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:
- Chapter 10: Delegated legislation Part 1
- Chapter 18: Alternative dispute resolution (ADR) - access model ADR clauses
- Appendix 6: Some existing statutory provisions for ADR
- Chapter 7, Part 4: Are Savings or Transitional Provisions Required?
- Chapter 9: Creation of a New Public Agency
- Chapter 13, Part 6: Does the Legislation Give Sufficient Guidance as to the Applicable Requirements, if any, of Natural Justice?
- Chapter 15: Privacy and the Fair Handling of Personal Information
- Chapter 3A: Statutory Interpretation
- Chapter 4: Bill of Rights Act and Human Rights Act
- Chapter 10: Delegation of Law-making Power
- Chapter 10A: Delegation of Law-making Power
- Chapter 11, Part 4: What should the Limitation Period for Civil Remedies Be?
- Chapter 12, Paragraph 12.5.3: Guidelines for Infringement Offences
- Chapter 12, Part 6: What is the Appropriate Limitation Period for Criminal Offences?
- Chapter 13: Appeal and Review
- Chapter 16: Cross-Border Issues
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
Legislation Advisory Committee
C/- Ministry of Justice, PO Box 180, Wellington