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Further Government Response to the Report of the Regulations Review Committee on its Inquiry into Instruments Deemed to be Regulations—An Examination of Delegated Legislation

Presented to the House of Representatives in accordance with Standing Order 248

INTRODUCTION

1.   In July 1999, the Regulations Review Committee presented to the House of Representatives its report entitled Inquiry into Instruments Deemed to be Regulations—An Examination of Delegated Legislation (AJHR I. 16R). The report expressed a number of concerns about "deemed regulations" and made 16 recommendations. When the previous Government presented its Response to that report in October 1999, it had already addressed recommendations 1 and 2, which relate to the principles that should guide decisions on the inclusion of powers for deemed regulations in draft legislation. The Response announced the establishment of a working party of officials.

2.   The working party was to study most of the recommendations of the Regulations Review Committee. Excluded from its consideration were recommendations 1 and 2, to which the Government had already agreed, and also a recommendation (recommendation 13) relating to specific proposals for land transport rules on which the Minister of Transport had been asked to report. In its Response, the previous Government indicated its intention to present a further Government Response by 30 June 2000.

3.   This Response addresses the recommendations that were deferred by the previous Response. It draws on the study of the working party that was established following the previous Response and on the report by the Minister of Transport.

4.   In the context of the Regulations Review Committee's report, the term "deemed regulation" refers to delegated legislation that is—

  1. made by a person or body other than the Governor-General in Council (or a local authority); and
  2. deemed to be a regulation or required to be treated as a regulation for the purposes of the Regulations (Disallowance) Act 1989 (and accordingly subject to the scrutiny of the Regulations Review Committee).

5.   Appendix A sets out the references to statutory provisions that authorise deemed regulations (as defined in paragraph 4) to be made.

Concerns about deemed regulations

6.   The concerns of the Regulations Review Committee may be summarised as follows:

  1. deemed regulations are less democratic than traditional regulations, which are made by a government with the confidence of parliament ("democracy concern"):
  2. deemed regulations are not subject to executive scrutiny through the Cabinet process and the work of the Parliamentary Counsel Office ("quality concern"):
  3. deemed regulations are generally not published in the official series of Statutory Regulations ("the SR Series") and are therefore more difficult to find ("access concern").

CONSIDERATION OF THE RECOMMENDATIONS OF THE REGULATIONS REVIEW COMMITTEE

Bills authorising deemed regulations:
Recommendations 1 and 2 of Regulations Review Committee

7.   The Regulations Review Committee recommends (recommendation 1) "that the principles identified by the Regulations Review Committee be taken into account when legislation is developed, in order to determine whether traditional regulations or deemed regulations should be created."

8.   The Regulations Review Committee recommends (recommendation 2) "that the Cabinet Office Manual—Format for Submissions to the Cabinet Legislation Committee on Draft Bills Ready for Introduction be amended to require that any power to make deemed regulations in legislation is identified and conforms with the principles stated in this report".

9.   The previous government decided to implement those recommendations. That government directed that the cover sheet for draft Bills submitted to the Cabinet Legislation Committee for consideration be amended so as to draw to Ministers' attention—

  • whether or not the proposed Bill includes any provision empowering the making of deemed regulations; and
  • if so, the reasons for the provision, taking into account the principles identified by the Committee in its report.1

10.   The previous government also directed that,—

  • if a government Bill includes any provision empowering the making of deemed regulations, the reason for the provision should be included in the explanatory note to the Bill; and
  • the cover sheet for a draft Bill should be amended so as to indicate, in such a case, that the explanatory note to the Bill sets out the reason for the provision.

11.   The Government endorses the directions set out in paragraphs 9 and 10.

Proposal to require Cabinet approval for deemed regulations:
Recommendation 3 of Regulations Review Committee

12.   The Regulations Review Committee recommends (recommendation 3) that all deemed regulations should be approved by Cabinet as part of the promulgation process.

Response

Cabinet decision-making

13.   It is important to consider recommendation 3 in the context of the Cabinet decision-making process. The Cabinet Office Manual states—

Cabinet is the central decision-making body of executive government. Its role is to take decisions in a wide range of areas including:

  • major policy issues:
  • important spending proposals and financial commitments:
  • proposals involving new legislation or regulations:
  • matters which concern the interests of a number of government departments:
  • controversial matters:
  • ratification of international treaties and agreements.

14.   Cabinet's primary function is to take decisions, not to scrutinise or monitor, although scrutinising and monitoring may be part of the decision-making process. Additionally, Cabinet is not generally concerned with minor or technical decisions. Those matters are dealt with at a departmental or ministerial level.

15.   All Bills and regulations currently go through Cabinet. Bills go through Cabinet because significant policy issues can arise during the drafting process, so it is important for Ministers to have the opportunity to discuss the final result. Regulations go through the Cabinet system for two reasons. First, traditional regulations regularly relate to matters that are of significant concern to the general public. Second, traditional regulations are made by Order in Council and therefore involve the Executive in any case. Ministers are, however, more concerned with whether the regulations effectively implement government policy than with technical issues such as drafting.

16.   In the last few years, Cabinet has streamlined its processes, reducing the number of technical issues that it considers. Guidance was issued to Ministers and chief executives in 1999 reminding them that only those items that require consideration at the Cabinet level should be submitted for the consideration of Cabinet and Cabinet committees.

17.   The suggestion that "deemed regulations"—which, by the Committee's own recommendation, should be limited to relatively detailed, technical matters affecting a narrowly defined or clearly identifiable group—be considered by Cabinet therefore sits uncomfortably with Cabinet's collective decision-making role.

18.   While Cabinet may occasionally be concerned with policy or process issues concerning rules, it does not scrutinise the technical drafting of the rules themselves. Recommendation 3 would therefore be a significant departure from current practice.

19.   Recommendation 3 would have significant resource implications. In addition to the 300 traditional regulations processed in 1999, Cabinet could expect a significant number of deemed regulations. The Regulations Review Committee recorded 118 deemed regulations in 1998 and 52 in 1999. Every item would require a Cabinet paper, and would need to be processed. The addition of deemed regulations would therefore involve a considerable increase in the number of papers currently going through the Cabinet Legislation Committee.

Quality assurance

20.   The Government appreciates that the Committee's recommendation for Cabinet approval is prompted not only by the assumption that Cabinet should have an overview of executive law-making but also by concerns about quality. In the case of traditional regulations, quality assurance is provided by a number of requirements. All traditional regulations must be drafted in the Parliamentary Counsel Office. Each traditional regulation must be certified by Parliamentary Counsel as in order for submission to Cabinet, and be accompanied by a submission from the relevant Minister that the regulation complies with certain standards set out in the Cabinet Office Manual.

21.   The Government notes that Cabinet approval for deemed regulations would not affect current drafting arrangements. The Regulations Review Committee considers that it would not be desirable for the Parliamentary Counsel Office to be responsible for drafting all delegated legislation (see pages 25 and 26 of its report). The Government agrees with that assessment. It also agrees with the Committee that the Parliamentary Counsel Office can play a useful role in providing guidance on drafting matters (see paragraphs 71 to 73).

22.   The submission to Cabinet of deemed regulations will therefore not of itself affect drafting standards. Nor is it likely that Ministers, collectively in Cabinet, will have the expertise or interest to scrutinise the technical material contained in most deemed regulations. However, the quality assurance processes of the Cabinet system may well improve the quality of deemed regulations. But those control processes should not be seen as an end in themselves. They are there to support the Cabinet decision-making process. Cabinet is the central decision-making body and the Cabinet process should not be used simply because it provides a convenient, established method of quality assurance.

23.   Quality assurance systems for deemed regulations can be developed and applied without taking deemed regulations to Cabinet. It would be sensible if authorities responsible for making deemed regulations adopted certain of the quality controls that the Cabinet Office requires for traditional regulations. The quality controls that are particularly relevant to deemed regulations are the statements required to be included in paragraphs 3 to 5 of the format for submissions for regulations (set out in Appendix 6 of the Cabinet Office Manual) as to whether the proposed regulations—

  • comply with the principles of the Treaty of Waitangi:
  • comply with the New Zealand Bill of Rights Act 1990:
  • comply with the Human Rights Act 1993:
  • comply with the Privacy Act 1993:
  • comply with relevant international standards and obligations:
  • comply with the Guidelines of the Legislation Advisory Committee:
  • comply with the rule that regulations are not to come into force until at least 28 days after their notification in the Gazette:
  • contain grounds for the Regulations Review Committee to draw the regulations to the attention of the House under Standing Order 382.

24.   Because deemed regulations are as much part of the law as traditional regulations, they should meet the basic standards that traditional regulations are required to meet. Authorities responsible for making deemed regulations should accordingly ensure that the regulations are—

  • within the powers of the authorising statute:
  • consistent with the basic public law requirements referred to in the Cabinet Office standard format for submissions on regulations.

As a matter of good practice, these requirements should be tested by formal quality-assurance mechanisms such as those administered by the Cabinet Office. It would therefore be desirable if regulatory authorities incorporated those requirements in their internal quality assurance systems.

Legal implications of recommendation 3

25.   If recommendation 3 were accepted, it would be necessary to analyse every authorising statute to establish whether Ministers could lawfully approve, or decline to approve, deemed regulations made under the statute. In the case of certain statutes, it is clear that Ministers could not lawfully decline to give their approval. These are statutes that confer legislative power on authorities that are required to act independently. Examples of such statutes are the Privacy Act 1993, the Financial Reporting Act 1993, and the Medical Practitioners Act 1995. If the recommendation were to be adopted in principle, each statute would need to be reviewed and many would have to be amended. In some cases, the amendments would be far-reaching.

26.   For these reasons, the Government does not accept the Committee's recommendation that all deemed regulations be approved by Cabinet.

27.   The Government will request regulatory authorities to ensure that their internal quality assurance systems for proposed deemed regulations address the compliance of each proposed regulation with the matters summarised in paragraph 23 and specified in paragraphs 3 to 5 of the format for submissions on traditional regulations (set out in Appendix 6 of the Cabinet Office Manual).

Principles concerning publication of deemed regulations:
Recommendation 4 of Regulations Review Committee

28.   The Regulations Review Committee recommends (recommendation 4) that certain general principles for printing and publication be applied to deemed regulations.

