Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021
2021/248
Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021
Patsy Reddy, Governor-General
Order in Council
At Wellington this 13th day of September 2021
Present:
The Right Hon Jacinda Ardern presiding in Council
These regulations are made under section 147A of the Legislation Act 2019 on the advice and with the consent of the Executive Council.
Contents
Regulations
1 Title
These regulations are the Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021.
2 Commencement
These regulations come into force on 28 October 2021.
Part 1 Department of Conservation
Amendment to Wildlife Regulations 1955
3 Amendment to Wildlife Regulations 1955
Regulation 4 amends the Wildlife Regulations 1955.
4 Regulation 39 amended (Liberating game birds)
After regulation 39(2), insert:
(3)
An authorisation made under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons.
Part 2 Department of Internal Affairs
Amendments to National Library Requirement (Electronic Documents) Notice 2006
5 Amendments to National Library Requirement (Electronic Documents) Notice 2006
6 Regulation 9 amended (Exemptions)
(1)
In clause 9(1), delete “, by notice in the Gazette,”
.
(2)
After clause 9(2), insert:
(3)
An exemption granted under this clause—
(a)
is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
(b)
takes effect in accordance with section 38(4) of the Act, even if it is not yet published.
Part 3 Ministry for Primary Industries
Amendments to Agricultural Compounds and Veterinary Medicines (Exemptions and Prohibited Substances) Regulations 2011
7 Amendments to Agricultural Compounds and Veterinary Medicines (Exemptions and Prohibited Substances) Regulations 2011
8 Regulation 9 amended (Manufacture of exempt compound product to be in accordance with documented system)
(1)
In regulation 9(1)(g), after “Director-General”
, insert “by notice”
.
(2)
After regulation 9(2), insert:
(3)
A notice made under subclause (1)(g) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
9 Regulation 10 amended (Compounded veterinary preparation to be prepared in accordance with documented system)
(1)
In regulation 10(1)(f), after “Director-General”
, insert “by notice”
.
(2)
After regulation 10(2), insert:
(3)
A notice made under subclause (1)(f) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Amendment to Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Regulations 2015
10 Amendment to Agricultural Compounds and Veterinary Medicines (Fees, Charges, and Levies) Regulations 2015
11 Regulation 6 amended (Director-General may grant exemption, waiver, or refund)
After regulation 6(2), insert:
(3)
An instrument granting an exemption, waiver, or refund is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons.
Amendment to Animal Products (Dairy Industry Fees, Charges, and Levies) Regulations 2015
12 Amendment to Animal Products (Dairy Industry Fees, Charges, and Levies) Regulations 2015
13 Regulation 15 amended (Director-General may grant exemption, waiver, or refund)
After regulation 15(2), insert:
(3)
An instrument granting an exemption, waiver, or refund under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to a particular case.
Amendment to Animal Products (Fees, Charges, and Levies) Regulations 2007
14 Amendment to Animal Products (Fees, Charges, and Levies) Regulations 2007
15 Regulation 9 amended (Director-General may grant exemption or waiver)
After regulation 9(2), insert:
(3)
An instrument granting an exemption, a waiver, or a refund under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to a particular case.
Amendment to Animal Products (Regulated Control Scheme—Bivalve Molluscan Shellfish) Regulations 2006
16 Amendment to Animal Products (Regulated Control Scheme—Bivalve Molluscan Shellfish) Regulations 2006
17 Regulation 32 amended (Status of growing area as open or closed for harvesting)
After regulation 32(5), insert:
(6)
A declaration made under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons.
Amendments to Animal Products (Regulated Control Scheme—Limited Processing Fishing Vessels) Regulations 2001
18 Amendments to Animal Products (Regulated Control Scheme—Limited Processing Fishing Vessels) Regulations 2001
19 Regulation 8 amended (Interpretation)
In regulation 8(1), definition of limited processing, paragraph (a)(ii), delete “and notified in the Gazette”
.
20 Regulation 9 amended (Limited processing)
(1)
In regulation 9, delete “in the Gazette”
.
(2)
In regulation 9, insert as subclause (2):
(2)
A notice made under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
21 Regulation 47 amended (Records to be kept)
After regulation 47(3), insert:
(4)
An instrument imposing requirements under subclause (1)(c) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons.
