Appendix C: Preliminary procedures for private bills and local bills and local legislation bills

PRIVATE BILLS AND LOCAL BILLS

1        Notice to be given

The promoter of a private bill or a local bill must give written notice of the intention to introduce the bill before the bill can
be introduced.

2        Form and content of notice

(1)     Every notice must be headed with the title by which the Act is to be known.

(2)     The notice must state—

(a)     that it is the intention of the promoter to promote the bill, and

(b)     the objects of the bill, and

(c)     the postal address of the promoter, or the promoter’s solicitor or agent, to which communications may be sent, and

(d)     the address of the promoter, or other place specified in clause 7, at which a copy of the bill may be inspected, and

(e)     the website on which a copy of the bill is publicly available, and

(f)      the dates of the period during which the bill will be available for inspection.

3        Publication of notice

(1)     A notice must be published at least once in each of two consecutive calendar weeks,—

(a)     if for a private bill, in a daily newspaper circulating in each of the cities of Auckland, Hamilton, Wellington, Christchurch, and Dunedin:

(b)     if for a private bill affecting any land or if for a local bill—

(i)      in one or more daily newspapers circulating in the locality in which the land is situated or the region or district of the local authority, or

(ii)     in one or more other newspapers that have at least an equivalent circulation in that locality or region or district to the daily newspapers circulating in that region or district.

(2)     The promoter or the promoter’s solicitor or agent must ensure that the notice is publicly available on a website that is maintained by or on behalf of the promoter or the promoter’s solicitor or agent, for at least two calendar weeks after the day on which the notice is first published under paragraph (1).

4        Notice to persons with direct interest

(1)     The promoter of a private bill or local bill must give notice to every person who, to the knowledge of the promoter, has a direct interest in the subject-matter of the bill or in the exercise of any power proposed to be given by the bill.

(2)     Without limiting the generality of paragraph (1), notice must
be given,—

(a)     if the bill may affect the public revenues or the rights and prerogatives of the Crown, to the Secretary to the Treasury and the Solicitor-General:

(b)     if the bill proposes to modify, restrict, repeal, or amend the provisions of an Act of Parliament, to the chief executive of the Government department or agency charged with the administration of that Act:

(c)     if the bill may affect liability under an Inland Revenue Act, to the Commissioner of Inland Revenue:

(d)     if the bill may affect liability to excise duty or a related duty, to the chief executive of the New Zealand Customs Service:

(e)     if the bill involves the alienation or disposal of Crown land or the exchange of Crown land for other land, to the Commissioner of Crown Lands:

(f)      if the bill affects land administered under enactments for the time being relating to reserves, national parks, conservation areas, or otherwise for conservation purposes, to the chief executive of the responsible department:

(g)     if the bill relates to the transfer of title to land, to the Registrar-General of Land:

(h)     if the bill affects a charitable trust, to the Solicitor-General:

(i)      if the bill affects the incorporation or registration of any body corporate, to the relevant registering authority.

5        Notice to constituency members of Parliament

(1)     The promoter of a local bill must give notice to every member of Parliament for a General or Māori electoral district whose constituents may be affected by the provisions of the bill.

(2)     The chief executive of the promoter of a local bill must certify that each such member, by name, has been given notice, and the certificate must—

(a)     specify the date on which notice was given, and

(b)     be signed by the chief executive, and

(c)     be dated.

6        Delivery of notices

(1)     Notice is given under clause 4 or 5 by—

(a)     having it delivered to the person or the office of the department or agency concerned, or

(b)     posting it, or delivering it by courier, to that person’s last known address or address for service or to the chief executive of that department or agency at the department’s or agency’s official address, or delivering it to a document exchange which that person or department or agency
uses, or

(c)     sending it as an electronic communication (for example, by facsimile or email message) to that person or the chief executive of that department or agency.

(2)     Any notice delivered or sent may be included in or with any other document provided that it is given reasonable prominence.