29.   The principles are as follows:
[4.1]  All regulations should comply with the Acts and Regulations Publication Act 1989, unless there is good reason for them being exempt from those requirements.
[4.2]  The reasons for exempting regulations from the Acts and Regulations Publication Act 1989 should be identified in submissions to the Cabinet seeking approval for the introduction of a bill and in the explanatory note of a bill for introduction.
[4.3]  Where the obligations created by deemed regulations are of general application or interest to the public, the instrument should be required to comply with the Acts and Regulations Publication Act 1989 and should be published in the SR Series.
[4.4]  Separate printing and publication requirements may be appropriate where the instrument contains technical matters relevant to identifiable individuals or groups, implements detailed provisions of international agreements or standards, or is of a short-term or emergency nature. The Committee considers that many civil aviation rules and some maritime rules fit into this narrow exception to the general rule.
[4.5]  Any separate printing and publication requirements should specify:

  • that notice must be given in the Gazette and any other publication relevant to the individuals or organisations affected
  • that the deemed regulations are available for inspection free of charge and for purchase at a reasonable price (wherever possible)
  • that notice is given of the places where the deemed regulations can be inspected or purchased.

[4.6]  Wherever practicable, modern technology should be utilised to enhance public accessibility.
[4.7]  The Committee endorses making the text of published deemed regulations available on the Internet.

Response

30.   The principles set out in recommendation 4 are intended to address the "access concern". Instruments that have to be treated as regulations for the purposes of the Acts and Regulations Publication Act 1989 must be published in the SR Series. Publication of an instrument in the SR Series means that the instrument can be easily identified and located. Regulations in the SR Series are published, in accordance with the Acts and Regulations Publication Act 1989, by the Parliamentary Counsel Office. Ever since the early 1950s, all regulations included in the SR Series have been drafted in the Parliamentary Counsel Office. This is in accordance with an Attorney-General's direction that was given to ensure consistency in style, which is itself an important factor in making the law accessible.

31.   Under section 14 of the Acts and Regulations Publication Act 1989, the Chief Parliamentary Counsel may publish any instrument in the SR Series, even though it is not a regulation in the strict sense. For example, the Land Transport (Driver Licensing) Rule 1999 (SR 1999/100) has been published in the SR Series under that provision. The discretion conferred by the Acts and Regulations Publication Act 1989 thus provides a flexible means of publishing instruments of general significance in the SR Series. This is particularly useful in cases when the instrument belongs to a class of instrument that is normally of limited application and interest.

32.   The Government agrees with the Committee that there should be a presumption that an instrument that is deemed to be a regulation for the purposes of the Regulations (Disallowance) Act 1989 is to be published in the SR Series. This accords with the starting point of the current law, under which instruments subject to the Regulations (Disallowance) Act 1989 are also subject to the Acts and Regulations Publication Act 1989. It is also largely in accordance with current practice. The discussion in paragraphs 41 to 60 of statutes that currently authorise separate publication of deemed regulations indicates that most do so for good reason. In only a few cases will the question of separate publication need to be reconsidered. Acceptance of the presumption will, however, require a more deliberate approach to excluding the Acts and Regulations Publication Act 1989 in draft legislation. When a draft Bill provides for separate publication, the reasons for separate publication should, as proposed by the Committee, be submitted to Ministers when Cabinet's approval for introducing the Bill is sought. Those reasons should also be stated in the Bill's explanatory note.

33.   The Government agrees that, as a matter of principle, separate publication is not justified if a regulatory instrument affects the public at large. In that case, it should be subject to the Acts and Regulations Publication Act 1989. However, separate publication may be justified if the instrument is technical in nature and imposes obligations on a relatively small group whose members are identifiable. In practice, there are likely to be grey areas between instruments that are addressed to the public at large on the one hand and instruments that are addressed to a self-contained group on the other. Technical instruments that are addressed to a community of experts may be of genuine interest to lay members of the public. Whether interest in a particular instrument is confined to a particular group will on occasions be a matter for judgment. An example of a class of instruments that fall into a grey area are financial reporting standards. They are primarily meant for accountants, but may be of real interest to, and may impose obligations on, non-accountants.

34.   The scope of application of a regulatory instrument is a threshold question; it is not determinative of whether separate publication is justified. Separate publication of a proposed instrument may be justified if it is desirable to prepare and publish the instrument in a different format and style from that followed in the SR Series. The Government considers that it should be necessary to show that there are benefits to be gained from separate publication. Such benefits might include the ability to use technical styles and formats that, while inconsistent with the style and format of the SR Series, are most effective in making the regulations useful to members of the group, or the efficiencies flowing from having a group of experts prepare and draft regulations in a highly technical area. The Government considers that focusing on the benefits to be derived from separate publication will also be helpful in assessing grey areas of technical regulations that may be of interest to laypersons. The question will then be whether the benefit from separate publication outweighs the cost of separate publication to interested laypersons.

35.   The Government agrees that the fact that a regulation implements detailed provisions of international agreements or standards may also justify separate publication (see principle 4.4 quoted in paragraph 29). Thus the content and form of aviation and marine regulations are largely determined by international standards. For these it can be very advantageous to follow an internationally recognised format, as is the case with civil aviation rules. This can be quite different from the style and format of regulations published in the SR Series.

36.   The Government also agrees that the short-term or emergency nature of an instrument is a further ground justifying separate publication (see principle 4.4 quoted in paragraph 29). Thus a deemed regulation that institutes an emergency control scheme under section 41 of the Animal Products Act 1999 has a maximum life of only 6 months, which would not warrant publication in the SR Series.

37.   The Government agrees that, when a Bill authorises separate publication of a deemed regulation, the Bill should contain the standard provisions, set out in principle 4.5 quoted in paragraph 29, as to the availability of the deemed regulation.

38.   The availability of the text of deemed regulations on the Internet (see principle 4.7 quoted in paragraph 29) is dealt with in the discussion of recommendation 7 of the Committee's report.

39.   The Government accordingly endorses the following principles on the publication of deemed regulations:

  1. deemed regulations should be published in the SR Series unless there is good reason for separate publication:
  2. separate publication of a deemed regulation is not justified if the regulation imposes obligations that are of general application or interest to the public:
  3. separate publication of a deemed regulation may be justified if—
    1. the regulation contains technical matters relevant to a particular group, and the benefits of separate publication outweigh any costs of separate publication:
    2. the regulation implements detailed provisions of international agreements or standards:
    3. the regulation is of a short-term or emergency nature:
  4. every submission to Cabinet seeking approval for the introduction of a draft Bill that provides for the separate publication of a deemed regulation should state the reasons for separate publication:
  5. every Bill that provides for the separate publication (that is, publication outside the SR Series) of a deemed regulation should state the reasons for separate publication in the explanatory note:
  6. Any provision for the separate publication of a deemed regulation should specify—
    1. that notice must be given in the Gazette and any other publication relevant to the individuals or organisations affected:
    2. that the deemed regulations are available for inspection free of charge and for purchase at a reasonable price (wherever possible):
    3. that notice is given of the places where the deemed regulations can be inspected or purchased.
Compliance of existing and future legislation with Committee's publication principles:
Recommendation 5 of Regulations Review Committee

40.   The Regulations Review Committee recommends (recommendation 5) that existing Acts which empower the making of instruments deemed to be regulations for the purpose of the Regulations (Disallowance) Act 1989 but not for the purposes of the Acts and Regulations Publication Act 1989 be amended to comply with standard printing and publication requirements, consistent with the principles in the Committee's report.

Response

41.   The following statutes appear to raise issues as to whether they comply with the Committee's principles governing publication, as stated in paragraph 39.

Financial Reporting Act 1993

42.   Under this Act, the Accounting Standards Review Board approves financial reporting standards that govern the compilation of financial statements of commercial entities. Financial reporting standards may be seen as falling into a grey area. They are primarily meant for accountants, but may be of real interest to, and impose obligations on, non-accountants. Thus a director of a reporting entity is liable to a maximum fine of $100,000 if the entity's financial statements fail to comply with a financial reporting standard approved by the Board (section 36(2)).

43.   The approval of a financial reporting standard must be notified in the Gazette. However, that notice need not incorporate the approved standard in the notice (section 29). Approved standards are published neither in the Gazette nor in the SR Series.

44.   Other statutes that permit deemed regulations to be published outside the SR Series and the Gazette set out the availability requirement specified in paragraph 39(f), namely that the regulations must be available for inspection free of charge, and for purchase at a reasonable price, at a notified place. The Financial Reporting Act 1993 does not contain that requirement for financial reporting standards.

45.   The Crown does not hold the copyright in financial reporting standards. This is because the Accounting Standards Review Board, which has the important task of reviewing and, if it sees fit, approving standards, does not itself write the standards. That is done by the organisations that submit standards to the Board for approval. In practice, this is the Institute of Chartered Accountants, which relies on the sale of the standards to fund the costs of developing standards.

46.   Copyright issues of some complexity are thus raised by any proposal to amend the Financial Reporting Act 1993 to require the publication of financial reporting standards in the SR Series or to require standards to be available for inspection free of charge or for purchase at a reasonable price. The Ministry of Economic Development will consider, in consultation with the Accounting Standards Review Board and the Institute of Chartered Accountants, the desirability and feasibility of applying the principles concerning publication (set out in paragraph 39) to approved financial reporting standards in light of the issues raised by the copyright in financial reporting standards.

Food Act 1981

47.   Food standards issued under this Act do not have to be published in the SR Series. The standards are notified, but not published, in the Gazette. The Food Act 1981 complies with the availability requirements specified in paragraph 39(f). Even though food standards give effect to an agreement with Australia, publication of the standards (other than emergency standards) outside the SR Series do not appear to be justified by the criteria (specified in paragraph 39(c)) for separate publication.

48.   Food standards affect a wide range of persons, industry participants as well as consumers. They are not therefore regulations containing technical matters relevant to a particular group. The Government accordingly considers that food standards (other than emergency food standards) issued under the Food Act 1981 should be made subject to the Acts and Regulations Publication Act 1989. The Government notes that, because of the size of the Food Standards Code developed under the joint standard-making arrangements between New Zealand and Australia, it will continue to be necessary for applicable parts of that Code to be incorporated by reference in New Zealand food standards, as authorised by section 11F of the Food Act 1981. However, publication in the SR Series will make it easier to determine which parts of the Code apply to New Zealand, and will also provide access to the text of those standards that are made in New Zealand.

Health occupational statutes

49.   Fourteen authorities regulating the activities of occupations working in health-related areas are empowered to set fees for their members, and to impose levies on their members to fund disciplinary actions. The Medical Council was given those powers by the Medical Practitioners Act 1995. In 1999, 13 other authorities were given the same powers. This was done in the context of a reform measure that gave those authorities independence from government and flexibility in the conduct of their affairs. Authorities can now set fees and levies for their members by notice in the Gazette. These notices are subject to the Regulations (Disallowance) Act 1989, but not to the Acts and Regulations Publication Act 1989. Separate publication was seen as consistent with the objective of enabling authorities to operate independently and flexibly.