Amendments to Fisheries (Amateur Fishing) Regulations 2013
22 Amendments to Fisheries (Amateur Fishing) Regulations 2013
Regulations 23 and 24 amend the Fisheries (Amateur Fishing) Regulations 2013.
23 Regulation 50 amended (Fish, aquatic life, or seaweed taken under authorisation for hui or tangi)
(1)
In regulation 50(1)(b)(ii), replace “notified in the Gazette that are considered by the chief executive”
with “, specified by notice, that the chief executive considers”
.
(2)
After regulation 50(2), insert:
(3)
A notice made under subclause (1)(b)(ii) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
24 Regulation 54 amended (Reporting obligations of amateur-fishing charter vessel operator)
(1)
In regulation 54(2)(a), delete “in the Gazette”
.
(2)
After regulation 54(5), insert:
(6)
A notice made under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Amendment to Fisheries (Benthic Protection Areas) Regulations 2007
25 Amendment to Fisheries (Benthic Protection Areas) Regulations 2007
26 Regulation 10 amended (Chief executive may issue circular)
After regulation 10(4), insert:
(5)
A circular issued under subclause (1)(a) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Amendments to Fisheries (Commercial Fishing) Regulations 2001
27 Amendments to Fisheries (Commercial Fishing) Regulations 2001
Regulations 28 to 32 amend the Fisheries (Commercial Fishing) Regulations 2001.
28 Regulation 48 amended (Circulars relating to marine turtles)
(1)
In regulation 48(1), delete “, by notice in the Gazette,”
.
(2)
After regulation 48(2), insert:
(3)
A circular issued under subclause (1) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
29 Regulation 52C amended (Circulars relating to shark finning)
(1)
In regulation 52C(1), delete “, by notice in the Gazette,”
.
(2)
After regulation 52C(2), insert:
(3)
A circular issued under subclause (1) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
30 Regulation 58A amended (Circulars may authorise or require seabird mitigation measures)
(1)
In regulation 58A(1), delete “, by notice in the Gazette,”
.
(2)
After regulation 58A(3), insert:
(4)
A circular issued under subclause (1) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
31 Regulation 71C amended (Notices relating to approval of trawl net)
Replace regulation 71C(3) with:
(3)
The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):
(a)
a notice issued under subclause (1):
(b)
an amendment or a revocation of a notice.
32 Regulation 83 amended (Chief executive may waive or remit certain fees)
In regulation 83, insert as subclause (2):
(2)
An instrument waiving or remitting fees is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons.
Amendment to Fisheries (Electronic Monitoring on Vessels) Regulations 2017
33 Amendment to Fisheries (Electronic Monitoring on Vessels) Regulations 2017
34 Regulation 13 amended (Circulars specifying requirements relating to electronic monitoring)
Replace regulation 13(3) with:
(3)
A circular issued under subclause (1) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Amendments to Fisheries (Foreign Fishing Vessel) Regulations 2001
35 Amendments to Fisheries (Foreign Fishing Vessel) Regulations 2001
Regulations 36 and 37 amend the Fisheries (Foreign Fishing Vessel) Regulations 2001.
36 Regulation 14 amended (Exemption from port inspection)
In regulation 14, insert as subclause (2):
(2)
An exemption granted under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more identified vessels.
37 Regulation 20 amended (Interpreters)
After regulation 20(2), insert:
(3)
An exemption granted under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more identified vessels.
Amendment to Fisheries (Geospatial Position Reporting) Regulations 2017
38 Amendment to Fisheries (Geospatial Position Reporting) Regulations 2017
39 Regulation 6 amended (Circulars specifying standards and requirements relating to geospatial position reporting devices)
Replace regulation 6(4) with:
(4)
A circular issued under subclause (1) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Amendments to Fisheries (Kaimoana Customary Fishing) Regulations 1998
40 Amendments to Fisheries (Kaimoana Customary Fishing) Regulations 1998
41 Regulation 29 amended (Notification of restriction or prohibition)
(1)
In regulation 29(4), replace “, as soon as practicable after approving such a bylaw, publish the approved bylaw in the Gazette”
with “insert in it the date on which it takes effect”
.
