Act of Parliament
An Act is a law passed by Parliament. Public access to all Acts of Parliament is available at www.legislation.govt.nz. The meaning of an Act is ascertained from its text in light of its purpose (s 5(1) Interpretation Act 1999).
-
Petra Butler "When is an Act of Parliament an Appropriate Form of Regulation?"in Susy Frankel and Deborah Ryder (eds) Recalibrating Behaviour: Smarter Regulation in a Global World (LexisNexis 2013). This chapter identifies a number of principles to bear in mind when deciding to regulate a matter through an Act of Parliament, or through secondary or tertiary legislation: (1) A matter that so significantly infringes a right in the Bill of Rights Act 1990 that it subverts the scheme of the Bill of Rights Act has to be regulated by Parliament (2) A matter that significantly infringes a right should be regulated by an Act of Parliament. However, Parliament can, in certain circumstances, give wider discretion to the Executive to regulate the matter (3) The subject, content, purpose and scope of subsidies and benefits have to at least be tied to a budget (passed through by Parliament) (4) The powers of any autonomous body need to be carefully circumscribed by an Act of Parliament
-
John Prebble and Rebecca Prebble “Does the Use of General Anti-Avoidance Rules to Combat Tax Avoidance Breach Principles of the Rule of Law? A Comparative Study” in Susy Frankel (ed) Learning from the Past Adapting to the Future: Regulatory Reform in New Zealand (LexisNexis, 2011). The preceding sections of this chapter have demonstrated that general anti-avoidance rules are vague. However, all legislation is vague to some extent. The most specific of rules will always have borderline cases. Why, then, do some people single general anti-avoidance rules out as particularly egregious breaches of the rule of law?[42] Drafters of most laws cannot foresee all relevant fact situations. As Hart pointed out, all laws admit of “core” situations, where the law will definitely apply, and “penumbra”, where it is less certain whether the law will apply.[43] To criticise general anti-avoidance rules because it is not clear whether they apply in some situations appears to subject them to a higher standard than we demand of law in general.
-
Susy Frankel, Meredith Kolsky Lewis, Chris Nixon and John Yeabsley “The Web of Trade Agreements and Alliances, and Impacts on Regulatory Autonomy” in Susy Frankel (ed) Recalibrating Behaviour: Smarter Regulation in a Global World In New Zealand, RIAs are for all cabinet decisions, including those that relate to primary legislation, such as patent law.
-
Petra Butler “When is an Act of Parliament an Appropriate Form of Regulation?” in Susy Frankel and Deborah Ryder (eds) Recalibrating Behaviour: Smarter Regulation in a Global World [4] Abraham Lincoln (speech at Gettysburg, 19 November 1863) cited in Mario Martini "Normsetzungsdelegation zwischen parlamentarischer Steuerung und legislative Effizienz" (2008) 133 Archiv des öffentlichen Rechts 157 at 159. Compare s 15(1) of the New Zealand Constitution Act 1986: Parliament has full law making power. Parliament usually exercises this power to pass primary legislation. However, Parliament also has the power to confer its law making power on another person or body, thus enabling that person or body to make laws; see also Legislative Advisory Committee Guidelines on Process and Content of Legislation (May 2001) at [10.1.2].
-
Graeme Austin “The Regulation of Consumer Credit Products – Interrogating Assumptions about the Objects of Regulation” in Susy Frankel and Deborah Ryder (eds) Recalibrating Behaviour: Smarter Regulation in a Global World Aspects of New Zealand’s regulation of civil aviation are, as might be expected, also focused directly on issues of safety. The Civil Aviation Act 1990 includes a number of public welfare regulatory offences[26] against, for instance, causing “unnecessary danger”,[27] careless operation of an aircraft,[28] acting without necessary aviation documents,[29] and failing to comply with requests for inspection or monitoring.[30]
-
Petra Butler “When is an Act of Parliament an Appropriate Form of Regulation?” in Susy Frankel and Deborah Ryder (eds) Recalibrating Behaviour: Smarter Regulation in a Global World The LAC Guidelines stipulate that principle and policy should be regulated by an Act of Parliament, whereas regulation is adequate for detail and implementation. However, the LAC also recognises that the distinction between principle and detail, and policy and implementation can be both confusing and circular, not least because there is a significant overlap between those general descriptions.[82] The 2012 LAC Guidelines state:[83] provisions which affect fundamental human rights and freedoms should always be included in primary legislation. Examples of these rights and freedoms include— freedom from search and seizure. the right to demand and receive information. rights under the New Zealand Bill of Rights Act 1990 generally. provisions which expropriate property (namely, the taking of property for public use). social and economic rights (which include welfare and ACC rights and the corresponding rates of entitlement). On the face of it, the LAC Guidelines go further than the German reservation of law principle – stating that every matter that affects fundamental human rights and freedoms should always be included in primary legislation. However, that threshold would mean that every policy would have to be regulated by an Act of Parliament. It is hardly conceivable that a matter regulated will not (at least tangentially) impact on a fundamental human right, especially since the LAC Guidelines do not refer to civil and political rights but only to social and economic rights. Therefore, questions of threshold arise: At what point is an infringement of human rights so significant that the matter has to be regulated by statute? What is the sphere in which the executive can operate without Parliament’s authorisation (that is, still has the royal prerogative)?[84]