50.   Although the subject matter of the notices is not technical and therefore outside the criterion specified in paragraph 39(c), the Government does not think that the reforms of 1999 should be reversed. This is because the members of the various occupations are not disadvantaged by the current position. Through their transactions with their authorities, members are bound to be made aware of the applicable fees and levies. There is thus no accessibility problem. Given that the current position does no harm and that any move to reverse it would be perceived as detracting from the recently granted autonomy, the Government considers that legislation requiring publication of notices in the SR Series would have more disadvantages than advantages.

Legal Services Act 1991

51.   Under the Legal Services Act 1991, the Legal Services Board is empowered to issue instructions. Instructions must be notified, but are not published, in the Gazette. The Board publishes these instructions separately. Instructions are issued to District Legal Services Committees, District Subcommittees, and Court Registrars concerning the general administration of the criminal legal aid scheme, the civil legal aid scheme, and various other legal assistance schemes. On 1 February 2001 the Legal Services Act 1991 will be replaced by the Legal Services Act 2000, which does not contain empowering provisions for the issue of instructions or other forms of deemed regulations.

Penal Institutions Act 1954

52.   Under the Penal Institutions Act 1954, the chief executive of the Department of Corrections may make operational standards. Standards must be notified, but are not published, in the Gazette. Standards have been published separately by the Department of Corrections. It is not clear whether the criteria for separate publication apply to operational standards. However, this question is now merely theoretical as a decision has been taken to abolish operational standards. The substance of most operational standards has been incorporated into the Penal Institutions Regulations 2000 (SR 2000/81), and 13 operational standards have been consequentially revoked. This leaves 2 operational standards in existence because they are required by the Penal Institutions Act 1954. It is proposed to amend the Act to repeal the provisions requiring the continuation of those operational standards, and also to repeal the empowering provisions for operational standards.

Privacy Act 1993

53.   Under the Privacy Act 1993, the Privacy Commissioner may issue codes of practice. Codes of practice can modify the information privacy principles or public register privacy principles provided by the Privacy Act 1993. The information privacy principles govern such matters as the collection, use, and disclosure by agencies of personal information. They also confer rights on individuals to access information about themselves, and, where appropriate, to have that information corrected. Public register privacy principles govern such matters as the availability of personal information stored in public registers, and preclude the re-sorting, or electronic transmission, of personal information of that kind for commercial purposes. Significantly for present purposes, codes of practice may prescribe standards that are more stringent or less stringent than the standards that are prescribed by an information privacy principle.

54.   The issue of a code of practice must be notified, but not published, in the Gazette. Codes are not subject to the Acts and Regulations Publication Act 1989, and are accordingly not published in the SR Series. However, the Privacy Act 1993 complies with the availability requirements specified in paragraph 39(f).

55.   It would appear that the publication of information privacy codes outside the SR Series (other than the temporary issue of urgent codes under section 52 of the Privacy Act 1993) will not generally be justified by any of the criteria (specified in paragraph 39(c)) for separate publication. Generally, the relevance of information privacy codes is not confined to particular groups, but may affect any individual about whom an agency that is subject to the code holds information.

56.   It is possible that there are special features about information privacy that render a departure from the principles necessary or desirable. The Privacy Commissioner has published a review of the Privacy Act 1993. The Government intends to address the desirability of publishing information privacy codes in the SR Series in the course of its consideration of that review.

Transport legislation (Civil Aviation Act 1990, Maritime Transport Act 1994, Land Transport Act 1998)

57.   Under these 3 Acts, rules are not required to be published in the SR Series. The Acts comply with the availability requirements specified in paragraph 39(f).

58.   The Government considers that publication outside the SR Series of rules made under the Civil Aviation Act 1990 and the Maritime Transport Act 1994 is justified by the criteria (specified in paragraph 39(c)) for separate publication. Those rules are addressed to identifiable groups, their subject matter is predominantly technical, and their content and form are largely determined under international obligations.

59.   The issue in relation to rules made under the Land Transport Act 1998 is more complex. Many of these rules cover technical matters relevant to a particular group. The rules affect defined groups in the motor vehicle and transport industries. They are technical in character, and much of their content is determined by international standards. There will be a smaller number of rules which will impose obligations that are of general application or interest to the public. The one rule made so far that has these predominant characteristics is the Land Transport (Driver Licensing) Rule 1999. That rule, which is of general application, was published in the SR Series under section 14 of the Acts and Regulations Publication Act 1989.

60.   The Ministry of Transport prepares an annual rules programme and as part of that programme discusses with the Parliamentary Counsel Office any proposed transport rules, and the extent to which they affect the public generally. Those which affect the public generally will be published in the SR Series. In the context of the land transport rules, which span provisions of very narrow application to ones that concern most members of the public, that arrangement appears to be an effective way of ensuring compliance with the Committee's publication principles.

61.   The Government accordingly agrees,—

  1. in respect of approved financial reporting standards under the Financial Reporting Act 1993, that the Ministry of Economic Development consult with the Accounting Standards Review Board and the Institute of Chartered Accountants on the desirability and feasibility of applying the principles governing publication (set out in paragraph 39) to such standards, having regard to the copyright held in such standards:
  2. in respect of food standards (other than emergency food standards) under the Food Act 1981, that such standards be made subject to the Acts and Regulations Publication Act 1989:
  3. in respect of codes of practice under the Privacy Act 1993, that the desirability and feasibility of publishing such codes in the SR Series be addressed in the course of the Government's consideration of the Privacy Commissioner's review of the Privacy Act 1993.
Standard printing and publication requirements:
Recommendation 6 of Regulations Review Committee

62.   The Committee recommends (recommendation 6) that all new bills for introduction which empower the making of deemed regulations include standard printing and publication requirements, consistent with the principles in the report.

Response

63.   The Government agrees that all Bills that provide for the making of deemed regulations should comply with the principles (set out in paragraph 39) concerning the publication of deemed regulations.

Recommendations regarding availability of deemed regulations:
Recommendations 7 to 9 of Regulations Review Committee

64.   The Committee recommends—

  1. (recommendation 7) that the Government consider how public accessibility to deemed regulations can be enhanced, including an investigation of making them available for purchase and inspection from an identified source or requiring deemed regulations to be deposited with the National Library, or through public libraries:
  2. (recommendation 8) that the Government address the limited public availability of deemed regulations and consider improving access by publishing a central list of deemed regulations on the Internet:
  3. (recommendation 9) that the Tables of Acts and Ordinances and Statutory Regulations in Force list all deemed regulations not published in the Statutory Regulations series.

65.   The working party has compiled a list of deemed regulations that are not published in the SR Series. The list also provides advice on the availability of the regulations. The Parliamentary Counsel Office intends to publish the Tables of New Zealand Acts and Ordinances and Statutory Regulations in Force (in a condensed form) as well as the list of deemed regulations on the Internet. A copy of the list of deemed regulations, in the form in which it is intended to be published, is set out in Appendix B of this response.

66.   To be useful, a central list of instruments currently in force must be kept up to date. The Parliamentary Counsel Office has agreed to make all necessary amendments to the list in accordance with advice from authorities responsible for making deemed regulations. The continuing accuracy of the list will very much depend on the quality of the information that the Parliamentary Counsel Office receives on additions to, and deletions from, the body of deemed regulations. The Government will accordingly request each regulatory authority to give to the Parliamentary Counsel Office without delay particulars of each deemed regulation that the authority makes or revokes.

67.   The recommendation of the Regulations Review Committee that the annual Tables of New Zealand Acts and Ordinances and Statutory Regulations in Force list all deemed regulations not published in the SR Series raises the difficulty that the titles of many deemed regulations, unlike traditional regulations, do not start with the first word of the title of the empowering Act. For example, civil aviation rules start with the part number. If these rules appeared in alphabetical order, they could well confuse users. To include deemed regulations in the Tables might therefore require a uniform convention for the titles of instruments. To this end, the Parliamentary Counsel Office will explore with authorities how greater consistency in the formulation of titles can be achieved, with a view to listing deemed regulations in the Tables in future.

68.   The Tables are published only once a year. Like most paper-based lists, they get out of date very quickly. This problem could be reduced by including in each edition of the Tables a note referring to the availability on the Internet of up-to-date lists of statutes, regulations, and deemed regulations.

69.   The Government considers that the publication of the list of deemed regulations (set out in Appendix B) will go some way towards addressing the concern about the accessibility of deemed regulations. As the list shows, several regulatory authorities already publish their regulations on the Internet. Other authorities will shortly be publishing their regulations in this way. In the event that the electronic publication of all government law becomes technically feasible, it would be expected that all regulations and deemed regulations will be published in that way.

Recommendations concerning processes for making deemed regulations: Recommendations 10 and 11 of Regulations Review Committee

Drafting guidelines and criteria

70.   The Regulations Review Committee recommends (recommendation 10) that the Government ask the Chief Parliamentary Counsel to develop detailed drafting guidelines for deemed regulations in consultation with relevant government departments, regulation-making authorities, and the Regulations Review Committee.

Response

71.   The Parliamentary Counsel Office Drafting Manual provides guidance on the drafting of Bills and traditional regulations. One of the chapters of the Manual deals with matters of drafting style, including such matters as drafting in plain language and gender-neutral expression. The Government considers that the chapter is likely to be of interest to authorities responsible for drafting deemed regulations. The Chief Parliamentary Counsel has indicated that the chapter can be made available to regulatory authorities. Authorities could adapt the chapter to their needs. The Government notes that the Drafting Manual is flexible, and represents guidelines rather than rules that have to be followed slavishly.

72.   The Regulations Review Committee recommends (recommendation 11) that the Government ensure that the criteria for good drafting practice identified in the report are applied to all deemed regulations.

Response

73.   The criteria referred to are drafting criteria that the Chief Parliamentary Counsel presented in his submission to the Committee. These criteria, which are set out in Appendix D of the Committee's report, represent basic drafting standards that all legislative instruments should seek to meet. The criteria could be made available to regulatory authorities together with the chapter on drafting style from the Parliamentary Counsel Office Drafting Manual. The drafting criteria will also be relevant to government departments with drafting responsibilities of various kinds. Because of this, it would be helpful to include them in the Legislation Advisory Committee's Guidelines on Legislative Change. The Government will accordingly request the Legislation Advisory Committee to consider the desirability of including the drafting criteria in the revised Guidelines.