(2)
Replace regulation 29(6) with:
(6)
A bylaw approved under this regulation is secondary legislation (see—
(a)
Part 3 of the Legislation Act 2019 for publication requirements; and
(b)
section 186(6) of the Fisheries Act 1996 for how the Legislation Act 2019 applies to the bylaws.)
42 Regulation 34 amended (Minister’s powers concerning management by Tangata Kaitiaki/Tiaki)
(1)
In regulation 34(4)(a), delete “, by notice in the Gazette,”
.
(2)
After regulation 34(4), insert:
(4A)
A cancellation or an amendment made under subclause (4)(a) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Amendments to Fisheries (Ngāti Tūwharetoa, Raukawa, and Te Arawa River Iwi) Regulations 2017
43 Amendments to Fisheries (Ngāti Tūwharetoa, Raukawa, and Te Arawa River Iwi) Regulations 2017
44 Regulation 17 amended (Procedure for making bylaws for Upper Waikato fisheries area)
(1)
In regulation 17(7), replace “publish that version in the Gazette”
with “make that version of the bylaws”
.
(2)
After regulation 17(9), insert:
(10)
Bylaws made under this regulation are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
45 Regulation 20 amended (When bylaws come into force and take effect)
In regulation 20(a), replace “the Minister has notified them in the Gazette”
with “they are published under the Legislation Act 2019”
.
Amendments to Fisheries (Recordkeeping) Regulations 1990
46 Amendments to Fisheries (Recordkeeping) Regulations 1990
Regulations 47 and 48 amend the Fisheries (Recordkeeping) Regulations 1990.
47 Regulation 8 amended (Manner and form of source documents)
(1)
In regulation 8(1), delete “in the Gazette or in writing to any person concerned”
.
(2)
After regulation 8(4), insert:
(5)
A notice given under subclause (1) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons.
(6)
A notice that is not secondary legislation must be in writing and given to each person to whom it applies.
48 Regulation 27 amended (Chief executive may waive requirements in certain cases)
Replace regulation 27(3) with:
(3)
An exemption granted under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons.
(4)
An exemption that is not secondary legislation must be in writing and given to each person to whom it applies.
Amendments to Fisheries (Reporting) Regulations 2017
49 Amendments to Fisheries (Reporting) Regulations 2017
50 Regulation 19 amended (Chief executive may direct that monthly harvest returns be provided electronically)
(1)
Revoke regulation 19(2).
(2)
After regulation 19(6), insert:
(7)
A notice given under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons.
(8)
A notice that is not secondary legislation must be in writing and given to each person to whom it applies.
51 Regulation 33 amended (Exemptions on grounds of hardship or impracticability)
(1)
Revoke regulation 33(3)(a) and (b).
(2)
After regulation 33(3), insert:
(4)
An exemption granted under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons.
(5)
An exemption that is not secondary legislation must be in writing and given to the persons to whom it applies.
52 Regulation 46 amended (Exemptions)
(1)
Revoke regulation 46(2)(a) and (b).
(2)
After regulation 46(2), insert:
(3)
An exemption granted under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons.
(4)
An exemption that is not secondary legislation must be in writing and given to the persons to whom it applies.
53 Regulation 47 amended (Circulars)
Replace regulation 47(3) with:
(3)
A circular issued under subclause (1) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Amendments to Fisheries (South Island Customary Fishing) Regulations 1999
54 Amendments to Fisheries (South Island Customary Fishing) Regulations 1999
55 Regulation 26 amended (Notification of restriction or prohibition)
(1)
In regulation 26(4), replace “, as soon as practicable after approving such a bylaw, publish the approved bylaw in the Gazette”
with “insert in it the date on which it takes effect”
.
(2)
Replace regulation 26(6) with:
(6)
A bylaw approved under this regulation is secondary legislation (see—
(a)
Part 3 of the Legislation Act 2019 for publication requirements; and
(b)
section 186(6) of the Fisheries Act 1996 for how the Legislation Act 2019 applies to the bylaws.)
Amendment to Food (Fees and Charges) Regulations 2015
56 Amendment to Food (Fees and Charges) Regulations 2015
57 Regulation 4 amended (Chief executive may exempt, waive, or refund fees and charges)
After regulation 4(1), insert:
(1A)
An exemption, a waiver, or a refund granted under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to a particular case.