7        Deposit and inspection of bill

(1)     At the time of the first publication of notice of a bill, a copy of the bill must be deposited,—

(a)     in the case of a private bill, in the office of the promoter or the promoter’s solicitor or agent, or

(b)     in the case of a local bill, in a public library or a service centre.

(2)     Each copy of the bill must be open to public inspection during the usual business hours of the place of deposit, without fee, for a period of not less than 15 whole working days.

(3)     The promoter or the promoter’s solicitor or agent must also ensure that a copy of the bill is publicly available on a website that is maintained by or on behalf of the promoter or the promoter’s solicitor or agent for the period specified in subclause (2).

8        Certification of deposit of bill

(1)     The fact that a copy of the bill was deposited and remained open for public inspection must be certified by—

(a)     the promoter, or

(b)     the promoter’s solicitor or agent, or

(c)     the promoter’s chief executive.

(2)     Each certificate must—

(a)     state the first and last whole days on which the copy of the bill was open for public inspection, and

(b)     be written directly on the copy of the bill and may not be separate from it, and

(c)     be signed by the relevant person over his or her designation, and

(d)     be dated.

9        Bills dealing with land

(1)     Where it is intended in any private bill or local bill to take power to deal with any land, a description of the land together with a true copy of the plan of the affected land must be prepared. Both the description and any true copy of the plan of the land must be certified as correct by the chief executive of the department of State responsible for the administration of the Cadastral Survey Act 2002 (the chief executive) or by any other person to whom that power has been delegated by the chief executive.

(2)     A true copy of the plan is not required if the chief executive or delegate certifies that the bill proposes to deal—

(a)     with the whole or the residue of the land comprised in any certificate of title issued under the Land Transfer Act 1952 or any computer register created under that Act:

(b)     with land previously dealt with and separately described in any statute, ordinance, Proclamation, declaration, notice, or Order in Council:

(c)     with the whole of the land comprised in a separate lot or other surveyed subdivision which is shown on a plan deposited in the relevant Land Information New Zealand office in accordance with the provisions of the Land Transfer Act 1952 or lodged with the chief executive or with any other person to whom the power to receive such a lodgement has been delegated by the chief executive.

(3)     The plan is to be—

(a)     in a form specified in rules made under the Cadastral Survey Act 2002:

(b)     lodged in the relevant Land Information New Zealand office and endorsed by the chief executive, or by a person to whom that power has been delegated by the chief executive, with the words “approved for parliamentary purposes”.

(4)     All copies of the certified descriptions and plans must be made available for inspection with the deposited copies of the bill.

10      Certification of deposit of plans

All deposited descriptions and plans of the land dealt with in the bill must be certified in the same manner as for each deposited copy of the bill.

11      Forwarding of bills, plans, and other documents

(1)     Each deposited copy of the bill as certified, together with copies of any descriptions of land and plans, as required, copies of notices, and certificates are forwarded to the Clerk.

(2)     The documents are attached to the declaration for the bill.


12      Currency of proposed bill

The copies of the bills and other documents referred to in
clause 11 must be lodged with the Clerk within six months of the first publication of the notice of the bill.

13      Fees

(1)     The fee payable by the promoter of a bill is $2,000 (including goods and services tax) and accompanies the documents forwarded under clause 11.

(2)     The fee is made payable to the Clerk of the House of Representatives, and applied to defraying general administrative expenses incurred in respect of the promotion and printing of private bills and local bills.

14      Refunds

(1)     If the select committee which considers a private bill recommends to the House that a refund be made on the ground of hardship, the House may direct that the whole or any part of the fee be refunded to the promoter.

(2)     Every refund directed by the House is made accordingly by the Clerk.

15      Declaration for private bill or local bill

The promoter of a private bill or a local bill must make a declaration to the House relating to the bill for introduction.

