Secondary Legislation Confirmation Bill
2022 No 150-1

Secondary Legislation Confirmation Bill

Government Bill

150—1

Explanatory note

General policy statement

This Bill’s purpose is to prevent the revocation of certain instruments that, by virtue of the Act under which they are made, are revoked at a stated time unless earlier confirmed by an Act of Parliament.

When the Legislation Act 2012 (the 2012 Act) applies, these instruments are called confirmable instruments. When the Legislation Act 2019 (the 2019 Act) applies, they are called confirmable secondary legislation. The Bill refers to both simply as instruments.

This Bill confirms instruments under both the 2012 Act and the 2019 Act (even though the 2012 Act is repealed). This is because clause 34 of Schedule 1 of the 2019 Act continues to apply the confirmation provisions of the 2012 Act to instruments made before 28 October 2021 (the main commencement date of the 2019 Act).

This Bill confirms instruments made in the period starting on 1 July 2021 and ending with the close of 30 June 2022.

Departmental disclosure statement

A departmental disclosure statement is not required for this Bill.

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 provides that the Bill, when enacted, comes into force on the day after the date on which it receives Royal assent.

Part 1Preliminary provisions

Clause 3 states that the Bill’s purpose is to confirm instruments that, unless confirmed by an Act of Parliament, are—

  • revoked at the applicable deadline under—

    • section 47C(1)(a) or (b) of the 2012 Act and clause 34 of Schedule 1 of the 2019 Act; or

    • section 123 of the 2019 Act; or

  • taken after the applicable deadline to have been invalid for their past operation (because they have been revoked with effect before or on the deadline) under—

    • section 47D of the 2012 Act and clause 34 of Schedule 1 of the 2019 Act; or

    • section 126 of the 2019 Act.

Confirmation by Act is only to prevent those outcomes under those sections. It therefore does not generally—

  • authorise, cure invalidities in, or validate defects in the instruments or the processes followed in making them; or

  • affect or limit judicial review, or complaints processes, in respect of the instruments or the processes followed in making them.

Clause 4 is the interpretation clause.

Clause 5 ensures that the Bill, when enacted, binds the Crown.

Clause 6 repeals the Subordinate Legislation Confirmation Act 2021, which is now spent.

Part 2Confirmations under Legislation Act 2012

Clause 7 confirms regulations under the Animal Products Act 1999.

Clause 8 confirms an order under the Civil Aviation Act 1990.

Clause 9 confirms an order under the Commodity Levies Act 1990.

Clause 10 confirms 5 orders under the Customs and Excise Act 2018.

Clause 11 confirms regulations under the Land Transport Act 1998.

Clause 12 confirms regulations under the Road User Charges Act 2012.

Clause 13 confirms an order under the Wine Act 2003.

Part 3Confirmations under Legislation Act 2019

Clause 14 confirms regulations under the Animal Products Act 1999.

Clause 15 confirms an order under the Biosecurity Act 1993.

Clause 16 confirms 4 orders under the Customs and Excise Act 2018.

Clause 17 confirms an order under the Commodity Levies Act 1990.

Clause 18 confirms regulations under the Gambling Act 2003.

Clause 19 confirms regulations under the Land Transport Act 1998.

Clause 20 confirms an order under the New Zealand Superannuation and Retirement Income Act 2001 and the Social Security Act 2018.

Clause 21 confirms an order under the Social Security Act 2018.

Clause 22 confirms an order under the Tariff Act 1988.

Clause 23 confirms an order and regulations under the Wine Act 2003.

1 Title

This Act is the Secondary Legislation Confirmation Act 2022.

2 Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

Part 1 Preliminary provisions

3 Purpose

The purpose of this Act is to confirm—

(a)

instruments that, unless earlier confirmed by an Act of Parliament, are—

(i)

revoked at the applicable deadline under section 47C(1)(a) or (b) of the Legislation Act 2012; or

(ii)

taken after the applicable deadline to have been invalid for their past operation (because they have been revoked with effect before or on the deadline) under section 47D of the Legislation Act 2012; and

(b)

instruments that, unless earlier confirmed by an Act of Parliament, are—

(i)

revoked at the applicable deadline under section 123 of the Legislation Act 2019; or

(ii)

taken after the applicable deadline to have been invalid for their past operation (because they have been revoked with effect before or on the deadline) under section 126 of the Legislation Act 2019.