Amendment to Food Regulations 2015
58 Amendment to Food Regulations 2015
Regulation 59 amends the Food Regulations 2015.
59 Regulation 117 amended (Chief executive may require agency, person, or class to undergo assessment before and after granting recognition)
After regulation 117(5), insert:
(6)
An instrument imposing requirements is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to a particular case.
Amendment to Forests (Permanent Forest Sink) Regulations 2007
60 Amendment to Forests (Permanent Forest Sink) Regulations 2007
61 Regulation 16 amended (Exemptions and waivers)
In regulation 16, insert as subclause (2):
(2)
An exemption, a waiver, or a refund granted under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only in a particular case.
Amendment to Raw Milk for Sale to Consumers Regulations 2015
62 Amendment to Raw Milk for Sale to Consumers Regulations 2015
63 Regulation 43 amended (Requirements for use of maintenance compounds)
In regulation 43, insert as subclause (2):
(2)
An approval given under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons.
Amendments to Te Arawa Lakes (Fisheries) Regulations 2006
64 Amendments to Te Arawa Lakes (Fisheries) Regulations 2006
Regulations 65 and 66 amend the Te Arawa Lakes (Fisheries) Regulations 2006.
65 Regulation 25 amended (Trustees may make bylaws)
After regulation 25(2), insert:
(3)
Bylaws made under this regulation are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
66 Regulation 27 amended (When bylaws come into force and take effect)
Replace regulation 27(a) with:
(a)
when they are published under the Legislation Act 2019 (see section 79 of the Te Arawa Lakes Settlement Act 2006); or
Amendments to Waikato-Tainui (Waikato River Fisheries) Regulations 2011
67 Amendments to Waikato-Tainui (Waikato River Fisheries) Regulations 2011
68 Regulation 23 amended (Procedure for making bylaws)
(1)
In regulation 23(6), replace “publish the version in the Gazette”
with “make that version of the bylaws”
.
(2)
After regulation 23(7), insert:
(8)
Bylaws made under this regulation are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Part 4 Ministry for the Environment
Amendments to Climate Change (Agriculture Sector) Regulations 2010
69 Amendments to Climate Change (Agriculture Sector) Regulations 2010
70 Regulation 4 amended (EPA may issue guidelines or standards)
(1)
In regulation 4(1) and (2), delete “, by notice in the Gazette,”
.
(2)
After regulation 4(3), insert:
(4)
Guidelines or standards issued under this regulation are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Amendment to Climate Change (Emissions Rulings: Fees and Charges) Regulations 2010
71 Amendment to Climate Change (Emissions Rulings: Fees and Charges) Regulations 2010
72 Regulation 9 amended (Exemptions, waivers, and refunds)
In regulation 9, insert as subclause (2):
(2)
An instrument granting an exemption or a waiver or refund is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons.
Amendments to Climate Change (Forestry Sector) Regulations 2008
73 Amendments to Climate Change (Forestry Sector) Regulations 2008
74 Regulation 7 amended (EPA may issue guidelines or standards)
(1)
In regulation 7(1), (1A), and (2), delete “, by notice in the Gazette,”
.
(2)
After regulation 7(3), insert:
(4)
Guidelines or standards issued under this regulation are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Amendments to Climate Change (Other Removal Activities) Regulations 2009
75 Amendments to Climate Change (Other Removal Activities) Regulations 2009
76 Regulation 3 amended (Interpretation)
In regulation 3, revoke the definition of chief executive.
77 Regulation 3A amended (Chief executive may issue guidelines or standards)
(1)
In regulation 3A(1) and (2), delete “, by notice in the Gazette,”
.
(2)
After regulation 3A(3), insert:
(4)
Guidelines or standards issued under this regulation are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Amendments to Climate Change (Stationary Energy and Industrial Processes) Regulations 2009
78 Amendments to Climate Change (Stationary Energy and Industrial Processes) Regulations 2009
79 Regulation 5 amended (EPA may issue guidelines or standards)
(1)
In regulation 5(1) and (2), delete “, by notice in the Gazette,”
.