Recommendation on consultation:
Recommendation 12 of Regulations Review Committee

74.   The Regulations Review Committee recommends (recommendation 12) that the following principles for effective consultation apply to all deemed regulations:

  • Whether consultation is appropriate depends on the type of instrument, the effect it will have, and the persons who will be affected by it.
  • If the instrument deals with technical or industry specific matters, a requirement to consult with industry participants or groups is desirable. If it imposes fees, levies, or charges, consultation with affected parties would normally be expected.
  • If the range of persons likely to be affected or on which obligations will be imposed is narrow, consultation with those likely to be affected is also desirable.
  • If the regulation or instrument is likely to affect only a specific class of persons or organisations, consultation with that class or a representative organisation may be all that is necessary. For example, section 52(1)(a) of the Rating Valuations Act 1998 provides for regulations relating to fees and charges. Regulations cannot be made unless the responsible Minister has consulted the New Zealand Local Government Association.
  • If the regulation or instrument will apply to the public in general or to a wide section of the public, notice inviting public submissions may be more appropriate than formal consultation with selected interest groups.
  • In some cases, a combination of public notice and a formal consultation requirement may be appropriate.
  • If there is to be a formal consultation requirement, the Act should also afford those consulted a reasonable time to make submissions and require the person recommending the making of the regulation or making the instrument to have regard to any submissions.
  • If there is to be a requirement for notice, the Act should afford persons wishing to make submissions a reasonable time to do so and require the person recommending the making of the regulations or making the instrument to have regard to any submissions.
  • Where an instrument needs to be made in an emergency or urgently and both public notice and consultation would ordinarily be required, either public notice or both public notice and consultation may be unnecessary. If only consultation would ordinarily be required, consultation may be dispensed with or retained in some limited form.
  • Where there is a requirement to consult with a potentially wide class, an instrument should not be treated as invalid because of a failure to consult with all the persons who make up that class. In such cases, it may be appropriate to include in an Act a provision stating that a failure to consult does not affect the validity of the instrument.
Response

75.   The Government agrees with these principles, which were identified in the Chief Parliamentary Counsel's submission to the Committee. Because deemed regulations are not submitted to Cabinet, proper consultation procedures provide safeguards that are relevant to the "democracy concern" and also to the "quality concern". However, the principles stated by the Committee are not confined to deemed regulations. They apply to delegated legislation generally. The persons that the Committee's principles are addressed to are those concerned with the preparation of Bills empowering delegated legislation. Because of this, a statement of the proper consultation requirements for delegated legislation would be best placed in the Legislation Advisory Committee's Guidelines on Legislative Change.

76.   Currently, the Guidelines have only a brief reference to the desirability of consultation requirements in empowering provisions,2 which is based on a passage in a 1986 report of the Regulations Review Committee.3 However, since 1986 the importance of consultation in decision-making of all kinds has increased, and the principles governing consultation provisions in Bills is of direct interest to every participant in the legislative process.

77.   It would be undesirable to have a proliferation of guidelines on a matter as important as the consultation principles governing empowering provisions, or to suggest that a distinct set of principles was called for in the case of deemed regulations. Because of this, the Government considers that the principles would be best placed in the Legislation Advisory Committee's Guidelines.

Extended consultation process for land transport rules:
Recommendation 13 of Regulations Review Committee

78.   The Regulations Review Committee recommends (recommendation 13) that the Government consider the following proposal for extending the consultation process for land transport rules:

  • When a registered interest group makes submissions on the initial draft of a rule, the group may also declare its intention to review the final white draft of the rule before it is presented to the Minister of Transport. In the Land Transport Safety Authority rule-making process, this could occur at the red or yellow phase.
  • The process will then continue as usual until the white draft of the rule is produced.
  • Any party who expressed an intention to review the white draft will be given the opportunity to do so at this point. It may be that wider public consultation is recommended by a registered interest group, and this will occur at this point also.
  • If necessary, the rule will be referred to the Transport and Environment Committee for scrutiny.
  • A new white draft will then be prepared, taking into account comments from registered interest groups, and further public consultation, and the outcome of any review by the Transport and Environment Committee.
  • The rule will be reviewed by the Ministry of Transport and given to the Minister of Transport for signature. The rule then becomes law.
Response

79.   Under the Land Transport Act 1998, any proposed rule must be advertised and statutory consultation undertaken on the proposal. Consultation on the rule is usually undertaken by the Land Transport Safety Authority under delegated power from the Minister of Transport.

80.   Consultation can be complex and difficult, as often there are competing demands that have to be reconciled. Not all participants in the consultation will feel satisfied with the outcome but all should feel satisfied that they have been listened to and their views taken into account.

81.   The legislation (section 161(2) Land Transport Act 1998) envisages differing amounts of consultation for different proposed rules. That judgment as to the appropriate amount must be exercised in every case by the Minister of Transport and the Minister's delegate.

82.   In 1997, as a result of feedback from those involved in consultation, the Land Transport Safety Authority decided to insert an additional discretionary stage into the preparation of rules. An optional post-consultation draft rule is prepared when consultation has resulted in significant changes to the advertised rule or when significant time has elapsed since its publication. After this document has been circulated to interested parties, any comments are once again taken into account before preparing the "white draft" as the Authority's final advice on the rule. The preparation of the post-consultation revised draft should meet the concerns raised with the Regulations Review Committee in that consultees will be able to ascertain prior to the Minister receiving advice whether their views have been adopted. It will, however, be clear that there may be some differences between the revised draft and the final white draft because otherwise circulating the revised draft would be of little practical significance. It would not be feasible to continue circulating drafts on an indefinite basis.

83.   The Minister of Transport has asked the Land Transport Safety Authority and the Ministry of Transport to work on making the advertised consultation as effective as possible. In this regard the Minister also expects the white draft presented to the Minister to contain a report on the consultation, including a discussion of the key issues and the extent to which the Authority is recommending that the views of consultees be adopted.

84.   Notwithstanding the above, there is a stage in the process when the Minister needs to be able to consider the rule and the possible competing issues raised by a rule. This stage takes place when the Minister receives the white draft. Under the revised rule-making process, the Minister will also seek the advice of Cabinet on those issues. Even after consultation is complete, the Minister is not obliged to agree to a draft rule. The Minister may refer it back for further work or further consultation. The Minister may decide to reject it in whole or in part.

85.   The consultation proposal also envisaged a referral to a transport select committee. When Parliament delegates a legislative power to a delegate, it determines that it can leave the matter to the delegate. Other than in the case of the Regulations Review Committee, which has a special mandate, it is not desirable to refer draft rules to a parliamentary select committee. This approach could lead to a confusion of responsibilities between the delegate and the committee.

86.   The statutory consultation procedures required for transport rules are superior to those mandated for most forms of delegated legislation. Over time, additional refinements have been added. The preparation of the discretionary additional "post-consultation draft", together with Cabinet's involvement in confirming the content of all transport rules, should ensure good consultation.

Negotiated rule-making:
Recommendation 14 of Regulations Review Committee

87.   The Regulations Review Committee recommends (recommendation 14) that the Government investigate opportunities for adopting a negotiated rule-making process.

Response

88.   Negotiated rule-making is a formal procedure used in the United States. The conditions for the use by United States federal agencies of the negotiated rule-making procedure are set out in section 563 of volume 5 of the United States Code, which provides in part as follows:

  1. Determination of Need by the Agency—An agency may establish a negotiated rulemaking committee to negotiate and develop a proposed rule, if the head of the agency determines that the use of the negotiated rulemaking procedure is in the public interest.
    In making such a determination, the head of the agency shall consider whether—
    1. there is a need for a rule;
    2. there are a limited number of identifiable interests that will be significantly affected by the rule;
    3. there is a reasonable likelihood that a committee can be convened with a balanced representation of persons who—
      1. can adequately represent the interests identified under paragraph (2); and
      2. are willing to negotiate in good faith to reach a consensus on the proposed rule;
    4. there is a reasonable likelihood that a committee will reach a consensus on the proposed rule within a fixed period of time;
    5. the negotiated rulemaking procedure will not unreasonably delay the notice of proposed rulemaking and the issuance of the final rule;
    6. the agency has adequate resources and is willing to commit such resources, including technical assistance, to the committee; and
    7. the agency, to the maximum extent possible consistent with the legal obligations of the agency, will use the consensus of the committee with respect to the proposed rule as the basis for the rule proposed by the agency for notice and comment.

89.   The objectives of negotiated rule-making are to reduce the time taken in formulating rules and to reduce court actions challenging the validity of rules. The problems that the American procedure is designed to address, delay in rule-making and litigation about rules, are not significant problems in New Zealand. The American provisions could only be adopted if it could be shown that this would lead to clear benefits in the New Zealand context.

90.   There is nothing to stop regulatory authorities, in appropriate cases, from attempting to reach a consensus in the course of consultation with interest groups. But providing a formal statutory process for the attainment of consensus may send wrong signals to regulatory authorities. It may result in regulatory authorities giving undue weight to the attainment of consensus, to the detriment of the public interest. This has been identified as a risk by academic and judicial commentators in America. In the New Zealand context, there are no particular advantages to be gained from legislation that provides for the method of negotiated rule-making. Accordingly, the Government does not consider that negotiated rule-making should be generally adopted in New Zealand legislation.

Incorporation by reference:
Recommendation 15 of Regulations Review Committee

91.   The Regulations Review Committee recommends (recommendation 15) the adoption of principles to provide guidance on when regulations may apply provisions contained in other documents simply by referring to the provisions, rather than by setting the provisions out in full. Those principles are—
[15.1] The power to incorporate material by reference should be expressly authorised in the empowering statute. While the absence of an explicit power to incorporate material does not necessarily affect the validity of the deemed regulation, it does raise questions about the status of the incorporated material and whether it forms part of the regulation.
[15.2] The power to incorporate material should be exercised in limited cases where the document is appropriate for that purpose. The material and any amendments to it must be reviewed by the lawmaker to ensure that it is appropriate for incorporation.
[15.3] The material should be technical in nature.
[15.4] The material should be expressed in terms that impose clear obligations.
[15.5] Material incorporated by reference should be available for inspection free of charge and for purchase at a reasonable price.
[15.6] There should be a clear statement endorsed on the face of the material itself that the material has been incorporated in regulations or rules made under an Act, that it has the force of law, and that amendments to it may also have the same status. This should be made the responsibility of the person required to make the material available.
[15.7] The material should be consistent with and not overlap the relevant Act, regulations, or rules.

Response

92.   These principles address the "access concern". Users of legislation should have access to all legislation, including material that is incorporated into legislative instruments by reference. They also address the "quality concern" by recognising that the practice imposes a cost on users and should therefore not be used unnecessarily or inappropriately.

93.   The Government notes that, like the principles governing consultation provisions, the topic of incorporation by reference is a generic matter. The technique of incorporation by reference is not confined to deemed regulations. It is also used in drafting traditional regulations (eg, in consumer information standards), as well as in primary legislation (eg, legislation implementing treaties). In view of this, it would be inappropriate for the Government to endorse principles that are expressed to be confined to deemed regulations. The Government considers that for this reason the relevant principles should be formulated on a general basis and should be addressed to all persons concerned with the preparation of legislation. The Government will request the Legislation Advisory Committee to develop principles on the appropriate use of incorporating material by reference in legislation.

