GUIDELINES ON PROCESS & CONTENT OF LEGISLATION

The Legislation Advisory Committee Guidelines on Process and Content of Legislation is a guide to making good legislation. They are designed to set out central aspects of the process and elements of the content of legislation that should always be addressed when creating legislation.

The Guidelines have been written by members of the LAC and experts from outside the committee. The Guidelines have been approved by Cabinet. Ministers and their officials are required to advise the Cabinet Legislation Committee of the steps they have taken to comply with the Guidelines.

Set out below is a link to the updated full text of the LAC Guidelines (this version is up-to-date and includes both the 2001 edition and all subsequent amendments made to the guidelines).

Guidelines on Process and Content of Legislation - 2001 edition and amendments full text (Adobe Acrobat v5 PDF 869KB)

List of updates:

2012

2007

2006

2003

Foreword

Acknowledgements

Introduction

CHECKLIST 

SECTION 1: THE PROCESS OF DEVELOPING LEGISLATION

Chapter 1 Means of achieving the policy objective

Chapter 2 Understandable and accessible legislation

SECTION 2: CONSISTENCY WITH BASIC PRINCIPLES AND EXISTING LAW

Chapter 3 Basic principles of New Zealand's legal and constitutional system

Chapter 3a Statutory interpretation

Chapter 4 New Zealand Bill of Rights Act 1990 and Human Rights Act 1993

Chapter 5 Principles of the Treaty of Waitangi

Chapter 6 International obligations and standards

Chapter 7 Relationship to existing law

SECTION 3: PARTICULAR ISSUES

Chapter 8 Creation of a new public power

Chapter 9 Creation of a new public body

Chapter 10 Delegation of legislative power

Chapter 10a The exercise of delegated legislative power

Chapter 11 Remedies 

Chapter 12 Criminal offences

Chapter 13 Appeal or review

Chapter 14 Powers of entry and search

Chapter 15 Powers to require and use personal information

Chapter 16 Cross border issues

Chapter 17 Bills after introduction

Chapter 18 Alternative Dispute Resolution (ADR)

Appendix 1 Requirements for instructions for preparation of legislation

Appendix 2 New Zealand Bill of Rights Act 1990

Appendix 3 Treaties

Appendix 4 Principles for incorporation by reference

Appendix 5 Controls over regulations

Appendix 6

Bibliography

Terms of Reference, Membership, Letter of Transmittal

Legislation Advisory Committee
C/- Ministry of Justice, PO Box 180, Wellington
ISBN 0-477-07625-4

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