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Report: Legislation waiting to be brought into force by Order in Council

As at 1 April 2020

Does not include Acts with a default specified commencement date in the event that the Act is not earlier brought into force by Order in Council.

Note that departmental comments are as at 1 July 2019.

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See the report as at 1 July 2019 »

DepartmentName of Act (listed alphabetically)Provisions
not in force
(as at 1 April 2020)
Notes
Ministry of Foreign Affairs and Trade Antarctica (Environmental Protection: Liability Annex) Amendment Act 2012 whole Act Departmental comment:
The Act implements New Zealand’s obligations under Annex VI to the Protocol on Environmental Protection to the Antarctic Treaty, on Liability Arising from Environmental Emergencies. The Act, like other legislation implementing obligations under a particular treaty, is designed to be brought into force by Order in Council once the Annex itself becomes effective. That will happen when all 28 Consultative Parties to the Antarctic Treaty that were entitled to attend the Antarctic Treaty Consultative Meeting in 2005 have approved the Annex. So far, 16 of the required 28 Consultative Parties (including New Zealand, in May 2013) have done so. It is not yet known when the Annex will become effective.
Ministry for Primary Industries Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 section 33 Departmental comment:
Section 33 of Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 (the Reform Act) was enacted to enable land-based aquaculture to transition from the current licensing regime established by the Freshwater Fish Farming Regulations 1983 (the Regulations) to the fish farming registration regime that applies under the Fisheries Act 1996.

Currently the Fisheries Act 1996 preserves the licensing regime established under the Regulations for freshwater aquaculture. Section 33 would revoke the Regulations and set up a process for licence holders under the Regulations to transition to the fish farmer registration system under the Fisheries Act 1996.

Section 33 of the Reform Act was not brought into force on enactment of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011. This was because there remained some concern in relation to how biosecurity risks would be managed under the new regime.

Recent aquaculture biosecurity events including the Bonamia parasite in dredge oysters have highlighted the need to improve the management of biosecurity in the aquaculture sector. There are still questions whether the transition from the Regulations to the Fisheries Act (under section 33) would enable effective management of New Zealand’s aquaculture regime and appropriately manage biosecurity risk.

Fisheries New Zealand has conducted an initial investigation into ways to improve the aquaculture system managed by the Ministry for Primary Industries. This includes whether section 33 remains relevant or should be removed. Further internal review will refine the scope of work. In 2019/20, Fisheries New Zealand will seek agreement to a work programme aimed at improving MPI’s management of aquaculture and this will involve consideration of the role of section 33 (if any).

Ministry of Transport Aviation Crimes Amendment Act 2007 sections 4(1), 9, and 10 Departmental comment:
Relates to aviation security measures.

See departmental comment on the Civil Aviation Amendment Act 2007 (to which this Act relates).

Ministry of Business, Innovation, and Employment Building Amendment Act 2012 sections 6(1)-(3), (7), and (8), 7, 11 and 12, 15-17, 21 and 22, 28, 30-35, 36(1) and (2), 37 and 38, 52, 55, 57(3) and (4), 58, 60, 62(1) and (3), 66, 72 and 73, 76-80, 84-86, 88(1), 89, 93(1)-(4), and 95 Departmental comment:
Provision was made in the Building Amendment Act 2012 for a risk-based consenting regime, to be brought into force by Order in Council once the Government was satisfied that a number of pre-conditions had been met. MBIE is working to test the relevant aspects of the risk-based consenting regime against what is now known about the current state of the building and construction sector, and using a whole-of-system approach to explore other options for meeting the objectives. This work will inform policy decisions to be made by the Minister for Building and Construction and Cabinet regarding the provisions in the Act.
Ministry of Transport Civil Aviation Amendment Act 1992 section 35(1)-(3) Departmental comment:
Relates to removal of exclusive right of Airways Corporation to provide certain services.

The review of the Civil Aviation Act 1990 has resulted in a decision to repeal these provisions. This will be implemented through the Civil Aviation Bill that is currently being developed.

Ministry of Transport Civil Aviation Amendment Act 2007 sections 4(1), 6, 12(1), 18, and 19(4), and Part 3 of the Schedule Departmental comment:
Relates to civil aviation security.