94.   The Government notes that the principles on incorporation by reference proposed by the Committee would present certain practical problems. A major problem is that the copyright in the incorporated material is seldom held by the Crown. For example, land transport rules incorporate standards that are made overseas. Requiring a regulatory authority to sell overseas standards would raise copyright difficulties as the copyright continues to be held overseas. Some standards are also large, so that statutory requirements to stock them would impose considerable costs on authorities.

95.   The Government notes that, in terms of principle, it is undesirable that the accessibility of legislative instruments should be fettered by private property rights. However, economic realities make the adoption of overseas standards necessary. In the case of vehicles and other complex products manufactured overseas, there is probably no alternative as detailed standards cannot sensibly be developed in New Zealand. Even in the case of goods manufactured in New Zealand, it will often be necessary or desirable to adopt the standards that are in force in export markets. However, these economic realities are no excuse for ignoring accessibility problems. At the very least, a regulatory body should be required to tell those looking for incorporated material where the material can be found. Availability of incorporated material on the Internet is also likely to lessen accessibility problems.

96.   The Government will accordingly request the Legislation Advisory Committee to develop principles on the appropriate use of incorporating, in legislation, material by reference. While the consideration by the Legislation Advisory Committee will be confined to the level of principle, the Government considers that it would be helpful if, in formulating appropriate principles, the Legislation Advisory Committee took into account the problems referred to in paragraphs 94 and 95.

Advisory material:
Recommendation 16 of Regulations Review Committee

97.   The Regulations Review Committee recommends (recommendation 16) the adoption of the following principles on the use of advisory material and guidance notes:

  • Deemed regulations should be detailed and comprehensive so as to avoid the need for advisory or guidance material where possible.
  • Advisory material should explain how requirements imposed in regulations may be complied with but should not impose actual requirements.
  • Advisory material should not contain any provisions which are essential to the implementation of the deemed regulation.
  • Advisory material should not contain any provisions which if not complied with would be a breach of a regulation.
  • The advisory nature of the material should be made clear on the face of the document.
  • The purpose of the advisory material should also be stated in the material (for example, to inform, to assist with the interpretation of technical terms, to educate, or to provide examples, as the case may be).
Response

98.   These principles are relevant to the "access concern" because they address another potential problem that may prevent users from seeing all essential elements of a regulatory instrument in the instrument itself. They are also relevant to the "quality concern" as they provide guidance on what should be contained in the regulations, and what may be covered in explanatory material. The use of advisory material is particularly relevant to regulatory authorities that have the task of formulating and administering deemed regulations. It is one of the instruments available to authorities for furthering compliance. Advisory material must be used appropriately, and should not be used as a substitute for regulations. The Government endorses the principles proposed by the Committee.

CONCLUSION

99.   The Government is addressing concerns about deemed regulations. With respect to concerns about accessibility, a central list on the Internet will provide information about deemed regulations in force and where they can be obtained (increasingly also on the Internet). The Government has endorsed the Regulations Review Committee's principles on the publication of deemed regulations. Deemed regulations will be published in the SR Series unless there is good reason for separate publication. With respect to concerns about quality, regulatory authorities will receive materials on legislative drafting from the Parliamentary Counsel Office. The Government will request regulatory authorities to incorporate in their quality assurance systems the checks on compliance with basic public law requirements that are in place for traditional regulations.

1 The Regulations Review Committee identified the following 4 principles:

Principle 1: The importance of the delegated power

The application of this principle requires an assessment of the effect of the delegated legislation on the rights and interests of individuals. For example, criminal offences should not be created by deemed regulations.

Principle 2: The subject matter of the power

The application of this principle takes into account that certain subject matters may be more appropriately regulated by processes other than those that govern traditional regulations. For example, if the delegated legislation concerns relatively detailed, technical matters, not subject to criminal sanction, it may be appropriate for those matters to be regulated by a Minister or an agency.

Principle 3: The application of the power

The application of this principle takes into account that delegation of legislative power to persons or agencies other than the Governor-General in Council may be more appropriate if the legislative power will affect a narrowly defined or clearly identifiable group, rather than the public at large. If the group affected is small, it is possible to engage in meaningful consultation before the delegated legislation is made, and also to ensure that the legislation is available to members of that group. On the other hand, if the legislative power will impact on a wide section of the public, it should be the subject of traditional regulations.

Principle 4: The agency to whom the power is delegated

This principle calls for an assessment of the most appropriate legislator for the particular delegated legislation, whether it be the Governor-General in Council, an individual Minister, an officer, or an agency. The legislator must have qualified and competent personnel to draft the delegated legislation, and be able to demonstrate that it has developed and followed an appropriate process for making the legislation.

2Legislative Change: Guidelines on Process and Content. (1991) Revised edition, paragraph 119.

3Regulation Making Powers in Legislation (1986) AJHR I. 16A, paragraph 9.7. The Regulations Review Committee merely recommended the inclusion, as appropriate, of requirements as to notice and consultation in particular empowering provisions.

