Page:Subordinate Legislation Confirmation Bill (Version 11).pdf/3

Explanatory note

vent their past operation from being invalid if they are revoked before, and not confirmed by, the deadline). Under the existing provisions, a confirming Act is required within 12 months of the instrument being presented to the House of Representatives. Under the new standard provisions, a confirming Act is required,—

Consultation process

The amendments in the Bill to Part 1 of the Act are a technical revision or consolidation to improve clarity and navigability, and facilitate the operation of confirmation by Act.

The proposed amendments do not affect the Act’s underlying policy; they only standardise, and continue with limited technical changes, confirmation by Act. Consultation has therefore not been undertaken with the parties that are in agreement with the Part proposed to be amended (as listed in Schedule 4 of the Act). These are the Green Party, the New Zealand Labour Party, the New Zealand National Party, the Progressive Coalition Party (which was deregistered as a political party in 2012), and United Future New Zealand.

No consultation was undertaken with the Guardians of New Zealand Superannuation, as the Bill does not propose to amend Part 2 of the Act.

Clause 1 is the Title clause.

Clause 2 relates to commencement. Part 2 and Schedules 1 to 3 (confirmable instruments) are to come into force on 1 January 2016. Other provisions, including Part 1 (annual confirmation and validation), come into force on the day after the date of Royal assent.

Part 1 Confirmation and validation provisions Subpart 1—General and technical provisions

Clause 3 states the purpose of Part 1 when enacted. Most of the subordinate legislation in Part 1 is confirmed, but the orders in clauses 12 and 14 are validated and confirmed because the Acts under which they are made provide that they expire at a stated time unless earlier validated and confirmed. However, in the light of their purpose (to prevent expiry), the effect of the validations in clauses 12 and 14 is limited by clause 4.