(2)
After regulation 5(3), insert:
(4)
Guidelines or standards issued under this regulation are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Part 5 Ministry of Business, Innovation, and Employment
Amendments to Electricity (China Free Trade Agreement) Regulations 2008
80 Amendments to Electricity (China Free Trade Agreement) Regulations 2008
81 Regulation 8 amended (Prohibition of non-complying fittings and electrical appliances)
(1)
Revoke regulation 8(2)(a).
(2)
In regulation 8(2)(b), replace “in the notice (which must be later than the date of the notice’s publication in the Gazette)”
with “in it (which must be later than the date on which it is published under the Legislation Act 2019)”
.
(3)
After regulation 8(3), insert:
(4)
A prohibition made under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Amendments to Electricity (Safety) Regulations 2010
82 Amendments to Electricity (Safety) Regulations 2010
Regulations 83 to 89 amend the Electricity (Safety) Regulations 2010.
83 Regulation 83 amended (Supplier declaration of conformity required before sale of declared medium risk articles)
(1)
In regulation 83(1), delete “, by notice in the Gazette,”
.
(2)
After regulation 83(4), insert:
(5)
A declaration made under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
84 Regulation 84 amended (Declared high risk articles not to be sold unless approved)
(1)
In regulation 84(1), delete “, by notice in the Gazette,”
.
(2)
After regulation 84(3), insert:
(4)
A declaration made under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
85 Regulation 87 amended (Prohibitions relating to fittings and appliances)
(1)
Revoke regulation 87(3)(a).
(2)
In regulation 87(3)(b), replace “for the purpose in the notice, which must be later than the date of publication of the notice in the Gazette”
with “in it, which must be later than the date on which it is published under the Legislation Act 2019”
.
(3)
In regulation 87(4), delete “specified in the notice in the Gazette as the date”
.
(4)
After regulation 87(6), insert:
(7)
A prohibition made under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
86 Regulation 99 amended (Fees payable to Board)
After regulation 99(3), insert:
(4)
An instrument granting a waiver, refund, or remission is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons.
87 Regulation 109 amended (WorkSafe’s power to exempt from requirements)
Replace regulation 109(5) with:
(5)
WorkSafe must give notice of an exemption, and any amendment or revocation of it, to the applicant.
(6)
An exemption granted under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons.
88 Regulation 110 amended (Issuing urgent instructions, orders, or requirements)
(1)
Revoke regulation 110(2).
(2)
After regulation 110(5), insert:
(6)
An instrument issuing instructions, orders, or requirements is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons.
(7)
An instrument that is not secondary legislation must be given in writing to each person to whom it applies.
89 Regulation 111 amended (Gazette notices to be published on Internet site)
In regulation 111, after “regulations”
, insert “and that is not secondary legislation”
.
Amendment to Financial Markets Conduct (Fees) Regulations 2014
90 Amendment to Financial Markets Conduct (Fees) Regulations 2014
91 Regulation 6 amended (Multiple application discount)
After regulation 6(6), insert:
(7)
An instrument granting a waiver or refund to a class of persons is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Amendments to Gas (Safety and Measurement) Regulations 2010
92 Amendments to Gas (Safety and Measurement) Regulations 2010
Regulations 93 to 98 amend the Gas (Safety and Measurement) Regulations 2010.
93 Regulation 60 amended (Declared articles not to be offered for sale unless approved)
(1)
In regulation 60(1), delete “, by notice in the Gazette,”
.
(2)
After regulation 60(3), insert:
(4)
A declaration made under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
94 Regulation 63 amended (Prohibition and control of unsafe gas appliances and fittings)
(1)
Revoke regulation 63(3)(a).
(2)
In regulation 63(3)(b), replace “for the purpose in the notice, which date must be later than the date of publication of the notice in the Gazette”
with “in it, which must be later than the date on which it is published under the Legislation Act 2019”
.
(3)
In regulation 63(4), delete “specified in the notice in the Gazette as the date”
.
(4)
After regulation 63(6), insert:
(7)
A prohibition or control made under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
95 Regulation 64 amended (Specified fittings)
(1)
In regulation 64(1), delete “in the Gazette”
.
