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Digest No. 1822

Regulatory Reform (Repeals) Bill 2010

Date of Introduction: 25 November 2010
Portfolio: Regulatory Reform
Select Committee: As at 29 November, 1st Reading not held.
Published: 29 November 2010byJohn McSoriley BA LL.B, Barrister,Legislative AnalystP: (04) 817-9626 (Ext. 9626)F: (04) 817-1250Public enquiries:Parliamentary Information Service: (04 817-9647) Caution: This Digest was prepared to assist consideration of the Bill by members of Parliament. It has no official status.Although every effort has been made to ensure accuracy, it should not be taken as a complete or authoritative guide to the Bill. Other sources should be consulted to determine the subsequent official status of the Bill.

Purpose

The aim of the Bill is to repeal “31 Acts that have been identified as spent, meaning they no longer have any actual effect, or have very limited effect, and are out of date” [1]   .

Background

This Bill is introduced under Standing Order 259(b).

Standing Order 259 provides as follows:

“Other omnibus bills

An omnibus bill to amend more than one Act may be introduced if—

  1. the amendments deal with an interrelated topic that can be regarded as implementing a single broad policy, or

  1. the amendments to be effected to each Act are of a similar nature in each case, or

  1. the Business Committee has agreed to the bill’s introduction as an omnibus bill”.

Standing Order 259(b) appears to have been used occasionally for the making of similar amendments to Patents, Copyright, Layout Design, Animal Varieties and other intellectual property Acts which implemented an international covenant. A particular previous use of Standing Order 259(b) was the Statutory References Bill which accompanied the Civil Union Bill.

Standing Order 259(b) has not been often used as it is in this Bill which repeals Acts quite disparate in nature with the common purpose being merely repeal as such. But the amendment to be effected to each Act (i.e. repeal) is certainly “of a similar nature in each case”.

Many of the Acts being repealed are themselves Acts which have repealed other Acts and therefore in themselves do not regulate. But those repeal Acts do not have to remain on the statute book as any on-going legal effects of repealed statutes (even of repealed repealing statutes) are preserved by the Interpretation Act 1999.

The Acts amended represent interesting souvenirs of various previous Government initiatives over 126 years.

Main Provisions

Acts repealed

The Bill repeals the following Acts:

  • Aid to Water-power Works Act 1910 (1910 No 25);
  • Air Facilitation Act 1993 (1993 No 6);
  • Air Facilitation (Domestic Passengers and Cargo) Act 1994 (1994 No 100);
  • Apple and Pear Industry Restructuring Act Repeal Act 2001 (2001 No 50);
  • Appropriation (Parliamentary Expenditure Validation) Act 2006 (2006 No 50);
  • Banking Act Repeal Act 1995 (1995 No 32);
  • Business Development Boards Act Repeal Act 2003 (2003 No 64);
  • Chateau Companies Act 1977 (1977 No 4);
  • Clerks of Works Act Repeal Act 1992 (1992 No 128);
  • Companies (Bondholders Incorporation) Act 1934–35 (1934–35 No 39);
  • Cornish Companies Management Act Repeal Act 1994 (1994 No 25);
  • Development Finance Corporation of New Zealand Act 1986 (1986 No 129);
  • District Railways Purchasing Act 1885 (1885 No 52);
  • Economic Stabilisation Act Repeal Act 1987 (1987 No 126);
  • Electoral Referendum Act 1993 (1993 No 86);
  • Export Guarantee Act 1964 (1964 No 50);
  • Ministry of Transport Act Repeal Act 1990 (1990 No 101);
  • New Zealand Institute of Journalists Act 1895 (1895 No 7);
  • New Zealand Planning Council Dissolution Act 1991 (1991 No 97);
  • New Zealand Shipping Company (Limited) Empowering Act 1884 (1884 No 4 (P));
  • Petroleum Demand Restraint (Regulations Validation and Revocation) Act 1981 (1981 No 116);
  • Petroleum Sector Reform Act 1988 (1988 No 95);
  • Phosphate Commission of New Zealand Dissolution Act 1989 (1989 No 131);
  • Potato Industry Act Repeal Act 1988 (1988 No 122);
  • Poultry Board Act Repeal Act 1989 (1989 No 4);
  • Private Savings Banks (Transfer of Undertakings) Act 1992 (1992 No 21);
  • Public Contracts Act Repeal Act 1994 (1994 No 55);
  • Quantity Surveyors Act Repeal Act 1992 (1992 No 129);
  • Shipping Corporation of New Zealand Act Repeal Act 1988 (1988 No 154);
  • Synthetic Fuels Plant (Effluent Disposal) Empowering Act 1983 (1983 No 38);
  • Treasurer (Statutory References) Act 1997 (1997 No 20) (Clause 3 and Schedule to the Bill).

Commencement and repeal

When this Bill is passed it will automatically self-destruct as it provides that it is itself repealed on the day that is 28 days after the date on which it comes into force. It comes into force on the day after the date on which it receives the royal assent (Clauses 4 and 2).

Copyright: © NZ Parliamentary Library, 2010
Except for educational purposes permitted under the Copyright Act 1994, no part of this document may be reproduced or transmitted in any form or by any means, including information storage and retrieval systems, other than by Members of Parliament in the course of their official duties, without the consent of the Parliamentary Librarian, Parliament Buildings, Wellington, New Zealand.This document may also be available through commercial online services and may be viewed and reproduced in accordance with the conditions applicable to those services.

  1. Regulatory Reform (Repeals) Bill, 2010 No 249-1, Explanatory note, General policy statement, p. 1.   [back]