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Legislation waiting to be brought into force by Order in Council

As at 1 April 2017

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

Note that departmental comment is as at 1 July 2016.

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DepartmentName of Act (listed alphabetically)Provisions not in force
(as at 1 April 2017)
Departmental comment (as at 1 July 2016)
Department of Corrections and Ministry of Justice Administration of Community Sentences and Orders Act 2013 s 45(1)   Relates to the sentencing guidelines to be prepared by the Sentencing Council and changes to short-term prison sentences. The Government has indicated it will not proceed with the establishment of the Sentencing Council and section 45(1) of the Administration of Community Sentences and Orders Act 2013 will be repealed by the Statutes Repeal Bill.
Ministry of Foreign Affairs and Trade Antarctica (Environmental Protection: Liability Annex) Amendment Act 2012 Whole Act 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, 12 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 s 33 Section 33 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 (the Reform Act) was enacted to enable freshwater aquaculture to transition from the current licensing regime established by the Fresh Water 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 fresh water aquaculture. Section 33 will 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 Reform Act as work in relation to how biosecurity risks would be managed under the new regime had not yet been completed in relation to freshwater aquaculture.
The Department of Conservation (DOC) and Ministry for Primary Industries (MPI) have been jointly reviewing the fresh water aquaculture regulatory regime. Recent biosecurity responses on land-based aquaculture farms have led to questions as to whether the transition from the Regulations to the Fisheries Act would still enable sufficient controls to appropriately manage biosecurity risk. Advice will be provided to the relevant Ministers in relation to this in 2016/17 and we expect a decision on whether, and when, to bring section 33 of the Reform Act into force.
Ministry of Transport Aviation Crimes Amendment Act 2007 ss 4(1), 9, and 10 Relates to aviation security measures.
See departmental comment on the Civil Aviation Amendment Act 2007 (to which this Act relates).
Ministry for Primary Industries Biosecurity Law Reform Act 2012 s 19 and Part 2 Section 19 of the Biosecurity Law Reform Act 2012 (BLRA) amends the Biosecurity Act 1993. It refers to rules made under the Maritime Transport Act 1994. Part 2 of the BLRA amends the Maritime Transport Act 1994.  The amendments enable New Zealand to become a party to the International Convention for the Control and Management of Ships’ Ballast Water and Sediments. The new rules under the Maritime Transport Act have been approved by the Minister of Transport. MFAT will now deposit New Zealand’s instrument of ratification with the International Maritime Organization.
Section 19 and Part 2 of the BLRA cannot come into force until this process has concluded.
Ministry of Business, Innovation, and Employment Building Amendment Act 2012 ss 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 Some provisions of the Building Amendment Act 2012 will be brought into force by Order in Council. These provisions provide for the risk-based consenting regime which will be brought into force once the Government is satisfied that a number of pre-conditions have been met. MBIE is working with interested parties, including territorial authorities, to test the relevant aspects of the risk-based consenting regime. This work will inform policy decisions to be made by the Minister for Building and Construction and Cabinet as well as the development of the associated regulations required for the regime to work.
Ministry of Transport Civil Aviation Amendment Act 1992 s 35(1)-(3) Relates to removal of exclusive right of Airways Corporation to provide certain services.
The review of the Civil Aviation Act 1990 has reported to the Minister of Transport on options but no decisions have yet been made. During consultation on the review, it became clear that there are polarised views as to whether section 35(1) to (3) of the Civil Aviation Amendment Act 1992, which allows for the repeal of Airways’ statutory monopoly by Order in Council, should be retained.  In support of its retention, some submitters noted that Parliament has already decided that the monopoly can be removed if and when the Government considers the right circumstances arise. In support of its repeal, other submitters agreed with the Ministry of Transport consultation proposal, that the removal of Airways’ statutory monopoly was a significant decision and that this decision should be taken through an Act of Parliament.
Ministry of Transport Civil Aviation Amendment Act 2007 ss 4(1), 6, 12(1), 18, and 19(4), and Part 3 of the Schedule 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.
