Repealed or amended legislation continues to have effect as if it had not been repealed or amended for the purpose of— (a) investigating the offence or breach: (b) commencing or completing a proceeding for the offence or breach: (c) imposing a penalty, or any other remedy or relief, or making or giving an order or a direction, for the offence or breach. Compare: 1999 No 85 s 19; Acts Interpretation Act 1901 s 7(2) (Aust)

Referencing norms: ExistingPositionUnaffectedByRepeal

en-NZ · official · sha256:e37b8d7115395db1adf3db431857267b52399e59dbd307f048acdbc4abceb015

Official versions of legislation (1) The PCO may publish— (a) official electronic versions of legislation; and (b) official printed versions of legislation. (2) A printed version of legislation that is produced directly from an official electronic version is also an official version. (3) An electronic or a printed document that is identified as an official version of legislation in accordance with regulations made under this Act must be treated as an official version unless the contrary is shown. Compare: 2012 No 119 s 17 79 Legal status of official versions (1) An official version of legislation— (a) (if it is as originally enacted or made) is taken to correctly set out the text of the legislation; and (b) (if it is a consolidation under section 70) is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments; and (c) (if it is a version of legislation that includes changes made under subpart 2)— (i) is taken to correctly state, as at its stated date, the law enacted or made by the legislation and by the changes made (and paragraph (b) also applies if the legislation is also a consolidation); and (ii) is evidence that those changes are authorised by that subpart. (2) An official version of secondary legislation that states the date of publication by the PCO is evidence that the legislation was published on the date stated. (3) The presumptions in this section apply unless the contrary is shown. Compare: 2012 No 119 s 18 79A Legislative status of publication notes and information The following, inserted by the PCO in carrying out its functions of publishing and consolidating legislation, do not form part of the text of the official version of legislation (even if published in that version): (a) machine-readable text, links, or other metadata inserted as an aid to assist users of electronic versions of legislation: (b) a record of the legislative history of the legislation (including a record of the fact that changes have been made by the PCO under subpart 2): (c) information recorded and published by the PCO under clause 14 of Schedule 1 or as an aid to assist users to understand how this Act applies to secondary legislation: (d) any other note or information that is clearly identified, in a suitable place on the legislation website, as not forming part of the legislation. Section 79A: inserted, on 25 March 2021, by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7). 80 Evidential status of minimum legislative information (1) This section applies to minimum legislative information published under this Act. (2) Publication of the minimum legislative information for secondary legislation is evidence of the following: (a) that the secondary legislation was made; and (b) if the date of making is stated, that the secondary legislation was made on that date; and (c) if the date of publication of the information is stated with the information, that the information was published on the date stated; and (d) if the date of notification of the making of the secondary legislation is stated in the Gazette, that the making of the secondary legislation was notified in the Gazette on the date stated. (3) The presumptions in this section apply unless the contrary is shown. Compare: 2012 No 119 s 18(3), (4) 81 Judicial notice of legislation All courts and persons acting judicially must take judicial notice of all legislation. Compare: 2012 No 119 s 16

Referencing norms: ConsolidationCorrectlyStatesLaw, ContraryShownOverIdentifiedAsOfficial, ContraryShownRebutsOfficialStatus, IdentifiedVersionIsPresumedOfficial, OriginalVersionCorrectlySetsOutText, PCOElectronicPublicationIsOfficial