(2)
Replace regulation 64(3) with:
(3)
A notice made under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
96 Regulation 85 amended (WorkSafe’s power to exempt from requirements)
Replace regulation 85(7) with:
(7)
WorkSafe must give notice of an exemption, and any amendment or revocation of it, to the applicant.
(8)
An exemption granted under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons.
97 Regulation 86 amended (Issuing of urgent instructions)
(1)
Revoke regulation 86(2).
(2)
After regulation 86(5), insert:
(6)
An instrument issuing instructions, orders, or requirements is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons.
(7)
An instrument that is not secondary legislation must be given in writing to each person to whom it applies.
98 Regulation 91 amended (Gazette notices to be published on Internet site)
In regulation 91, after “regulations”
, insert “and that is not secondary legislation”
.
Part 6 Ministry of Education
Amendments to Education (Early Childhood Services) Regulations 2008
99 Amendments to Education (Early Childhood Services) Regulations 2008
100 Regulation 41 amended (Minister may prescribe criteria)
(1)
In regulation 41, after “, may”
, insert “by notice”
.
(2)
Replace regulation 41(3) with:
(3)
A notice made under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Amendments to Education (Playgroups) Regulations 2008
101 Amendments to Education (Playgroups) Regulations 2008
102 Regulation 17 amended (Minister may prescribe criteria)
(1)
In regulation 17(1), before “prescribe”
, insert “by notice”
.
(2)
Replace regulation 17(2) with:
(2)
A notice made under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Part 7 Ministry of Health
Amendments to COVID-19 Public Health Response (Air Border) Order (No 2) 2020
103 Amendments to COVID-19 Public Health Response (Air Border) Order (No 2) 2020
104 Clause 26 amended (Exemptions granted by Minister)
(1)
Replace clause 26(5) and (6) with:
(5)
An exemption for any class of persons is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
(6)
However, an exemption, or an amendment to an exemption, may come into force before it is published if the Minister is satisfied that the exemption or amendment should come into force urgently.
(2)
Replace clause 26(7)(b) with:
(b)
the exemption or amendment must be published under the Legislation Act 2019 as soon as practicable after it comes into force.
105 Clause 26A amended (General provisions relating to exemptions granted by Director-General)
Replace clause 26A(4) with:
(4)
A relevant exemption for any class of persons is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Amendments to COVID-19 Public Health Response (Alert Level Requirements) Order (No 11) 2021
106 Amendments to COVID-19 Public Health Response (Alert Level Requirements) Order (No 11) 2021
107 Clause 51 amended (Power for Director-General to grant exemptions from this order)
(1)
Replace clause 51(6) and (7) with:
(6)
An exemption for any class of persons, businesses, services, or goods is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
(7)
However, an exemption, or an amendment to an exemption, may come into force before it is published if the Director-General is satisfied that the exemption or amendment should come into force urgently.
(2)
Replace clause 51(8)(b) with:
(b)
the exemption or amendment must be published under the Legislation Act 2019 as soon as practicable after it comes into force.
Amendments to COVID-19 Public Health Response (Isolation and Quarantine) Order 2020
108 Amendments to COVID-19 Public Health Response (Isolation and Quarantine) Order 2020
109 Clause 13 amended (Leaving place of isolation or quarantine)
After clause 13(2), insert:
(3)
An authorisation made under subclause (1)(a) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons.
110 Clause 15A amended (Power for Minister to grant exemptions from this Part)
Replace clause 15A(4) with:
(4)
An exemption is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Amendments to COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Regulations 2020
111 Amendments to COVID-19 Public Health Response (Managed Isolation and Quarantine Charges) Regulations 2020
112 Regulation 12 amended (How charges must be paid)
(1)
In regulation 12(2), replace “acceptable to the chief executive”
with “determined by the chief executive to be acceptable”
.
(2)
Replace regulation 12(3) with:
(3)
A determination made under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Amendment to COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020
113 Amendment to COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020
114 Clause 31A amended (Power for Minister to grant exemptions from this order)
Replace clause 31A(5) with:
(5)
An exemption for any class of persons is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Amendments to COVID-19 Public Health Response (Point-of-care Tests) Order 2021
115 Amendments to COVID-19 Public Health Response (Point-of-care Tests) Order 2021
116 Clause 8 amended (Director-General may authorise persons to deal with point-of-care tests)
After clause 8(4), insert:
(5)
An authorisation for a person must be notified in writing to the applicant and the authorised person.