APPENDIX A

paragraph 5

LIST OF PROVISIONS EMPOWERING DEEMED REGULATIONS

Enactment under which instrument madeSectionNature of instrument and statusMaker of instrumentConditions for making instrumentAccess requirements
    (D=
Regulations (Disallowance) Act 1989 applies)
(P=
Acts and Regulations Publication Act 1989 applies)
  (Particularly consultation requirement or requirement to provide opportunity for submissions) (Requirement to publish text of instrument in Gazette or SR Series or requirement to only give notice in Gazette that instrument has been made? Obligation to make instrument available (ie, obligation to make instrument available by keeping free inspection copy and reasonably priced copies for purchase at notified place)?)
Airport Authorities Act 1966 (1966 No 51) s 9A(1)(h), (4)
  • Guidelines re financial disclosure
  • D but not P (s 9A(4))
Secretary for Transport
(Airport Authorities (Airport Companies Information Disclosure) Regulations 1999 (SR 1999/242, r 17))
  • Consultation in accordance with s 9A(3)
  • Consultation with Accounting Standards Review Board if application affects standards (r 17(4))
Publication in Gazette (r 17(3))
Animal Products Act 1999 (1999 No 93) s 4(1)
  • Notice in Gazette extending paragraph (d) of definition of “primary processor”
  • D and P (s 4(4))
Minister responsible for Act
  • Consultation in accordance with s 163
  • Publication
    in Gazette, SR Series1
s 41
  • Emergency control scheme
  • D but not P (s 41(10))
Minister responsible for Act
  • Reasonable consultation practicable in circumstances (s 41(6))
  • Either published or notified in Gazette
  • If only notified in Gazette, obligation to make instrument available
    (s 41(4))
Animal Welfare Act 1999 (1999 No 142) s 75(1)
  • Code of welfare
  • D but not P (s 79)
Minister responsible for Act on recommendation of animal welfare advisory committee
  • Notification of draft code
  • Opportunity for submissions
  • Consultation in accordance with s 72
Obligation to make instrument available (s 77)
Broadcasting Act 1989 (1989 No 25) s 30(1)
  • Rules for retention of programmes
  • D and P (deemed to be regulations under Regulations Act 1936) (30(5))
Broadcasting Standards Authority   Publication in SR Series
Chiropractors Act 1982 (1982 No 32) ss 41A, 41B
  • Notices in Gazette prescribing fees and imposing levies
  • D but not P (s 41C)
Chiropractic Board   Publication in Gazette
Civil Aviation Act 1990 (1990 No 98) ss 28 to 30
  • Rules (ordinary) governing aircraft, aerodromes, aeronautical products, and airspace
  • D but not P (s 28(7))
Minister of Transport
  • Notice of intention to make rule
  • Opportunity for submissions
  • Consultation in accordance with s 34(1)(c)
  • Obligation to make instrument available
    ( 34(2)) unless for reasons of security it is inappropriate, in which case appropriate persons must be notified
    (s 34(3))
s 31
  • Emergency rules to alleviate or minimise risk of death or injury, or damage to property
  • D but not P (s 31(4))
Director of Civil Aviation
  • Consultation in accordance with s 35(1)
  • Obligation to make instrument available
    (s 35(2))
    unless excluded by safety or security considerations
    (s 35(4))
Conservation Act 1987(1987 No 65) s 48A(2A)
  • Notice in Gazette providing for licences to fish sports fish
  • D (s 48(2B))2
Minister of Conservation   Publication in Gazette,
SR Series1
Customs and Excise Act 1996
(1996 No 27)
s 288(1)
  • Rules prescribing forms
  • D but not P (s 288(11))
Chief executive of Customs  
  • Some kinds of rules require publication in the Gazette (s 288(5)), others notification in the Gazette (s 288(6))
  • Obligation to make instrument available (ss 288(7), (8))
Dental Act 1988
(1988 No 150)
ss 79A, 79B
  • Notices in Gazette prescribing fees and imposing levies
  • D but not P (s 79C)
  • Dental Council
  • Dental Technicians Board
  Publication in Gazette
Dietitians Act 1950 (1950 No 44) ss 30A, 30B
  • Notices in Gazette prescribing fees and imposing levies
  • D but not P (s 30C)
Dietitians Board   Publication in Gazette
Education Act 1989 (1989 No 80) s 18AA(1)
  • Rules on suspension
  • P and D (s 18AA(4))
Secretary for Education
  • Notify intention to make rules
  • Opportunity for representations
  • Consultation in accordance with s 18A(2)(c)
SR Series
Financial Reporting Act 1993 (1993 No 106) s 27
  • Determination on financial reporting standards
  • D but not P (s 33)
Accounting Standards Review Board Board to be satisfied that organisation submitting standard took reasonable steps to consult with affected persons
(s 26)
Notification in Gazette (s 29)
Fisheries Act 1996 (1996 No 88) s 11(4)(b)(i)
  • Notice in Gazette setting or varying catch limits for stock not in quota management system
  • D but not P (s 303(2), (3))
Minister responsible for Act Minister to consult in accordance with s 12 Publication in Gazette
s 14(1), (3), (6)
  • Notice in Gazette setting or varying alternative total allowable catch for stock specified in Third Schedule
  • P (s301(1))3
Minister responsible for Act Minister to consult in accordance with s 12 Publication in Gazette,
SR Series1
s 14B(1), (6)
  • Notice in Gazette setting or varying alternative total allowable catch for stock specified under s 14A
  • P (s301(1))3
Minister responsible for Act Minister to consult in accordance with s 12 before acting under s 14B(1) Publication in Gazette,
SR Series1
s 15(5)
  • Notice in Gazette prohibiting fishing or fishing method
  • P (s301(1))3
Minister responsible for Act Minister to consult in accordance with s 12 Publication in Gazette,
SR Series1
s 33(b)
  • Notice in Gazette setting qualifying years for certain persons eligible to receive provisional catch history
  • P (s301(1))3
Minister responsible for Act   Publication in Gazette,
SR Series1
s 178(2)
  • Notice in Gazette of proposal for taipure-local fishery
  • P (s301(1))3
Chief executive of Ministry of Fisheries Minister responsible for Act to consult with Minister of Maori Affairs Publication in Gazette,
SR Series1
s 186A(1)
  • Notice in Gazette of closure of fisheries waters or temporary restriction
  • P (s 301(1))3
Minister responsible for Act
  • Consultation with interest groups
  • Input into decision-making by tangata whenua
Publication in Gazette,
SR Series1
s 186B(1)
  • Notice in Gazette of temporary closure or restriction in respect of South Island fisheries waters
  • P (s 301(1))3
Chief executive of Ministry of Fisheries
  • Consultation with interest groups
  • Input into decision-making by tangata whenua
Publication in Gazette,
SR Series1
s 295(1)
  • Notice in Gazette of appointments of persons and places, and arrangements for the performance of the chief executive’s functions by other persons
  • P (s 301(1))3
Chief executive of Ministry of Fisheries   Publication in Gazette,
SR Series1
s 296P(3)(b)
  • Notice in Gazette of standards and specifications for approved service delivery organisations
  • P (s 301(1))3
Minister responsible for Act Consultation with Minister for Environment and approved service delivery organisations Publication in Gazette,
SR Series1
s 296Q(3)(b)
  • Notice in Gazette of directions to approved service delivery organisations
  • P (s 301(1))3
Minister responsible for Act   Publication in Gazette,
SR Series1
s 312(3)
  • Notice in Gazette specifying or varying southern scallop season
  • P (s 301(1))3
Minister responsible for Act   Publication in Gazette,
SR Series1
s 313(1)
  • Notice in Gazette closing southern scallop fishing to commercial fishing
  • P (s 301(1))3
Chief executive of Ministry of Fisheries   Publication in Gazette,
SR Series1
s 368A(5)
  • Notice in Gazette specifying, extending, or shortening Foveaux Strait dredge oyster season
  • P (s 301(1))3
Minister responsible for Act   Publication in Gazette
SR Series1
Food Act 1981(1981 No 45) s 11C
  • Food standards
  • D but not P (s 11I)
Minister of Health
  • Minister must be satisfied that appropriate consultation has been carried out
  • Notice of intention to issue the food standard
  • Opportunity for submissions
  • Adequate consideration of any such submissions (s 11E(2))
  • Notification in Gazette
  • Obligation to make instrument available (s 11G)
Gaming and Lotteries Act 1977 (1977 No 84) s 90
  • Lotteries rules
  • P and D (deemed to be regulations under Regulations Act 1936) (s 90(3))
Lotteries Commission with approval of Minister  
  • Notification in Gazette
  • Publication in SR Series1
Hospitals Act 1957 (1957 No 40) s 136A
  • Notice in Gazette on eligibility criteria for exempting hospitals from regulations
  • P and D
Minister of Health   Publication in Gazette,
SR series1
Immigration Act 1987 (1987 No 74) s 14E(2B)
  • Directions classifying persons requiring transit visas
  • D but not P (expires within 3 months)
Minister of Immigration   Publication in Gazette
Institute of Chartered Accountants of New Zealand Act 1996 (1996 No 39) s 8
  • Certain rules and code of ethics
  • D but not P
Institute   Registered with Registrar of Companies (s 6)
Land Transport Act 1998 (1998 No 110) s 2(1)
  • Notices by Ministers relating to definitions in s 2(1)
  • P (s 2(2))3
Various Ministers   Publication in Gazette,
SR Series1
ss 152 to 159
  • Ordinary rules
  • D but not P (s 160(6))
Minister of Transport
  • Notice of intention to make a rule
  • Opportunity for submissions
  • Consultation in accordance with s 161(2)
  • Notification in Gazette
  • Obligation to make instrument available (s 160(3))
162(1)
  • Emergency rules
  • D but not P (s 162(4))
Director of Land Transport Safety
  • Consultation in accordance with s 163(1)
  • Notification in Gazette
  • Obligation to make instrument available (s 163(2)) unless not practicable or inappropriate (s 163(4))
Legal Services Act 1991 (1991 No 71) ss 96, 97
  • Instructions (including guidelines on fees)
  • D but not P (s 97A)
Legal Services Board  
  • Notification in Gazette
  • Obligation to make instrument available (s 97B)
s 158
  • Instructions on duty solicitor scheme
  • D but not P (s 158A)
Legal Services Board On certain matters prior consultation with NZ Law Society (s 158(1)(a))
  • Notification in Gazette
  • Obligation to make instrument available (s 158B)
s 185I
  • Instructions on police detention legal assistance scheme
  • D but not P (s 158L)
Legal Services Board On certain matters prior consultation with NZ Law Society (s 158I(1)(a))
  • Notification in Gazette
  • Obligation to make instrument available (s 158M)
Maori Land Amendment and Maori Land Claims Adjustment Act 1926 (1926 No 64) s 14 (11)
  • Notices governing fishing licences and fees
  • D (s 14(12))
Minister of Conservation Consultation with Tuwharetoa Trust Board Publication in Gazette,
SR Series1
Maritime Transport Act 1994 (1994 No 104) ss 34, 36
  • Ordinary rules
  • D but not P (s451(6))
Minister of Transport
  • Notice of intention to make rules
  • Opportunity for submissions
  • Consultation in accordance with s 446
  • Notification in Gazette
  • Obligation to make instrument available (s 448(2))
ss 37, 391
  • Emergency maritime rules (s 37) and emergency marine protection rules (s 391)
  • D but not P (s 451(6))
Director of Maritime Safety Consultation in accordance with s 447
  • Notification in Gazette
  • Obligation to make instrument available (s 448(2)) unless not practicable (s 449)
Medical Auxiliaries Act 1966 (1966 No 42) ss 36A, 36B
  • Notices setting fees and imposing levies
  • D but not P (s 36C)
Boards under Act   Publication in Gazette
Medical Practitioners Act 1995 (1995 No 95 s 68
  • Declaration as to quality assurance activity
  • D and P (s 74)
    Publication in SR Series
s 125(1)
  • Election rules
  • D but not P (s 125(4))
Medical Council   Publication in Gazette
ss 126, 127
  • Notices setting fees and imposing levies
  • D but not P (s 128)
Medical Council   Publication in Gazette
Medicines Act 1981 (1981 No 118) s 2(1)
  • Notices in the Gazette designating analysts or approving laboratories
  • D but not P (s 2(3))
Minister of Health   Publication in Gazette
Misuse of Drugs Act 1975 (1975 No 116) s 5A(1)
  • Notice approving laboratories
  • D and P (s 5A(3))
Minister of Health   Publication in Gazette,
SR Series1
s 22(1A)
  • Notice prohibiting import of utensils related to controlled drugs
  • D but not P (s 22(6))
Minister of Health   Publication in Gazette
s 31(1)
  • Notice in Gazette designating analyst in charge of approved laboratory
  • D (s 31(6))2
Minister of Health   Publication in Gazette,
SR Series1
Nurses Act 1977
(1977 No 53)
ss 14A, 14B
  • Notices in Gazette setting fees and imposing levies
  • D but not P (s 14C)
Nursing Council   Publication in Gazette
Occupational Therapy Act 1949
(1949 No 9)
ss 30A, 30B
  • Notices in Gazette setting fees and imposing levies
  • D but not P (s 30C)
Occupational Therapy Board   Publication in Gazette
Optometrists and Dispensing Opticians Act 1976 (1976 No 61) ss 13A, 13B
  • Notices in Gazette setting fees and imposing levies
  • D but not P (s 30C)
Opticians Board   Publication in Gazette
Penal Institutions Act 1954
(1954 No 51)
s 10A
  • Operational standards
  • D but not P (s 10A(4))
Chief executive of Department of Corrections  
  • Notification in Gazette
  • Obligation to make instrument available (s 10B)
s 36ZG
  • Operational standards
  • D but not P (s 36ZG(4))
Chief executive of Department of Corrections  
  • Notification in Gazette
  • Obligation to make instrument available (s 36ZH)
Pharmacy Act 1970 (1970 No 143) ss 56A, 56B
  • Notices in Gazette setting fees and imposing levies
  • D but not P (s 56C)
Council of the Pharmaceutical Society   Publication in Gazette
Physiotherapy Act 1949 (1949 No 8) ss 29A, 29B
  • Notices in Gazette setting fees and imposing levies
  • D but not P (s 29C)
Physiotherapy Board   Publication in Gazette
Plumbers, Gasfitters, and Drainlayers Act 1976 (1976 No 69) ss 14A, 14B
  • Notices in Gazette setting fees and imposing levies
  • D but not P (s 14C)
Plumbers, Gasfitters, and Drainlayers Board   Publication in Gazette
Privacy Act 1993
(1993 No 28)
s 46
  • Code of practice
  • D but not P (s 50)
Commissioner
  • Notice of intention to issue code
  • Opportunity for submissions
  • Commissioner to advise those affected by draft code (s 49) except for temporary codes in cases of urgency (s 52)
  • Issue of code to be notified in Gazette
  • Obligation to make instrument available (s 49)
Psychologists Act 1981 (1981 No 5) ss 41A, 41B
  • Notices in Gazette setting fees and imposing levies
  • D but not P (s 41C)
Psychologists
Board
  Publication in Gazette
Rating Valuations Act 1998 (1998 No 69) s 5
  • Rules concerning rating valuations
  • D but not P (s 5(6))
Valuer-General
  • Notice of intention to make rules
  • Opportunity for submissions
  • Valuer-General to consult in accordance with s 5(3)
  • Notification in Gazette (s 5(4))
  • Obligation to make instrument available (s 5(5))
Wildlife Act 1953
(1953 No 31)
s 72(3A)
  • Notice in Gazette concerning hunting licences
  • D (s 72(3B))2
Minister of Conservation   Publication in Gazette
SR Series1

1 Section 13 of the Acts and Regulations Publication Act 1989 provides that a requirement under an Act to publish or notify regulations in the Gazette is sufficiently complied with by a notice in the Gazette under section 12 of that Act in respect of those regulations.

2 Although the provision provides that the instrument is to be a regulation for the purposes of the Regulations (Disallowance) Act 1989 only, the Acts and Regulations Publication Act 1989 may also apply to the instrument. This is because an instrument that is a regulation for the purposes of the Regulations (Disallowance) Act 1989 comes within the definition of "regulation" in that Act. The Acts and Regulations Publication Act 1989 defines regulations as regulations within the meaning the Regulations (Disallowance) Act 1989. Thus, an instrument that is to be treated as a regulation for the purposes of the Disallowance Act is also a regulation within the meaning of the Publication Act unless it is possible to interpret the authorising Act as impliedly excluding the Publication Act.

