Legislation Guidelines: 2018 edition

Download a PDF containing all of the guidelines in one document: Full document [PDF, 1.9 MB]

Or browse the Legislation Guidelines by using the navigation below or the menu to the left.

The Legislation Guidelines replace the LAC Guidelines on Process and Content of Legislation (2014 edition).

Legislation Guidelines: 2018 Edition

What is the Legislation Design and Advisory Committee?

When and How to Use These Guidelines

Early Design Issues

• Chapter 1 Good legislative design
• Chapter 2 Defining the policy objective and purpose of proposed legislation
• Chapter 3 How new legislation relates to the existing law

Constitutional Issues and Recognising Rights

• Chapter 4 Fundamental constitutional principles and values of New Zealand law
• Chapter 5 The Treaty of Waitangi and Treaty settlements
• Chapter 6 New Zealand Bill of Rights Act 1990
• Chapter 7 Discrimination and distinguishing between different groups
• Chapter 8 Privacy and dealing with information about people

International Issues

• Chapter 9 Treaties and international obligations
• Chapter 10 Dealing with conduct, people, and things outside New Zealand

Issues Relevant to All Legislation

• Chapter 11 Applying an Act to the Crown
• Chapter 12 Affecting existing rights, duties, and situations and addressing past conduct
• Chapter 13 Statutory interpretation and the Interpretation Act 1999

Issues Particularly Relevant to Empowering Secondary Legislation

• Chapter 14 Delegating law-making powers
• Chapter 15 Other specific types of secondary legislation
• Chapter 16 Granting powers of exemption
• Chapter 17 Authorising the charging of fees and levies

New Powers and Entities

• Chapter 18 Creating a new statutory power
• Chapter 19 Requiring decision-makers to consult
• Chapter 20 Creating a new public body
• Chapter 21 Creating powers of search, surveillance and seizure

Compliance and Enforcement

• Chapter 22 Ways to achieve compliance and enforce legislation
• Chapter 23 Creating new, or relying on existing, civil remedies
• Chapter 24 Creating criminal offences
• Chapter 25 Creating infringement offences
• Chapter 26 Pecuniary penalties
• Chapter 27 Imposing time limits for enforcement

Appeal and Review

• Chapter 28 Creating a system of appeal, review, and complain
• Chapter 29 Including alternative dispute resolution clauses in legislation

Checklist