Transitional and savings checklist

Consider the default rules in sections 31 to 39 of the Legislation Act 2019. Do you need specific and targeted provisions in the new law to clarify or change the policy outcome under those default rules?

Policy design principles

In designing a policy response to an issue, consider whether the response:

• moves from the old law to the new law in an orderly, fair, and efficient manner

• avoids retrospective effects.

Is an existing right/status, office/position, or entity being affected by the new law?

• Are there existing rights (for example, a licence, registration, certificate, approval, consent, permit, or exemption) under the old law? If so, do they continue as equivalent rights (or with any changes)?

• Does any person hold an office or a position under the old law? If so, do they continue in an equivalent office or position under the new law?

• Is an organisation, a committee, or other body under the old law abolished or replaced under the new law? If so, what happens to its rights, obligations, assets, liabilities, contracts, entitlements, and employees, etc? 

• Are registers or other records kept under the old law continued under the new law and, if so, in what form?

Will processes be in progress under the old law when it is changed?

• What happens if a person has made an application or a request under the old law, but a decision on the application or request has not been made when the new law comes into force (commencement)?

• How is a proceeding, investigation, inquiry, or other action dealt with if it is started under the old law, but not completed at commencement?

• How is a breach or other conduct dealt with if it occurs while the old law is in force, but a proceeding or other action is not taken before commencement?

When does the new law start to apply and how? (ie, timing and scope)

• Will the new law apply to everyone equally from day one, or will certain groups have a grace period after commencement?

• Is a previously unregulated activity becoming regulated under the new law? If so, what is the pathway for becoming subject to the new rules?

• Is a previously regulated activity becoming less regulated under the new law? If so, what is the pathway for moving away from old rules?

• Does the new law affect only new contracts, property rights, or other arrangements? Or does the new law apply to existing contracts, rights, or arrangements?

• Do contracts, deeds, or other documents refer to, or “hook into”, the old law? Will these documents be treated as referring to, or hooking into, the new law?

• Does the new law involve a duty that is performed for a particular period of time? For example, a report or return that must be prepared for a financial year. If so, from which period will the new law apply?

• Do any concepts under the old law need to be changed over? (For example, “certificates of title” become “records of title” under the Land Transfer Act 2017.)

Does anything need to be expressly saved so that it continues to apply once the new law starts?

• Should any rules or requirements of the old law be treated as continuing as rules or requirements under the new law?

• What legislative or administrative instruments are in force under the old law? Do any instruments need to be continued? If so, do they need to be changed to help the instrument to work smoothly under the new law?

• Does the new law cause any doubt about whether some other law may have been impliedly repealed? If so, consider expressly saving the effect of that law.

• Does the new law have an effect on the common law? If so, does any aspect of the common law need to be saved?

• Are there any rights, powers, or privileges under the old law that need to be saved?