Process to opt in to publication and notification requirements

This page is for agencies seeking to modernise publication requirements for secondary legislation they publish, by opting into requirements under Part 1 of the Legislation (Publication) Regulations 2021.

The regulations set the minimum publication requirements for agencies when they draft secondary legislation that is made under empowering provisions enacted after 28 October 2021, and empowering provisions that are “opted-in” to the regulations (see Legislation Act 2019, sections 74(1)(aa), 147(1)(c)(ii), (2), and (3), and Legislation (Publication) Regulations 2021, regulation 7(b)(ii) and Schedule 2).

The regulations require secondary legislation to be published on the maker’s website, notified in the Gazette, and presented to the House (see Legislation (Publication) Regulations 2021, regulation 8, and Legislation Act 2019, section 114).

For all other empowering provisions, the previous requirements have been temporarily preserved (see Legislation Act 2019, section 74(1)(a) and Schedule 1, clauses 12 and 32, and subpart 2).

There are good reasons for agencies to “opt in”, including harmonising their requirements across different empowering provisions, and implementing what will become the norm on a timeline that suits the agency. Or an agency may wish to take over drafting of the secondary legislation by ending a drafting agreement with the PCO and, therefore, take over publishing their secondary legislation.

This page sets out the process where the secondary legislation is already drafted by the agency. See Process to enter into or end a drafting agreement for the process where the drafting role transfers to the agency.

Process to opt in to publication regulations

1. The administering agency for secondary legislation made under the empowering provision approaches the Manager Legislative Stewardship (MLS), setting out their request and reasons, and the views of the administering agency for the empowering provision (if a different agency).

2. The MLS arranges for an opt-in agreement to be negotiated and agreed by the agency and the Chief Parliamentary Counsel. The agreement requires the agency to adopt best practice drafting and publication practices for a fixed period after the opt-in, and how it will transition to the new requirements.

3. The MLS arranges for the drafting of the amendment to the Legislation (Publication) Regulations 2021, for the agency’s recommendation to be made to the Attorney-General, and for Cabinet consideration.

4. The agency briefs their Minister ahead of Cabinet consideration.

5. Once the regulations are amended:

   • the publication, presentation, and disallowance table relating to the empowering provision is updated on the NZ Legislation website, if necessary

   • the agency gives effect to the requirements in the opt-in agreement, including any requirements to transition existing legislation and to implement drafting and publication practices.

To contact the MLS, please email contact@pco.govt.nz with “Opt in to publication regulations” in the subject line.