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.
Department of Conservation Conservation Amendment Act 1996 s 24 Relates to new sections 26ZJA and 26ZJB of the Conservation Act 1987.  Policy work is being undertaken by the New Zealand Fish and Game Council regarding the need for the licensing of commercial sports fishing and game hunting guides.  The Council expects to present its proposals to the Minister of Conservation in September 2016 for her consideration.  The Minister and Cabinet may then be in a position to decide whether to bring the guides licensing provisions into force or repeal them.
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 three 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 to the Minister for approval (section 26C(1) of the Conservation Act). Fish and game councils are public entities but not Crown entities (see references to other Acts contained in section 26W of Conservation Act).  The councils are independent of the Government and are not subject to Ministerial direction in regard to policy.
Ministry of Justice Domestic Violence Amendment Act 2008 ss 4-6, and 14 These provisions would allow supervised contact with an approved provider to be imposed as a special condition of a protection order and would provide a process for determining payment of the costs of the service.
The provisions are being looked at in the Ministry of Justice’s review of family violence legislation. Decisions have yet to be made about what, if any, changes to make.

Treasury
Finance Act (No 2) 1988 ss 14 and 29 Section 14(1) would amend the Real Estate Agents Act 1976 by removing section 3(2)(e). Because that Act has been repealed, section 14(1) no longer has a purpose.
Section 14(2) would amend the State-Owned Enterprises Amendment Act 1987 by repealing parts of Part A, Schedule 1 of that Act that relate to the Real Estates Agents Act 1976.
Section 14 will be proposed for repeal in a statutes repeal bill.
Section 29 permits the insertion of references to Permatron Investments Limited into Schedule 4, Part 3, and clause 17 of the SOE Act 1986.
Schedule 4 no longer exists. Section 29 will be proposed for repeal in a statutes repeal bill.
Ministry for Primary Industries Fisheries Act 1996 ss 314(1)(a), (b), and (c), and 338 Relates to repeal of provisions in the Fisheries Act 1983 and packhorse rock lobsters.
Section 314(1)(a), (b), and (c) of the Fisheries Act 1996 allows repeal of sections 2, 2A, and 3 of the Fisheries Act 1983 by Order in Council.  It is most unlikely that the Order in Council process provided for by section 314 of the 1996 Act will be used to repeal only 3 of the remaining 15 sections of the 1983 Act. For this reason the Ministry for Primary Industries considers that section 314(1)(a), (b), and (c) of the 1996 Act could be repealed.
Section 338 was included in the 1996 Act to allow for a possible change in season for packhorse rock lobster. It has never been brought into force and is now no longer needed.
These provisions will be repealed by the Statutes Repeal Bill.
Ministry for Primary Industries Forests Amendment Act 1996 Whole Act Relates to supply contracts in relation to forest produce owned by another person.  This enactment is not required.
This enactment will be repealed by the Statutes Repeal Bill.
Ministry of Business, Innovation, and Employment Gas Amendment Act 2004 Part 4A, subpart 3 (ss 43ZZG-43ZZQ to be inserted into principal Act by s 5) 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; and
  4. for the year 2015, MBIE has implemented a close review of a number of the GIC Work Programmes which relate to the efficient operation of natural gas transmission pipelines. Any inadequacy in the GIC deliverables, identified as a part of this process, may trigger a review of the GIC status. However, at this point in time MBIE does not consider that there are reasons for the Minister to commence the process under section 3 of the Gas Amendment Act 2004.
Treasury Government Superannuation Fund Amendment Act (No 2) 1990 s 12 Relates to the basis for meeting employers’ shares of benefits.
Government Superannuation Fund (the Fund) has advised Treasury that this amendment, if it came into force, would make all employer contributions payable in the same way. Currently there is a distinction between “funding” employers and “non-funding” employers.  The impact of section 12 coming into force would be that “non-funding” employers (such as Government departments) would pay directly to the Fund instead of through the Crown making a global payment on their behalf. There are some operational difficulties for the Fund in the indirect way it currently receives “non-funding” employer contributions. However, they are manageable.
