Legislation Guidelines: 2018 edition

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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 complaint
• Chapter 29 Including alternative dispute resolution clauses in legislation

Checklist