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Legislation drafted and published by PCO

In general, the PCO drafts all Government Bills (except Inland Revenue Bills), and secondary legislation made by Order in Council or that amends an Act. The PCO also drafts some other secondary legislation:

  • if the administering agency and the Chief Parliamentary Counsel agree or if the Attorney-General directs (see section 67 of the Legislation Act 2019 (LA2019) for the specific default rules)
  • if the PCO drafted the legislation before the LA 2019 came into force, in which case a transitional provision creates a deemed agreement with the agency (see LA2019, Schedule 1, clause 23).

In general, the PCO publishes all Bills, all Acts, and all secondary legislation drafted by the PCO. See LA2019 section 69 for the specific default rules. Legislation published by the PCO is available on the New Zealand Legislation website.

The following are exceptions to the default rules, including Attorney-General directions and some drafting agreements. (A full list of deemed drafting agreements under the transitional provisions is being prepared and will be added soon.)

Bills

PCO’s roleDirectionLegislation Act 2019 reference
The PCO publishes all amendments to Bills, other than those proposed by table amendment under a direction of the Attorney-General dated 24 September 2021 LA2019, section 69(1)(a)

The PCO drafts amendments to members’ Bills—

(a) for the select committee, if the Attorney General issues a direction in response to a request from the select committee for PCO to assist

  LA2019, section 67(c)
(b) at the committee of the whole House, if:
  • the Government has supported the Bill at 2nd reading, and the amendments are for the member in charge of the Bill, and:
    • the proposed amendments are only minor or technical to improve workability or clarity of the Bill; or
    • it is confirmed the Government supports the proposed amendments:
  • the amendments are proposed by the Government
under a direction of the Attorney-General dated 24 September 2021. It is subject to any specific direction from the Attorney-General to the contrary. LA2019, section 67(c)

Secondary legislation and other documents

Empowering Act/authorityDoes PCO draft and publish?Agreement or directionLegislation Act 2019 reference
Accident Compensation Act 2001, section 183 PCO drafts and publishes all secondary legislation by deemed agreement with agency LA2019, Schedule 1, clause 23
Civil Aviation Act 1990, section 77A PCO drafts and publishes all secondary legislation by deemed agreement with agency LA2019, Schedule 1, clause 23
Civil Aviation Act 1990, section 34A PCO does not draft or publish   LA2019, section 67(d)(i) expressly overridden
COVID-19 Public Health Response Act 2020, sections 9, 11, 15 PCO drafts and publishes class orders by deemed agreement with agency LA2019, Schedule 1, clause 23
Crown Minerals Act, section 19 PCO does not draft or publish   LA2019, section 67(d)(i) expressly overridden
Customs and Excise Act 2018, Schedule 3, clauses 20, 21, 23, 25 PCO does not draft or publish   LA2019, section 67(d)(i) expressly overridden
Electoral Act 1993, section 104(2)(a), (b) PCO drafts and publishes Electoral Main Rolls Closing Orders even though they are not secondary legislation   LA2019, Schedule 1, clause 24
Epidemic Preparedness Act 2006, section 24A

PCO does not draft or publish Head of Bench modifications to High Court Rules (or Head of Bench modifications to any other court rules)

 

LA2019, section 67(d)(ii) expressly overridden in the case of modifications to High Court Rules

PCO indicates Head of Bench modifications in a suitable place on NZ Legislation website if they are notified to PCO and are, or are to be, in force

Legislation (Publication) Regulations 2021, Sch 3, Part 2, item

Health Act 1956, section 70 PCO drafts and publishes class orders by deemed agreement with agency LA2019, Schedule 1, clause 23
Heavy Engineering Research Levy Act 1978, section 5 PCO drafts and publishes all secondary legislation by deemed agreement with agency LA2019, Schedule 1, clause 23
Land Transport Act 1998, section 152A PCO does not draft or publish   LA2019, section 67(d)(i) expressly overridden
Land Transport Act 1998, sections 152-159A PCO drafts and publishes only:
  • Land Transport (Driver Licensing) Rule 1999 and amendments
  • Land Transport (Road User Rule) 2004 and amendments
by deemed agreement with agency LA2019, Schedule 1, clause 23
Local Government Act 2002, sections 25, 25A, 27, 27A PCO does not draft Orders in Council under a direction of the Attorney-General dated 24 September 2021 LA2019, section 67(d)(i)
Maritime Transport Act 1994, section 390A PCO does not draft or publish   LA2019, section 67(d)(i) expressly overridden
National Parks Act 1980, section 56 PCO drafts and publishes amendments to bylaws only if the principal bylaws are published by PCO by deemed agreement with agency LA2019, Schedule 1, clause 23
Reserve Bank Act 1989, section 81 PCO does not draft or publish Orders in Council under a direction of the Attorney-General dated 24 September 2021 LA2019, section 67(d)(i)
Reserves Act 1977, section 106(1) PCO drafts and publishes amendments to model bylaws previously published as legislative instruments even though they are not secondary legislation   LA2019, Schedule 1, clause 24
Reserves Act 1977, section 106(3) PCO drafts and publishes amendments to bylaws only if the principal bylaws are published by PCO by deemed agreement with agency LA2019, Schedule 1, clause 23
Residential Tenancies Act 1986, Schedule 5, clause 3 PCO drafts and publishes COVID-19 tenancies orders by agreement with agency LA2019, section 67(d)(iii)
Royal prerogative PCO drafts and publishes all secondary legislation by deemed agreement with agency LA2019, Schedule 1, clause 23
Royal prerogative PCO drafts and publishes instruments made by the Governor-General under Letters Patent appointing Royal Commissions even though they are not secondary legislation   LA2019, Schedule 1, clause 24
Maritime Transport Act 1994, section 390A PCO does not draft or publish   LA2019, section 67(d)(i) expressly overridden
Wildlife Act 1953, section 6 PCO drafts and publishes Wildlife (Chatham Islands) Notice 2015 and amendments only by deemed agreement with agency LA2019, Schedule 1, clause 23

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