The aviation security risks facing aircraft operations to, from and within New Zealand is kept under regular review. The usefulness of deploying in-flight security officers (IFSOs) to mitigate these risks is, in part, dependent on these risk reviews and related discussions with aviation security partner countries. This in turn would feed into an assessment of whether it is necessary to bring the IFSO-related provisions of the Civil Aviation Amendment Act 2007 and the Aviation Crimes Amendment Act 2007 into force. The Civil Aviation Bill that is currently being developed does not propose any changes to the status of these provisions.

Some contingency planning has been done, for example, to consider what operational arrangements would need to be agreed with other countries with IFSO programmes and to provide for facilities for the safe disarming of IFSOs at airports. Any New Zealand IFSO capability will be provided by the New Zealand Police.

Ministry for the Environment Climate Change Response Act 2002 Schedule 3 (subparts 2 and 4 of Part 5) and Schedule 4 (subpart 2 of Part 2) Departmental comment:
These provisions relate to surrender obligations for agricultural activities and unit entitlements for storing carbon dioxide after capture under the New Zealand greenhouse gas emissions trading scheme.

These provisions will be reviewed when legislative changes to the Act are considered in 2019.

Ministry of Foreign Affairs and Trade Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 sections 4-8, 28, 38, 39, 40(3) and (4), 41-43, 44(5)-(8), 45-56, 73-76, 90(1), 91(1), and Schedule 2 Departmental comment:
The Act implements New Zealand’s obligations under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). The sections of the Act listed here relate to the Trans-Pacific Partnership (TPP) only (not CPTPP) and are designed to be brought into force by Order in Council only when the TPP enters into force for New Zealand. This could not happen unless a sufficient number of other TPP Parties, including the US, ratified TPP.
Department of Conservation Conservation Amendment Act 1996 section 24 Departmental comment:
Relates to new sections 26ZJA and 26ZJB of the Conservation Act 1987.

The New Zealand Fish and Game Council presented proposals for the licensing of commercial sports fishing and game hunting guides to the Minister of Conservation in 2016 and 2018. Both proposals were rejected by the Minister. The Department of Conservation is now working with the New Zealand Fish and Game Council to develop a workable proposal.

Fish and game councils are statutory bodies created under sections 26B and 26P of the Conservation Act 1987. The functions of the 12 regional fish and game councils are to manage, maintain, and enhance sports fish and game bird resources in the recreational interests of anglers and hunters (section 26Q of the Conservation Act). The councils also issue licences to hunt game birds and licences to take sports fish (section 26Q(f)(i) and (ii) of the Conservation Act).

The 12 regional fish and game councils are elected every 3 years by sports fish and game bird whole-season licence holders (section 26Z(3) of the Conservation Act). Each council then selects one of its councillors to be its representative on the overarching New Zealand Fish and Game Council (section 26D(2) of the Conservation Act). The functions of the NZ Council include advising the Minister of Conservation on issues relating to sports fish and game, and recommending fishing and hunting conditions and licence fees.

Fish and game councils are public entities but not Crown entities (see references to other Acts contained in section 26W of the Conservation Act). The councils are independent of the Government and are not subject to Ministerial direction in regard to policy.

Ministry of Business, Innovation, and Employment Copyright (Marrakesh Treaty Implementation) Amendment Act 2019 whole Act Comes into force on the date on which the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled, done at Marrakesh on 27 June 2013, enters into force for New Zealand.
Ministry of Business, Innovation, and Employment Gas Amendment Act 2004 Part 4A, subpart 3 (sections 43ZZG-43ZZQ to be inserted into principal Act by section 5) Departmental comment:
Relates to the alternative mechanism of an Energy Commission as regulator of the gas sector.

The purpose of subpart 3 of Part 4A of the Gas Amendment Act 2004 is to provide the legislation necessary to establish an alternative body to the Gas Industry Company (GIC) to govern New Zealand’s gas industry. Section 3 of the Gas Amendment Act 2004 prescribes a specific process that must be followed before subpart 3 of Part 4A can be commenced. That process involves extensive consultation requirements including consultation on the reasons that the responsible Minister considers the GIC should be replaced.