3 The provision provides that the instrument is to be a regulation for the purposes of the Acts and Regulations Publication Act 1989 only. However, the Regulations (Disallowance) Act 1989 also covers instruments that are required to be treated as regulations for the purposes of the Acts and Regulations Publication Act 1989 (see paragraph (e) of the definition of "regulations" in section 2 of the Regulations (Disallowance) Act 1989 as substituted by the Interpretation Act 1999).

APPENDIX B

paragraphs 65, 69

DRAFT

LIST OF DEEMED REGULATIONS IN FORCE ON 30 JUNE 2000 AND NOT PUBLISHED IN THE STATUTORY REGULATIONS SERIES

Unlike traditional regulations, "deemed regulations" are not made by the Executive Council on the recommendation of Cabinet. Deemed regulations are made by Ministers, officials, or organisations. Some deemed regulations are not published in the Statutory Regulations series. Set out below is a list of rules, codes, and other legislative instruments that (while deemed to be regulations) are not published in the Statutory Regulations series. The list is compiled in reliance on information received from departments and organisations. Because of this, the Parliamentary Counsel Office cannot assume responsibility for the accuracy or completeness of the list. It is nevertheless hoped that the list will provide a useful starting point.

Animal Welfare Act 1999: Codes

Copies of these codes are available from the Head Office of the Ministry of Agriculture and Forestry, 101–103 The Terrace, PO Box 2526, Wellington. They are also available on www.maf.govt.nz/AnimalWelfare/

Code of Recommendations for the Welfare of Circus Animals and Information for Circus Operators [1999]
Code of Recommendations and Minimum Standards for the Welfare of Animals Used in Rodeo Events [1999]
Code of Recommendations for the Welfare of Exhibit Animals and Information for Animal Exhibit Operators [1999]
Code of Recommendations and Minimum Standards for the Welfare of Pigs [1999]
Code of Recommendations and Minimum Standards for the Welfare of Layer Hens [1999]
Code of Recommendations and Minimum Standards for the Welfare of Broiler Chickens [1999]

Chiropractors Act 1982: Notice

Notice of Prescribed Fees for Matters Relating to Chiropractors Act 1982, Gazette, 2000, p 230.

Civil Aviation Act 1990: Rules

These rules are available on www.caa.govt.nz, and also by ringing 0800 438 758.

Rule nameCommencement dateAmendments incorporated
Part 1: Definitions and Abbreviations 17 June 1993 Amendments 1 to 15
(21 October 1999)
Part 11: Procedures for Making Ordinary Rules and Granting Exemptions 16 September 1993 Amendment No 1
(8 February 1996)
Part 12: Accidents, Incidents, and Statistics 1 April 1997 Amendment No 1
(30 April 1999)
Part 19: Transition Rules 1 April 1997 Amendment No 2
(1 January 1998)
Amendment No 1
(23 April 1998)
Amendment No 3
(30 April 1999)
Part 21: Certification of Products and Parts 1 July 1995 Amendment No 1
(12 October 1995)
Amendment No 2
(15 February 1996)
Amendment No 3
(1 April 1997)
Amendment No 4
(1 April 1997)
Amendment No 5
(25 December 1997)
Part 26: Additional Airworthiness Requirements 1 April 1997  
Part 39: Airworthiness Directives 14 March 1997  
Part 43: General Maintenance Rules 1 June 1995 Amendment No 1
(1 April 1997)
Amendment No 2
(1 April 1997)
Amendment No 3
(25 December 1997)
Part 47: Aircraft Registration and Marking 28 November 1996 Amendment No 1
(25 December 1997)
Part 61: Pilot Licences and Ratings 5 November 1992 Amendment No 1
(30 October 1994)
Amendment No 2
(8 February 1996)
Amendment No 3
(4 December 1997)
Amendment No 4
(25 December 1997)
Amendment No 5
(30 April 1999)
Part 63: Flight Engineer Licences and Ratings 15 November 1996  
Part 65: Air Traffic Service Personnel Licences and Ratings 1 April 1997  
Part 66: Aircraft Maintenance Personnel Licensing 1 April 1997 Amendment No 1
(30 April 1999)
Part 67: Medical Standards and Certification 5 November 1992  
Part 71: Designation of Airspace 1 January 1998  
Part 73: Special Use Airspace 1 January 1998  
Part 77: Objects and Activities Affecting Navigable Airspace 1 April 1997  
Part 91: General Operating and Flight Rules 1 April 1997 Amendment No 1
(25 December 1997)
Amendment No 2
(25 December 1997)
Amendment No 3
(1 January 1998)
Amendment No 4
(23 April 1998)
Amendment No 5
(15 July 1999)
Part 92: Carriage of Dangerous Goods 14 November 1995 Amendment No 1
(1 April 1997)
Part 93: Special Aerodrome Traffic Rules and Noise Abatement Procedures 1 April 1997 Amendment No 1
(30 April 1999)
Part 101: Gyrogliders and Parasails; and Unmanned Balloons, Kites, Rockets, and Model Aircraft – Operating Rules 1 April 1997  
Part 103: Microlight Aircraft – Certification and Operating Rules 11 March 1993 Amendment No 1
(11 March 1993)
Amendment No 2
(1 July 1995)
Amendment No 3
(8 February 1996)
Amendment No 4
(1 April 1997)
Part 104: Gliders – Operating Rules 1 April 1997 Amendment No 1
(25 December 1997)
Part 105: Parachuting – Operating Rules 1 April 1997  
Part 106: Hang Gliders – Operating Rules 1 April 1997  
Part 108: Air Operator Security Programme 1 April 1997  
Part 119: Air Operator – Certification 1 April 1997 Amendment No 1
(23 April 1998)
Amendment No 2
(3 November 1998)
Amendment No 3
(30 April 1999)
Amendment No 4
(21 October 1999)
Part 121: Air Operations – Large Aeroplanes 14 November 1995 Amendment No 1
(14 November 1995)
Amendment No 2
(1 April 1997)
Amendment No 3
(23 April 1998)
Amendment No 4
(3 November 1998)
Amendment No 5
(30 April 1999)
Part 125: Air Operations – Medium Aeroplanes 30 April 1999 Amendment No 1
(21 October 1999)
Part 129: Foreign Air Transport Operator – Certification 1 April 1997 Amendment No 1
(21 October 1999)
Part 133: Helicopter External Load Operations 1 April 1997  
Part 135: Air Operations – Helicopters and Small Aeroplanes 24 August 1992 (Subpart K)
1 April 1997 (Other Subparts)
Amendment No 1
(14 November 1995)
Amendment No 2
(1 April 1997)
Amendment No 3
(25 December 1997)
Amendment No 4
(23 April 1998)
Amendment No 5
(3 November 1998)
Amendment No 6
(30 April 1999)
Amendment No 7
(21 October 1999)
Part 137: Agricultural Aircraft Operations 30 October 1994 Amendment No 1
(8 February 1996)
Amendment No 2
(1 April 1997)
Part 139: Aerodromes – Certification, Operation and Use 6 January 1993 Amendment No 1
(8 February 1996)
Part 140: Aviation Security Service Organisations – Certification 2 November 1998  
Part 141: Aviation Training Organisations – Certification 22 February 1996  
Part 145: Aircraft Maintenance Organisations – Certification 16 February 1992 Amendment No 1
(7 October 1993)
Amendment No 2
(1 June 1995)
Amendment No 3
(8 February 1996)
Amendment No 4
(1 April 1997)
Amendment No 5
(1 April 1997)
Amendment No 6
(25 December 1997)
Part 146: Aircraft Design Organisations – Certification 1 April 1997  
Part 148: Aircraft Manufacturing Organisations – Certification 15 February 1996 Amendment No 1
(25 December 1997)
Part 149: Aviation Recreation Organisations – Certification 1 April 1997  
Part 157: Notice of Construction, Alteration, Activation, and Deactivation of Aerodromes 8 July 1993 Amendment No 1
(8 February 1996)
Part 171: Aeronautical Telecommunication Service Organisations – Certification 1 October 1992 Amendment No 1
(8 February 1996)
Part 172: Air Traffic Service Organisations – Certification 1 January 1998 Amendment No 1
(13 August 1999)
Part 174: Aviation Meteorological Service Organisations – Certification 10 February 1994 Amendment No 1
(8 February 1996)
Part 175: Aeronautical Information Services Organisations – Certification 1 September 1994 Amendment No 1
(8 February 1996)
Amendment No 2
(1 April 1997)
Customs and Excise Act 1996: Rules

Copies of rules notified in the Gazette are available for inspection at offices of the New Zealand Customs Service in Auckland, Wellington, Christchurch, and Dunedin, and may be purchased from Publications, New Zealand Customs Service, Private Bag 1928, Dunedin.

Customs (Inward Report) Rules 1996, Gazette, 1996, p 2399
Customs (Outward Report) Rules 1996, Gazette, 1996, p 2407
Customs (Certificate of Clearance) Rules 1996, Gazette, 1996, p 2416
Customs (Volume of Alcohol) Rules 1996, Gazette, 1996, p 2419
Customs (Application for Customs Rulings) Rules 1997, Gazette, 1997, p 1287
Customs (Import Entry) Rules 1997, notified Gazette, 1997, p 1296
Customs (Export Entry) Rules 1997, notified Gazette, 1997, p 1296
Customs (Excisable Goods Entry) Rules 1997, Gazette, 1997, p 1296

Financial Reporting Act 1993: Approved financial reporting standards

Copies of approved financial reporting standards are available from the Institute of Chartered Accountants, Cigna House, 40 Mercer Street, PO Box 11–342, Wellington.

FRS–1: Disclosure of Accounting Policies (approved May 1994)
FRS–2: Presentation of Financial Reports (approved June 1994)
FRS–4: Accounting for Inventories (approved June 1994)
FRS–5: Accounting for Events Occurring after Balance Date (approved March 1994)
FRS–7: Extraordinary Items and Fundamental Errors (approved May 1994)
FRS–9: Information to be Disclosed in Financial Statements (approved March 1995)
FRS–10: Statement of Cash Flows (approved March 1994)
FRS–13: Accounting for Research and Development Activities (approved February 1995)
FRS–14: Accounting for Construction Contracts (approved July 1994)
FRS–19: Accounting for Goods and Services Tax (approved July 1994)
FRS–20: Accounting for Shares Issued Under a Dividend Election Plan (approved June 1994)
FRS–21: Accounting for the Effects of Changes in Foreign Currency Exchange Rates (approved December 1997)
FRS–24: Interim Financial Statements (approved December 1996)
FRS–26: Accounting for Defeasance of Debt (approved May 1995)
FRS–27: Right of Set-off (approved March 1994)
FRS–29: Prospective Financial Information (approved April 1996)
FRS–32: Financial Reporting by Superannuation Schemes (approved April 1998)
FRS–33: Disclosure of Information by Financial Institutions (approved April 1997)
FRS–34: Life Insurance Business (approved November 1998)
FRS–35: Financial Reporting of Insurance Activities (approved July 1999)

Food Act 1981: Food standards

These standards are available from the Food and Nutrition Section of the Ministry of Health, 133 Molesworth Street, Wellington.