(6)
An authorisation for a class of persons is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
117 Clause 9 amended (Director-General may exempt point-of-care tests from prohibitions)
After clause 9(3), insert:
(4)
An exemption for a point-of-care test must be notified in writing to the applicant.
(5)
An exemption for a class of point-of-care tests is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
118 Clause 10 revoked (Notification of authorisations and exemptions)
Revoke clause 10.
Part 8 Ministry of Social Development
Amendments to Social Security Regulations 2018
119 Amendments to Social Security Regulations 2018
Regulations 120 and 121 amend the Social Security Regulations 2018.
120 Regulation 90 amended (Definitions relating to social obligations)
In regulation 90, definition of approved early childhood education programme, replace paragraph (b) with:
(b)
an early childhood education programme approved by MSD having regard to all relevant approval criteria (if any) prescribed for the purposes of this paragraph by the Minister under section 430 of the Act; or
121 Regulation 211 amended (Debt recovery directions)
Replace regulation 211(3) with:
(3)
Debt recovery directions given under this regulation are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Part 9 Ministry of Transport
Amendments to Airport Authorities (Airport Companies Information Disclosure) Regulations 1999
122 Amendments to Airport Authorities (Airport Companies Information Disclosure) Regulations 1999
123 Regulation 17 amended (Secretary for Transport may issue guidelines)
(1)
In regulation 17(1) and (3), delete “, by notice in the Gazette,”
.
(2)
After regulation 17(4), insert:
(5)
Guidelines made under this regulation are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Amendments to Land Transport (Motor Vehicle Registration and Licensing) Regulations 2011
124 Amendments to Land Transport (Motor Vehicle Registration and Licensing) Regulations 2011
125 Regulation 39 amended (Display of ordinary plates)
After regulation 39(4), insert:
(5)
An instrument imposing requirements is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it relates only to 1 or more individually identified motor vehicles or named persons.
126 Regulation 65A amended (Registrar may waive, refund, or rebate administration fee)
In regulation 65A, insert as subclause (2):
(2)
An instrument granting a waiver, refund, or rebate is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it relates only to 1 or more individually identified motor vehicles or named persons.
Amendments to Land Transport Management (Road Tolling Scheme for Northern Gateway) Order 2005
127 Amendments to Land Transport Management (Road Tolling Scheme for Northern Gateway) Order 2005
128 Clause 9 amended (Setting of tolls)
Replace clause 9(3) with:
(3)
An instrument made under this clause setting tolls is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
(3A)
The instrument takes effect on the date specified in it, which must be at least 28 days after it is published under the Legislation Act 2019.
129 Clause 10 amended (Exemptions from paying tolls)
Replace clause 10(3) with:
(3)
An exemption granted under this clause is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
(4)
The purpose of an exemption must be published with it.
(5)
An exemption takes effect on the date specified in it, which must be at least 28 days after it is published under the Legislation Act 2019.
(6)
However, if it is impracticable to publish the exemption at least 28 days before the specified date, the exemption—
(a)
must be published as soon as practicable after it is made; and
(b)
takes effect on the date specified in it even if it is not yet published.
Amendments to Land Transport Management (Road Tolling Scheme for Takitimu Drive (Route K)) Order 2015
130 Amendments to Land Transport Management (Road Tolling Scheme for Takitimu Drive (Route K)) Order 2015
131 Clause 7 amended (Setting of tolls)
Replace clause 7(3) with:
(3)
An instrument made under this clause setting tolls is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
(3A)
The instrument takes effect on the date specified in it, which must be at least 28 days after it is published under the Legislation Act 2019.
132 Clause 8 amended (Exemptions from paying tolls)
Replace clause 8(3) with:
(3)
An exemption granted under this clause is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
(4)
The purpose of an exemption must be published with it.
(5)
An exemption takes effect on the date specified in it, which must be at least 28 days after it is published under the Legislation Act 2019.