Section 3 and the latent provisions in subpart 3 of Part 4A of the Gas Amendment Act 2004 are integral parts of a legislative model designed to reflect Parliament’s intention to regulate the gas industry by co-regulation. Subpart 3 of Part 4A will be brought into force if (and only if) the Minister, following completion of the process prescribed in section 3 and on the advice of the Ministry of Business, Innovation, and Employment (MBIE), considers that the Gas Industry Company is not performing satisfactorily. The effect of the Minister’s decision to commence subpart 3 of Part 4A is significant; it involves abandoning the current model of co-regulation in favour of a model of government regulation.

In light of Parliament’s intention to regulate the gas industry by a model of co-regulation, MBIE regularly monitors and assesses the performance of the GIC by:

  1. undertaking annual reviews of the GIC levy-setting process and statement of Proposal; and
  2. overseeing various GIC Work Programmes; and
  3. reviewing the Quarterly Reports and Annual Report published by the GIC.

The GIC is delivering on several large work programmes, and has recently facilitated an industry-led process for an updated Gas Transmission Access Code (GTAC). At this point in time MBIE does not consider that there are reasons for the Minister to commence the process under subpart 3 of Part 4A of the Gas Act 1992.

Ministry of Health Human Tissue Act 2008 sections 87 and 88 Departmental comment:
The Ministry of Health recommends that sections 87 and 88 of the Human Tissue Act 2008 be retained. They reflect Parliament’s intention to provide for the possibility of a stand-alone organ donor register to be established in the future. The recently published organ donation strategy mandates work towards a donor register separate from the driver license register. If that comes about, the amendments provided for in those sections would be required.

Sections 87 and 88 of the Human Tissue Act 2008 provide for organ donor information presently held on the national register of driver licences to be disclosed to the national organ donor register, should such a donor register be established by regulations under section 78 of the Human Tissue Act. They allow the Transport Agency to continue collecting and disclosing information for a period of 5 years, to allow a smooth transition to the new register.

Increasing Deceased Donation and Transplantation: A National Strategy was published in June 2017. It provides for improvements to the recording and use of information on the driver license register in the short term. In the longer term, the Strategy includes work toward establishing a separate register of people's donation wishes, attached to the proposed national electronic health record.

Legislation is currently going through the House to enable the establishment of a national organ donation agency within the New Zealand Blood Service. Timeframes for implementing components of the Strategy will be considered once the agency is established.

Ministry of Business, Innovation, and Employment Immigration Act 2009 sections 100, 104, and 400(l) Departmental comment:
Section 100: Collection of biometric information from proposed arrivals - Immigration New Zealand’s digital strategy and roadmap includes an ongoing programme to extend and enhance the use of biometrics, in line with global trends under which governments and the private sector are using biometrics more to verify traveller identities before travel and on arrival. MBIE seeks to retain this provision as it is planned to be used within the next few years (noting that the NZ citizen exclusion may need to be reviewed as part of the work signalled below).

Section 104: New Zealand citizens arriving in New Zealand to be photographed – photographs are currently taken at the border by consent of people purporting to be New Zealand citizens to verify their identity (this section would make that mandatory). MBIE is proposing to commence a review of relevant legislation in 2020 to reflect global changes in technology and understandings of threats, and will consider this section as part of that work. That consideration will include whether to bring this section into effect and if so whether to enable MBIE to retain New Zealand citizen photographs for biometric matching purposes.

Section 400(l): Regulations to exempt categories of people – the further implementation of biometric enrolment will inform policy and regulations around categories of exemptions. It is therefore recommended that this section be retained, as any future regulations requiring biometric enrolment are likely to benefit from exemptions (such as for guests of government).

Ministry of Business, Innovation, and Employment Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 sections 3(2)(g), (i), and (s), and 53 Departmental comment:
Work on the regulations defining types of registered health professionals and treatment providers has been completed and the provisions will be brought into force on 1 October 2019. Sections 3(2)(g) and 3(2)(i) are not being brought into force as this would leave terms undefined in the AC Act.

Further policy work is required to determine the approach to section 3(2)(g). Section 3(2)(i) will not be brought into force as it only allows the repeal of the definition. The definition needs to be repealed and substituted in the AC Act in order to cross-reference the definition to the aforementioned regulations. When this occurs, the definition will be added to the regulations.

