Legislation Advisory Committee Guidelines, Dr Warren Young
Purpose
- Guide to making good legislation
- Cover both process and content
- Designed to ensure legislation is consistent, clear and
- in accordance with fundamental principle
Audience
- All those involved in preparation of legislation – from earliest formulation to final drafting
Status of Guidelines
- Approved by Cabinet
- Expectation that legislation will comply with them
- Non-compliance at policy formulation/drafting stage may cause problems in passage of legislation and implementation
Content
- 2001 edition and 2003 supplement
- In three parts:
(1) Process of developing legislation
(2) Consistency with basic principles and existing
law
(3) Particular issues
Process
Main questions are:
- Have policy objectives been clearly defined?
- Could the objectives be achieved without legislation?
- If not, is proposed legislation the right legislative vehicle?
- Has there been adequate consultation (about both problem and proposed solution)?
- Is there adequate time to prepare legislation properly?
Consistency
Main questions are:
- Is legislation consistent with rest of the statute book? Does it take into account Interpretation Act?
- Is it consistent with BORA and Human Rights Act?
- Has it addressed principles of Treaty of Waitangi?
- Does it comply with fundamental principles - natural justice, non-retrospectivity, protection of vested rights etc?
- Does it conflict with common law and how is that addressed?
- Is it consistent with international obligations?
Particular Issues
Covers:
- Creation of new public power
- Creation of new public body
- Delegation of law-making power
- Exercise of delegated powers
- Remedies
- Criminal offences
- Appeal or review
- Powers of entry and search
- Powers to require and use personal information