(6)
However, if it is impracticable to publish the exemption at least 28 days before the specified date, the exemption—
(a)
must be published as soon as practicable after it is made; and
(b)
takes effect on the date specified in it even if it is not yet published.
Amendments to Land Transport Management (Road Tolling Scheme for Tauranga Eastern Link) Order 2015
133 Amendments to Land Transport Management (Road Tolling Scheme for Tauranga Eastern Link) Order 2015
134 Clause 8 amended (Setting of tolls)
Replace clause 8(4) with:
(4)
An instrument made under this clause setting tolls is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
(4A)
The instrument takes effect on the date specified in it, which must be at least 28 days after it is published under the Legislation Act 2019.
135 Clause 9 amended (Exemptions from paying tolls)
Replace clause 9(3) with:
(3)
An exemption granted under this clause is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
(4)
The purpose of an exemption must be published with it.
(5)
An exemption takes effect on the date specified in it, which must be at least 28 days after it is published under the Legislation Act 2019.
(6)
However, if it is impracticable to publish the exemption at least 28 days before the specified date, the exemption—
(a)
must be published as soon as practicable after it is made; and
(b)
takes effect on the date specified in it even if it is not yet published.
Part 10 New Zealand Police
Amendments to Arms Regulations 1992
136 Amendments to Arms Regulations 1992
Regulations 137 and 138 amend the Arms Regulations 1992.
137 Regulation 28M amended (Compensation schedules to be issued by Commissioner)
Replace regulation 28M(3) with:
(3)
A compensation schedule issued under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
138 Schedule 2 amended
In Schedule 2, replace clause 3(3) with:
(3)
A compensation schedule issued under this clause is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Part 11 Te Puni Kōkiri
Amendments to Rotoaira Trout Fishing Regulations 1979
139 Amendments to Rotoaira Trout Fishing Regulations 1979
Regulations 140 to 144 amend the Rotoaira Trout Fishing Regulations 1979.
140 Regulation 8 revoked (Fees for entry permits)
Revoke regulation 8.
141 Regulation 26 amended (Bag limit)
(1)
In regulation 26, delete “in the Gazette”
.
(2)
In regulation 26, delete “and any such alteration shall take effect on the day following the date of the publication of the notice, or on such later date as is specified in the notice”
.
(3)
In regulation 26, insert as subclauses (2) and (3):
(2)
A notice made under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
(3)
The notice takes effect on the day after it is published under the Legislation Act 2019 or any later date specified in it.
142 Regulation 27 amended (Size limit)
(1)
In regulation 27(1), replace “, by notice in the Gazette,”
with “by notice”
.
(2)
In regulation 27(1), delete “Every such notice shall take effect on the day following the date of its publication in the Gazette, or on such later date as is specified in the notice.”
.
(3)
After regulation 27(1), insert:
(1A)
A notice made under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
(1B)
The notice takes effect on the day after it is published under the Legislation Act 2019 or any later date specified in it.
143 Regulation 30 amended (Trustees may prohibit fishing in certain waters)
(1)
In regulation 30(1), delete “in the Gazette”
.
(2)
In regulation 30(1), delete “, and that prohibition shall take effect on the day following the date of publication of the notice or on such later date as is specified in the notice”
.
(3)
After regulation 30(4), insert:
(5)
A notice made under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
(6)
The notice takes effect on the day after it is published under the Legislation Act 2019 or any later date specified in it.
144 Schedule amended
In the Schedule, form 1, delete “in the Gazette”
.
Michael Webster,
Clerk of the Executive Council.
Explanatory note
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations are made under section 147A of the Legislation Act 2019 and come into force on 28 October 2021.
Various Acts authorise secondary legislation (top-tier SL) made under those Acts to authorise the making of a second tier of secondary legislation (sub-delegated SL). The empowering Acts require the top-tier SL to include a statement to the effect that the sub-delegated SL is secondary legislation.
These regulations amend various top-tier SL to insert those statements and to make consequential amendments, including to align existing provisions for making, commencing, and publishing instruments with the rules that will apply under the Legislation Act 2019.
The amendments are of the same kind as are made by the Secondary Legislation Act 2021 to Acts that contain secondary legislation empowering provisions.
Date of notification in Gazette: 16 September 2021.
These regulations are administered by the Parliamentary Counsel Office.