16      Form and content of declaration for private bill or local bill

The declaration must conform, in general, to the following form and contain all matters specified in it, and have attached to it the relevant notices:

DECLARATION FOR A PRIVATE BILL LOCAL BILL

To the House of Representatives

I, [full name of representative, and position] declare that—

1          The [name of promoter or local authority] respectfully requests that [title of bill] (the deposited copies of which are attached) be introduced into the House.

2          The reasons for the bill are—

[list the reasons].

3          The objects of the bill are—

[list the objects, including any in a preamble or purpose clause].

4          The objects of the bill cannot be attained otherwise than by legislation because [give reasons].

or

The objects of the bill can be attained otherwise than by legislation but [give reasons why legislation sought].

5          Notice of the bill has been published in two consecutive calendar weeks in issues of [name(s) of newspaper(s)] on [dates] on page(s) [give numbers] (copies of which notices are attached). A copy of the bill was publicly available at [name of website] for the same period.

6          Notice of the bill was given to the following persons who have a direct interest in the subject-matter of the bill or in the exercise of a power proposed to be given by the bill:

[name and address of natural or legal person, including person specified in clause 4(2) of this Appendix], who is affected by clause [give reference] of the bill because [give reason].

[etc.]

(copies of which notices are attached).

[Signature]

[Name of signatory]

[Date]

17      Examination and endorsement of bills and documents

(1)     The Clerk examines the bill and other documents required to be forwarded to the Clerk to ensure that the Standing Orders have been complied with.

(2)     If the Standing Orders appear to have been complied with,
the Clerk—

(a)      endorses the declaration for a private bill or a local bill “Standing Orders complied with”, and

(b)     signs and dates that endorsement.

(3)     If the Standing Orders appear not to have been complied with, the Clerk returns the documents and the fee to the promoter.

LOCAL LEGISLATION BILLS

18      Initiation of clauses in Local Legislation bills

(1)     Any local authority may apply to the Minister of Local Government for preliminary consideration and provisional approval of a clause or clauses to be included in a Local Legislation Bill.

(2)     Every application must be accompanied—

(a)      by a draft of the proposed clause or clauses, and

(b)     by a certificate signed by the chief executive of the local authority certifying that every member of Parliament, by name, for a General or Māori electoral district whose constituents may be affected by the proposed legislation, has been provided with a copy of the proposed clause or clauses, together with a notice in writing stating that it is the intention to apply for their inclusion in a Local Legislation Bill.

(3)     The certificate must—

(a)      specify the date on which notice was given, and

(b)     be signed by the chief executive, and

(c)      be dated.

(4)     A copy of the proposed clause or clauses and the notice is given to such a member by—

(a)      personal delivery, or

(b)     post, or delivery by couriers, or delivery to a document exchange which the member uses, or

(c)      an electronic communication (for example, by facsimile or email message) to the member.

19      Repeal of spent local legislation

The Minister may also include in a Local Legislation Bill a clause or clauses repealing any spent local Act, any spent Local Legislation Act, or any spent provisions contained in a Local Legislation Act.

20      Objections

The Minister must transmit to the select committee that considers a Local Legislation Bill a copy of any objection received by the Minister to any clause included in the bill.

21      Clauses provisionally approved by Minister may be included in bill

When the Minister has provisionally approved a clause or clauses, these may be included in a Local Legislation Bill.

22      How further clauses dealt with

If a Local Legislation Bill is already before the House, a further clause or clauses for inclusion in the bill may, after being provisionally approved by the Minister, be placed upon a Supplementary Order Paper by the Minister, and may be considered by the select committee that is considering the bill.

23      Provisional approval by Minister and report by committee essential

(1)     No Local Legislation Bill may be passed by the House and no clause or clauses added to any Local Legislation Bill unless they have been provisionally approved by the Minister and reported on by a select committee.

(2)     Despite paragraph (1), a new clause may be inserted that is in substitution for, incidental to, or consequential upon a clause which has been provisionally approved by the Minister and reported on by a select committee.