4 Interpretation

In this Act, unless the context otherwise requires,—

deadline,—

(a)

in relation to confirmation under the Legislation Act 2012, has the meaning given in section 4 of that Act; and

(b)

in relation to confirmation under the Legislation Act 2019, has the meaning given in section 121 of that Act

instrument means,—

(a)

in relation to confirmation under the Legislation Act 2012, a confirmable instrument or an annual confirmable instrument as defined in section 47B of that Act; and

(b)

in relation to confirmation under the Legislation Act 2019, secondary legislation that must be confirmed under subpart 3 of Part 5 of that Act.

5 Act binds the Crown

This Act binds the Crown.

6 Repeal

The Subordinate Legislation Confirmation Act 2021 (2021 No 56) is repealed.

Part 2 Confirmations under Legislation Act 2012

7 Animal Products Act 1999

The following regulations are confirmed:

(a)

Animal Products (Fees, Charges, and Levies) Amendment Regulations 2021 (LI 2021/285):

(b)

Animal Products (Dairy Industry Fees, Charges, and Levies) Amendment Regulations 2021 (LI 2021/286).

8 Civil Aviation Act 1990

The Civil Aviation (Safety and Security) Levies Amendment Order 2021 (LI 2021/339) is confirmed.

9 Commodity Levies Act 1990

The Commodity Levies (Meat) Order 2021 (LI 2021/336) is confirmed.

10 Customs and Excise Act 2018

The following orders are confirmed:

(a)

Customs Import Prohibition (Motor Vehicles) Order 2021 (LI 2021/213):

(b)

Customs Export Prohibition (Pounamu) Order 2021 (LI 2021/214):

(c)

Customs Import Prohibition (Offensive Weapons) Order 2021 (LI 2021/215):

(d)

Customs Export Prohibition (Strategic Goods) Order 2021 (LI 2021/216):

(e)

Customs Import Prohibition (Trout) Order 2021 (LI 2021/217).

11 Land Transport Act 1998

The Land Transport (Railway Track User Charges) Regulations 2021 (LI 2021/278) are confirmed.

12 Road User Charges Act 2012

The Road User Charges (Rates) Amendment Regulations 2021 (LI 2021/306) are confirmed.

13 Wine Act 2003

The Wine (Non-grape Wine Levy) Order 2021 (LI 2021/273) is confirmed.

Part 3 Confirmations under Legislation Act 2019

14 Animal Products Act 1999

The Animal Products (Fees, Charges, and Levies) Amendment Regulations 2022 (SL 2022/158) are confirmed.

15 Biosecurity Act 1993

The Biosecurity (National Kiwifruit Pathway Management Plan—Kiwifruit Levy) Order 2022 (SL 2022/39) is confirmed.

16 Customs and Excise Act 2018

The following orders are confirmed:

(a)

Excise and Excise-equivalent Duties Table (Tobacco Products Indexation) Amendment Order 2021:

(b)

Excise and Excise-equivalent Duties Table (Temporary Reduction of Motor Spirits Duty) Amendment Order 2022:

(c)

Excise and Excise-equivalent Duties Table (Alcoholic Beverages Indexation) Amendment Order 2022:

(d)

Excise and Excise-equivalent Duties Table (Temporary Reduction of Motor Spirits Duty) Amendment Order 2022 Amendment Order 2022.

17 Commodity Levies Act 1990

The Commodity Levies (Winegrapes) Order 2022 (SL 2022/110) is confirmed.

18 Gambling Act 2003

The Gambling (Problem Gambling Levy) Regulations 2022 (SL 2022/155) are confirmed.

19 Land Transport Act 1998

The Land Transport (Clean Vehicle Discount Scheme Charges) Regulations 2022 (SL 2022/52) are confirmed.

20 New Zealand Superannuation and Retirement Income Act 2001 and Social Security Act 2018

The Social Security (Rates of Benefits and Allowances Order 2022 (SL 2022/28) is confirmed.

21 Social Security Act 2018

The Social Security (Rates of Benefits and Allowances) Order (No 2) 2022 (SL 2022/67) is confirmed.

22 Tariff Act 1988

The Tariff (RCEP) Amendment Order 2021 is confirmed.

23 Wine Act 2003

The following are confirmed:

(a)

Wine (Grape Wine Levy) Order 2022 (SL 2022/111):

(b)

Wine Amendment Regulations 2022 (SL 2022/160).