4.3 SECONDARY LEGISLATION

4.3.1 Legislative instruments

Legislative instruments were previously known as statutory regulations. Most legislative instruments are Orders in Council (instruments made by the Governor-General in Executive Council). Orders in Council may be:

• regulations;

• rules;

• orders; or

• instruments in their own right.

Orders in Council that are instruments in their own right should be cited to the New Zealand Gazette in accordance with rule 4.3.2.

The format for citing legislative instruments is as follows:

Element	Title	Year	Reference
Example	Costs in Criminal Cases Regulations	1987	, reg 3
Rule	4.3.1(a)	4.3.1(b)	4.3.1(c)

Note that at the date of publication of this guide, the Legislation Bill 2017 (275-1) is before Parliament. This Bill will have the effect of renaming legislative instruments and other instruments as secondary legislation. This will not affect the method of citation.

(a) Title

Give the title of the instrument exactly as it appears in the official version.

(b) Year

Give the year the instrument was enacted.

(c) Pinpoint reference

A pinpoint reference to a regulation uses the abbreviation “reg” and “regs” for regulation and regulations respectively.

A pinpoint reference to a rule uses the abbreviation “r” and “rr” for rule and rules respectively.

A pinpoint reference to an order uses the abbreviation “cl” and “cls” for clause and clauses respectively.

4.3.2 Instruments in their own right

Some Orders in Council are instruments in their own right; that is, they are not legislative instruments.

Such Orders in Council are usually published in the New Zealand Gazette. Cite them in accordance with rule 5.2.4.

4.3.3 Court rules

Most rules of court are made by Order in Council. Cite them in accordance with rule 4.3.1. A reference to a rule uses the abbreviation “r” or “rr” in the plural.

4.3.4 Other instruments or DINLIs

Other instruments were previously known as deemed regulations. Other instruments are instruments made under empowering legislation that are disallowable instruments under s 38 of the Legislation Act 2012 but are not legislative instruments. Because of this, they are also referred to as “disallowable instruments not legislative instruments” or “DINLIs”. They are made by ministers, officials, or organisations, rather than by the Governor-General in Executive Council. Examples of other instruments include most land transport rules, civil aviation rules, and a wide variety of other rules, codes and instruments.

As other instruments are made by a variety of people, they may take a variety of different forms. Other instruments should be cited as consistently as possible with the form of citation for legislative instruments in rule 4.3.1.

Access to other instruments is available through the New Zealand Legislation website at <www.legislation.govt.nz>. The website does not provide the full text of other instruments but does provide links to the appropriate external website where they are published.

Note that at the date of publication of this guide, the Legislation Bill 2017 (275-1) is before Parliament. This Bill will have the effect of renaming legislative instruments and other instruments as secondary legislation. This will not affect the method of citation.

4.3.5 Letters patent

Cite letters patent consistently with the rule for citing modern statutes (rule 4.1.4). Letters patent are divided into clauses that take the abbreviation “cl” or “cls” in the plural.

4.3.6 Proclamations

Proclamations are often published in the New Zealand Gazette. Cite them in accordance with rule 5.2.4. If the word “proclamation” does not appear in the title in the Gazette, include it at the start of the title so that it is clear that a proclamation is being cited.