The Fund and the Treasury agree that section 12 will be proposed for repeal in a statutes repeal bill.
Treasury Housing Corporation Amendment Act 2001 ss 24(3)-(5) and 25(2) Aspects of this Amendment Act will come into force on the making of an order vesting assets in Housing New Zealand Corporation.
The vesting order in question is provided for by section 53 of the Housing Corporation Act 1974 and it allows the Governor-General, by Order in Council on the recommendation of the Minister, to vest the assets or liabilities of an existing company (as defined by the Housing Corporation Act 1974), or the Crown, in Housing Corporation New Zealand.
Sections 24(3) to (5) and 25(2) of the Housing Corporation Amendment Act 2001 provide for consequential amendments, which will come into force on the same day that a section 53 vesting order relating to Housing New Zealand Limited (an existing company) comes into force. These consequential amendments reflect the change in ownership from HNZL to HNZC arising from such a vesting order.
At present there is no intention to make an order pursuant to section 53 of the Housing Corporation Act 1974. Treasury is considering the possibility of repealing these provisions and will consult with Housing New Zealand on this.
Ministry of Health Human Tissue Act 2008 ss 87 and 88 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 present consideration of organ donation policy is likely to leave open the option of a stand-alone donor register, in which case 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 five years, to allow a smooth transition to the new register.
Policy work is underway to identify measures that will increase New Zealand’s rate of deceased organ donation, including the role a donor register might have, and the form it might take. Initial advice was provided to the Minister in March 2016, proposing that improvements be made to the driver licence register in the short-term, and a separate organ donor register be considered in the future.
Ministry of Business, Innovation, and Employment Immigration Act 2009 ss 100, 104, and 400(l) Section 100: Officials have identified airline partners for trialling the voluntary collection of biometric information from proposed arrivals.  Work to establish a trial for the voluntary collection of biometric information from proposed arrivals is continuing.
Section 104: A decision on section 104 will be made in the context of the review of the Customs and Excise Act 1996. The new Customs and Excise Bill was introduced on 23 November 2016.
Section 400(l): Progressive rollout of biometric enrolment is scheduled to begin in around 2016.  Policy and regulations development will occur during 2016-2017.
Ministry of Business, Innovation, and Employment Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 ss 3(2), (5), (7), 52(1), and 53 Relates to definitions of registered health professionals and treatment providers.
These provisions enable types of registered health professionals and treatment providers to be defined by regulations as a means to responding to changes in scope in the Health Practitioners Competence Assurance Act 2003 and in the treatment provider workforce. These provisions are being considered as part of a regulations review and assessment of the need for the regulations which is expected to be completed in 2017.
Ministry of Business, Innovation, and Employment Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 s 4(4) Relates to the definition of nurse practitioner.
This provision inserts a new definition for nurse practitioner that is linked to a definition set out in regulations. This provision will be considered as part of a regulations review and assessment of the need for the regulations which is expected to be completed in 2017.
Ministry of Justice Judicature (High Court Rules) Amendment Act 2008 Subparts 15 and 16 of Part 5 of High Court Rules These provisions relate to electronic filing. The Electronic Court and Tribunals Act 2016 comes into force on 1 March 2017 and the Ministry of Justice plans to work with the Rules Committee on whether subparts 15 and 16 of Part 5 of the High Court Rules should be brought into force, modified, or revoked.
Ministry of Justice Legal Services Act 2011 ss 9, 21(7), and 114(1)(s), (t), and (u) These provisions were intended to introduce a streamlined eligibility process for legal aid relating to low level offences. Section 9 enables regulations which prescribe that applicants charged with or convicted of certain offences may be subject to a means test to determine their eligibility to receive criminal legal aid. Sections 21(7) and 114(1)(s), (t), and (u) are consequential references to section 9. The provisions are to be brought into force by Order in Council, to commence at the same time as the envisaged regulations. Before bringing these provisions into force, further work will be required to assess whether these provisions and associated regulations are necessary now that the Legal Services Amendment Act 2013 is in force.