New Zealand Food Standard 1996 (issued 27 June 1996)
New Zealand Food Standard 1996, Amendment No 1 (issued 3 December 1996)
New Zealand Food Standard 1996, Amendment No 2 (issued 14 January 1997)
New Zealand Food Standard 1996, Amendment No 3 (issued 3 June 1997)
New Zealand Food Standard 1996, Amendment No 4 (issued 8 September 1997)
New Zealand Food Standard 1996, Amendment No 5 (issued 1 November 1997)
New Zealand Food Standard 1996, Amendment No 6 (issued 10 February 1998)
New Zealand Food Standard 1996, Amendment No 7 (issued 31 March 1998)
New Zealand Food Standard 1996, Amendment No 8 (issued 17 August 1998)
New Zealand Food Standard 1996, Amendment No 9 (issued 18 August 1998)
New Zealand Food Standard 1996, Amendment No 10 (issued 10 November 1998)
New Zealand Food Standard 1996, Amendment No 11 (issued 8 December 1998)
New Zealand Food Standard 1996, Amendment No 12 (issued 8 March 1999)
New Zealand Food Standard 1996, Amendment No 13 (issued 13 April 1999)
New Zealand Food Standard 1996, Amendment No 14 (issued 21 July 1999)
New Zealand Food Standard 1996, Amendment No 15 (issued 4 October 1999)
New Zealand Food Standard 1996, Amendment No 16 (issued 12 November 1999)
New Zealand Food Standard 1996, Amendment No 17 (issued 20 January 2000)
New Zealand (Mandatory) Food Standard 1997 (issued 12 August 1997)
New Zealand (Maximum Residue Limits of Agricultural Compounds) Mandatory Food Standard 1999 (issued 6 April 1999)
New Zealand (Maximum Residue Limits of Agricultural Compounds) Mandatory Food Standard 1999, Amendment No 1 (issued 25 August 1999)
New Zealand (Maximum Residue Limits of Agricultural Compounds) Mandatory Food Standard 1999, Amendment No 2 (issued 10 September 1999)
New Zealand (Emergency) Food Standard 1998 (issued 28 July 1998)

Institute of Chartered Accountants of New Zealand Act 1996: Rules of Institute

These rules are available for inspection at the office of the Registrar of Companies at Wellington.

Rules of the Institute of Chartered Accountants of New Zealand — Revised November 1999

Land Transport Act 1998: Rules

These rules are available at Bennetts bookshops.

Land Transport Rule: Door Retention Systems 1997
Land Transport Rule: Interior Impact Rule 1997
Land Transport Rule: Steering Column Impact 1997
Land Transport Rule: Frontal Impact 1997
Land Transport Rule: External Projections 1997
Land Transport Rule: Head Restraints 1997
Land Transport Rule: Vehicle Standards Compliance 1998
Land Transport Rule: Vehicle Repair 1998
Land Transport Rule: Dangerous Goods 1999
Land Transport Rule: Passenger Service Vehicles 1999
Land Transport Rule: Glazing, Windscreen Wipe and Wash, and Mirrors 1999

Legal Services Act 1991: Legal Services Board Instructions

These instructions are available from the Legal Services Board, Landcorp House, 101 Lambton Quay, PO Box 5333, Wellington. The remuneration instructions are also available on the Board's website at www.lsb.co.nz.

Legal Services Board (Civil Legal Aid Applications) Instructions 1992
Legal Services Board (Civil Legal Aid Applications) Instructions 1992, Amendment No 1
Legal Services Board (Criminal Legal Aid Applications) Instructions 1992
Legal Services Board (Criminal Legal Aid Applications) Instructions 1992, Amendment No 1
Legal Services Board (Criminal Legal Aid Applications) Instructions 1992, Amendment No 2
Legal Services Board (Criminal Legal Aid Applications) Instructions 1992, Amendment No 3
Legal Services Board (Police Detention Legal Assistance Scheme) Instructions 1994
Legal Services Board (Police Detention Legal Assistance Scheme) Instructions 1994, Amendment No 1
Legal Services Board (Duty Solicitor) Instructions 1995
Legal Services Board (Duty Solicitor) Instructions 1995, Amendment No 1
Legal Services Board (Civil Legal Aid Charges) Instructions 1999
Legal Services Board (Civil Legal Aid Remuneration) Instructions 1999
Legal Services Board (Criminal Legal Aid Remuneration) Instructions 1999
Legal Services Board (Criminal Legal Aid Remuneration) Instructions 1999, Amendment No 1
Legal Services Board (Reporting) Instructions 1999
Legal Services Board – Civil Legal Aid (Waitangi Tribunal) Remuneration Instructions 2000

Maritime Transport Act 1994: Rules

These rules are available form the Maritime Safety Authority, AMP House, 109 Featherston Street, PO Box 27-006, Wellington.

Maritime Rules
Rule nameCommencement date
Part 20: Operating Limits 1 February 1998
Part 21: Safe Ship Management Systems
  • 21 August 1997 (Rules 21.1 to 21.12)
  • 1 February 1998 (Rule 21.13)
Part 22: Collision Prevention 1 February 1998
Part 23: Operating Procedures and Training
  • 18 June 1999
  • 1 July 1999 (Rule 23.16)
Part 24A: Carriage of Cargoes – Dangerous Goods 1 February 1998
Part 24C: Carriage of Cargoes – Specific Cargoes 1 February 1998
Part 31A: Minimum Personnel and Watchkeeping (Fitness for Duty) Foreign Going and Coastal 1 August 1998
Part 32: Ships Personnel – Qualifications 22 October 1999
Part 34: Medical Standards 1 August 1998
Part 35: Training and Examinations 22 October 1999
Part 40D: Design Construction and Equipment – Fishing Ships 1 February 2000
Part 45: Navigational Equipment 1 February 2000
Part 46: Surveys, Certification and Maintenance 1 February 1998
Part 47: Load Lines 1 February 1998
Part 48: Tonnage Management 15 October 1998
Part 51: Crew Accommodation 26 November 2000
Part 73: Logbooks 1 February 1998
Part 80: Marine Craft Used for Adventure Tourism 11 February 1999
Part 90: Pilotage (Appointment of Pilots and Pilotage Exemptions) 4 November 1999
Marine Protection Rules
Rule nameCommencement date
Part 100: Port Reception Facilities – Oil, Noxious Liquid Substances, and Garbage 20 August 1998
Part 101A: Surveys and Inspections – Oil 20 August 1998
Part 101B: Surveys and Inspections – Noxious Liquid Substances Carried in Bulk 20 August 1998
Part 102: Certificates of Insurance 20 August 1998
Part 103: Notifications – Oil and Noxious Liquid Substances 20 August 1998
Part 120: Discharge of Oil 20 August 1998
Part 121A: Ship Design and Construction – Oil Tankers 20 August 1998
Part 121B: Ship Design and Construction – Ships other than Oil Tankers 20 August 1998
Part 122: Marine Protection Products – Oil 20 August 1998
Part 123A: Documents – Oil 20 August 1998
Part 123B: Documents (Record Books and Manuals) 20 August 1998
Part 124: Offshore Installations – Oil 20 August 1998
Part 125: Shipboard Operations – Oil 20 August 1998
Part 130A: Shipboard Marine Oil Spill Contingency Plans 20 August 1998
Part 130B: Oil Transfer Site Marine Oil Spill Contingency Plans 20 August 1998
Part 130C: Regional Oil Spill Contingency Plans 20 August 1998
Part 132: Dispersants and Demulsifiers 20 August 1998
Part 140: Discharge of Noxious Liquid Substances carried in Bulk 20 August 1998
Part 141: Ship Design, Construction, Equipment and Operation – Chemical Carriers 20 August 1998
Part 142A: Documents (Certificates) – Noxious Liquid Substances 20 August 1998
Part 142B: Documents (Records Books and Manuals) – Noxious Liquid Substances 20 August 1998
Part 150: Carriage of Cargoes – Harmful Substances carried in Packaged Form 20 August 1998
Part 160: Prevention of Pollution by Sewage from Ships in the Antarctic Treaty Area 20 August 1998
Part 170: Prevention of Pollution by Garbage from Ships and Offshore Installations 20 August 1998
Part 180: Dumping of Waste or Other Matter 20 August 1998
Medical Auxiliaries Act 1966: Notices

Notice of Prescribed Fees for Matters Relating to the Medical Auxiliaries Act 1966 and the Podiatrists Regulations 1982, Gazette, 2000, p 230

Notice of Prescribed Fees for Matters Relating to the Medical Auxiliaries Act 1966 ("the Act") and the Medical Radiation Technologists Regulations 1995 ("the Regulations"), Gazette, 2000, p 376

Penal Institutions Act 1954: Operational standards

These operational standards are available from all service centres of the Community Probation Service and from the Information Centre of the Department of Corrections, Mayfair House, 44–52 The Terrace, PO Box 44–52, Wellington, and on www.corrections.govt.nz.

Operational Standard 12 Inmate Management Plans and Programmes (issued in 1999)
Operational Standard 13 Inmate Security Classification System (issued in 1999)

Privacy Act 1993: Codes

These codes are available on http://www.privacy.org.nz/privacy-act/, from Bennetts bookshops, and also from the Office of the Privacy Commissioner, PO Box 10—094, Wellington, or PO Box 466, Auckland.

Health Information Privacy Code 1994
Health Information Privacy Code 1994, Amendment No 2 (1995)
Health Information Privacy Code 1994, Amendment No 3 (1998)
Health Information Privacy Code 1994, Amendment No 4 (2000)
Superannuation Schemes Unique Identifier Code 1995
EDS Information Privacy Code 1997
EDS Information Privacy Code 1997, Amendment No 1 (2000)
Justice Sector Unique Identifier Code 1998

Rating Valuations Act 1998 Rules

These rules are available on www.linz.govt.nz/services/valuation and also from the Office of the Valuer-General, Land Information New Zealand, PO Box 5501, Wellington.

The Valuer-General Rules 1998

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