Māori Status in New Zealand Law · Authority Ledger · Part 65 · Secondary legislation

Who lets Ministers, agencies or the Governor-General make regulations and rules?

Secondary legislation exists because an empowering Act authorises another person or body to make rules within defined limits. Parliament retains oversight through presentation, disallowance and, in some cases, confirmation procedures.

Regulations, Orders in Council, rules, notices and other forms of secondary legislation can have binding legal effect without being Acts passed clause by clause through Parliament. Their authority nevertheless has to be traced back to an empowering source.

Section 40 of the Legislation Act 2019 provides general authority-related rules for making secondary legislation where an Act confers the power. The Act also provides for parliamentary presentation and disallowance of most secondary legislation.

Delegated legislation cannot outrun its parent Act.The maker must stay inside the scope, purpose, procedure and limits of the empowering provision. A regulation is not valid merely because it has been signed or gazetted.

Authority holderGovernor-General in Council, Minister, agency, board or other statutory maker.

SourceThe empowering Act, read with the Legislation Act 2019.

Type of powerDelegated legislative authority.

ControlsUltra vires review, publication, presentation, House disallowance and confirmation where required.

Secondary legislation is therefore a delegated power chain: Parliament → empowering Act → authorised maker → instrument within statutory limits.

Primary statuteLegislation Act 2019, especially ss 40 and 113–127.

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