Regarding the timeframe for undertaking an assessment of whether the above provisions of the Legal Services Act are necessary, the Ministry has not yet had the opportunity to undertake this assessment and it is not on the work programme for 2016/17.
Ministry of Justice Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 s 164(3) and Schedule 6 Section 38 of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 provides for an Order in Council to bring into effect certain provisions of the Act following agreement on the future administration of Maungauika [North Head].
The Department of Conservation has arranged for the creation of a computer freehold register for the site in the name of the Tūpuna Taonga o Tāmaki Makaurau Trust Limited and is engaged in discussions with the Auckland Council on the administration and management of the site as the first step in implementing the process in section 38 of the Act.
Ministry of Foreign Affairs and Trade Nuclear-Test-Ban Act 1999 Whole Act 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 Justice Parole Amendment Act 2007 ss 4(1), (3), and (7), 16, 48, 49, and 67 Relates to changes to parole eligibility and parole guidelines to be prepared by the Sentencing Council. The Government has indicated it will not proceed with the establishment of the Sentencing Council and the Amendment Act is to be repealed by the Statutes Repeal Bill.
Ministry of Business, Innovation, and Employment Personal Property Securities Amendment Act 2011 s 5 to the extent that it relates to subparagraph (iv) of s 167A(1)(b) (as inserted by the Amendment Act) of the Personal Property Securities Act 1999 This refers to changes to the Personal Property Securities Act 1999 made by the Ministry of Justice as a result of the Courts and Criminal Matters Bill which was passed in July 2011.
Primary legislative change is required before section 167A(1)(b)(iv) can be brought into effect. Relevant amendments to the High Court Rules are contained in the Senior Courts Act 2016.
Ministry for the Environment Resource Management Amendment Act 2005 ss 108, 115(2)-(4), and 117 We intend to review whether section 108 of the Amendment Act should remain, or otherwise, as part of the Resource Legislation Amendment Bill process. Decisions on the future of the provision are anticipated to be made in the coming weeks.
Sections 115(2) to (4) and 117 of the Amendment Act are proposed for repeal in the Resource Legislation Amendment Bill.
Ministry of Justice Sentencing Amendment Act 2007 ss 5, 6(1), 12, 15, 45, 46, 49(1)-(3) and (5), and 52-54 Relates to the sentencing guidelines to be prepared by the Sentencing Council and changes to short-term prison sentences.  The Government has indicated it will not proceed with the establishment of the Sentencing Council and the Amendment Act is to be repealed by the Statutes Repeal Bill.
Ministry of Social Development Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Act 2016 ss 5(3), 14(1), 15, 16, 18(2) and (3), 32, 33, 37(3) and (4), 40-42, 43(2), 45, 46  
Treasury State-Owned Enterprises Amendment Act 2012 ss 4(4), 5(4), 6(5), 7(2), 8(5), 10(4), and 11(4) 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. The status of Solid Energy New Zealand Limited is uncertain. These sections will be reviewed when its status becomes more certain.
Treasury State-Owned Enterprises (Meteorological Service of New Zealand Limited and Vehicle Testing New Zealand Limited) Amendment Act 1999 s 3 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.
Inland Revenue Department Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 ss 299, 304, 305, 323, 324, 325(2)-(6), 327-333, 379, 383, 396, and 397  
Department of Conservation Wildlife Amendment Act 1996 s 6 Relates to section 22A of principal Act.
Policy work is being undertaken by the New Zealand Fish and Game Council regarding the need for the licensing of commercial sports fishing and game hunting guides. The Council expects to present its proposals to the Minister of Conservation in September 2016 for her consideration.  The Minister and Cabinet may then be in a position to decide whether to bring the guides licensing provisions into force or repeal them.
(Refer above to comment about the Conservation Amendment Act 1996 for details about the independence of fish and game councils.)  

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