Government Bill
This Bill is an omnibus Bill introduced under Standing Order 263(a). That Standing Order provides that an omnibus Bill to amend more than 1 Act may be introduced if amendments deal with an interrelated topic that can be regarded as implementing a single broad policy.
This Bill is part of the response to the Productivity Commission report on Regulatory Institutions and Practices released in July 2014, which is available on the Productivity Commission website: http://www.productivity.govt.nz/inquiry-content/1788?stage=4. In that report, the Productivity Commission recommended that the Government use omnibus Bills to repeal redundant or superfluous legislation. The Government agreed to this recommendation in the Government response to the report.
This Bill repeals or partially repeals 128 Acts that are no longer needed because they no longer have any actual effect, have very limited effect, or are designed to achieve regulatory outcomes that are no longer relevant. It will reduce the total number of Acts in force in New Zealand by 120. Some of the provisions are in latent enactments that are not yet in force but could be brought into force by Order in Council. Where the Government has no intention of bringing these into force, it is desirable to repeal them to reduce uncertainty associated with them remaining on the statute book. For example, following Government decisions in respect of the regulation of therapeutic products in New Zealand, it is neither necessary nor desirable to bring the latent provisions of the Medicines Amendment Act 2013 into force.
The maintenance of a quality regulatory environment requires ensuring that the existing body of legislation is easy to use, up to date, and fit for purpose. This Bill will help to achieve this by clearing the statute book of some unnecessary Acts. A key benefit of this Bill is that it provides a timely and cost-effective method of collectively repealing unnecessary Acts. Without this Bill, these Acts may sit on the statute book indefinitely.
A departmental disclosure statement is not required for this Bill.
Clause 1 sets out the Title of the Bill.
Clause 2 is the commencement clause. This Bill comes into force on the day after the date on which it receives the Royal assent.
Clause 3 and Schedule 1 repeal 120 Acts in full and 8 Acts in part. Of those 128 Acts, 9 are latent Acts, 9 are repeal Acts, and 7 are private Acts. Further information about some of the latent provisions is available on the Parliamentary Counsel Office website: www.pco.parliament.govt.nz/legislation-waiting-to-be-brought-into-force/
Clause 4 and Schedule 2 amend 5 Acts to retain provisions that would otherwise be repealed by this Bill and to make consequential amendments.
Clause 5 provides that this Bill is repealed 28 days after it comes into force.
Hon Steven Joyce
Government Bill
The Parliament of New Zealand enacts as follows:
This Act is the Statutes Repeal Act 2015.
This Act comes into force on the day after the date on which it receives the Royal assent.
(1)
The Acts specified in Part 1 of Schedule 1 are repealed.
(2)
The Acts specified in Part 2 of Schedule 1 are repealed to the extent shown.
The Acts specified in Schedule 2 are amended in the manner indicated in that schedule.
This Act is repealed on the day that is 28 days after the date on which it comes into force.
s 3
Section 45(1).
Sections 314(1)(a) to (c) and 338.
Section 12.
Sections 2(1), 5(2), 8, 11 to 15, 17 to 21, 29(1), 32, 33(2), and 34.
Sections 4(1), (3), and (7), 16, 48, 49, and 67.
Sections 5, 6(1), 12, 15, 45, 46, 49(1), (2), and (5), and 52 to 54.
Sections 18 to 22 and the cross-heading above section 18.
Sections 53 to 61 and the cross-heading above section 53.
Sections 96 to 105, 107 to 109, 110(3) and (4), and 112.
s 4
After section 20, insert:
(1)
In this section, Foundation means the charitable trust established by deed dated 31 March 1999 with the name Children’s Health Camps—The New Zealand Foundation for Child and Family Health and Development.
(2)
Despite the revocation of the Health Camps Federation Emblem Order 1954, the emblem of the King George the Fifth Memorial Children’s Health Camps Federation is to be the emblem of the Foundation.
(3)
No person may,—
for the purposes of sale, apply or cause to be applied to any article the emblem of the Foundation or any colourable imitation of that emblem without the prior written consent of the Foundation; or
knowing that the emblem of the Foundation or any colourable imitation of that emblem has been applied to any article without the prior written consent of the Foundation, sell that article, or cause it to be sold, or offer or expose that article for sale, or cause it to be offered or exposed for sale.
(4)
A person who contravenes subsection (3) commits an offence and is liable on conviction to a fine not exceeding $2,000.
In section 24, insert as subsection (2):
(2)
This section does not apply to an offence against section 20AAA.
In Schedule 3, repeal the item relating to the Children’s Health Camps Board Dissolution Act 1999.
In section 2, after the definition of Agency, insert:
Auckland Harbour Bridge means the bridge structure (including the superstructure, deck, piers, and any attached structures) across the Waitemata Harbour, Auckland, between Birkenhead and Westhaven, that is part of State Highway 1 between route positions 01N-0414/09.02 and 01N-0414/10.82.
After section 87, insert:
The Auckland Harbour Bridge is declared to be a motorway within the meaning of this Act, and the provisions of this Act and of any other Act and of any regulations relating to motorways accordingly apply to the Auckland Harbour Bridge.
The Agency must at all times ensure that the Auckland Harbour Bridge is adequately lighted so as to provide for the safety of ships and aircraft in the vicinity of the Auckland Harbour Bridge.
(1)
No person or body may provide, install, maintain, or repair any water main, gas pipe, or other pipe, or any power or telecommunications line, wire, or cable on the Auckland Harbour Bridge without the consent of the Agency, which may be given subject to such conditions as the Agency considers necessary for the protection and safety of the Auckland Harbour Bridge and of traffic using the Auckland Harbour Bridge.
(2)
The person or body responsible for any installation on the Auckland Harbour Bridge must pay to the Agency an annual amount for the use of the Auckland Harbour Bridge as may be agreed upon by the Agency and the person or body.
In Schedule 1, repeal the item relating to the Sentencing Council.
Replace the Part 3 heading with:
After section 88(2), insert:
(3)
The entitlement of an officer or employee in the State services under any superannuation arrangement that applied to that officer or employee on 25 January 2005 is not affected by—
the repeal of sections 84 to 84D of this Act by section 16(1) of the State Sector Amendment Act (No 2) 2004; or
the amendments to Acts that are contained in Schedule 6 of the Crown Entities Act 2004.