Due to the above approach to section 3(2)(i), section 53 will not be brought into force at this time so that the Minister can retain the ability to limit the definition through a Gazette notice. When the definition is moved to the Regulations, it can then be repealed.

Te Arawhiti Ngāti Tūwharetoa Claims Settlement Act 2018 sections 92-94 Departmental comment:
Sections 92 to 94 of the Ngāti Tūwharetoa Claims Settlement Act require the Order in Council to be brought into effect on the decision of joint Ministers of Treaty and Conservation. As yet, they have not made a decision because settlement negotiations with Taupō Hot Springs are ongoing. While a settlement agreement is not strictly required for the Ministers to make the decision, the Crown is making best efforts to reach agreement in order for the decision to be made and the Order in Council to be brought into effect, and thus avoiding potential costly litigation.
Ministry of Foreign Affairs and Trade Nuclear-Test-Ban Act 1999 whole Act Departmental comment:
The Nuclear-Test-Ban Act 1999 seeks to implement New Zealand’s obligations under the Comprehensive Test Ban Treaty (CTBT). The Act, like other legislation to implement obligations under a specific treaty, is to be brought into force by Order in Council only once the treaty itself is in force.

At present the CTBT is not in force. It will enter into force once all 44 Annex 2 countries under the CTBT have ratified the treaty.

At this point it is difficult to predict when the CTBT will enter into force.

Ministry of Business, Innovation, and Employment Personal Property Securities Amendment Act 2011 section 5 to the extent that it relates to subparagraph (iv) of section 167A(1)(b) (as inserted by the Amendment Act) of the Personal Property Securities Act 1999 Departmental comment:
Primary legislative change is required before section 167A(1)(b)(iv) can be brought into effect.

The necessary amendment has now been made through the Senior Courts Act 2016. However, the High Court Rules will need to be amended before this subsection can be brought into effect. (The Senior Courts Act re-enacted the High Court Rules without any amendments being made.)

The Ministry of Justice has prepared drafting instructions to be issued by the Chair of the Rules Committee. These Rules are likely to be progressed through Cabinet in late 2019 or early 2020.

Ministry of Social Development Social Security Act 2018 sections 109(2)(h) and (j), 165 (and the cross-heading above it), 168, 268 (paragraph (c) of the definition of young person obligation), 275, 276, 431(e)(v), and clauses 69 to 76 of Schedule 1 Departmental comment:
These provisions relate to youth services to 18 and 19 year olds without dependent children who are receiving jobseeker support and are at significant risk of long-term welfare dependency. They cannot be brought into force until funding for the purpose is appropriated.
Treasury State-Owned Enterprises Amendment Act 2012 sections 8(5) and 11(4) Departmental comment:
The sections of the State-Owned Enterprises Amendment Act 2012 that have not yet been brought into force relate to Solid Energy New Zealand Limited. Solid Energy has been liquidated and removed from the register of companies. These sections will be brought into force later this year.
Treasury State-Owned Enterprises (Meteorological Service of New Zealand Limited and Vehicle Testing New Zealand Limited) Amendment Act 1999 section
3(7)-(10)
Departmental comment:
This section relates to a situation where Meteorological Service of New Zealand Limited ceases to be a State enterprise. The status of this section will be reviewed at a future date.
Ministry of Business, Innovation, and Employment Tariff (PACER Plus) Amendment Act 2018 whole Act Departmental comment:
This legislation will come into force once enough signatories (8) ratify the PACER Plus trade agreement and notify the Depository country (Tonga). Once New Zealand is informed of this by Tonga, the Tariff (PACER Plus) Amendment Act 2018 Commencement Order 2019 will provide for the exact date that the Act comes into force.
Inland Revenue Department Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 sections 235 and 239(3)  
Department of Conservation Wildlife Amendment Act 1996 section 6 Departmental comment:
Relates to new section 22A of the principal Act.

The New Zealand Fish and Game Council presented proposals for the licensing of commercial sports fishing and game hunting guides to the Minister of Conservation in 2016 and 2018. Both proposals were rejected by the Minister. The Department of Conservation is now working with the New Zealand Fish and Game Council to develop a workable proposal.

(Refer above to comment about the Conservation Amendment Act 1996 for details about the independence of fish and game councils.)

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