39 Citing Statutes and Secondary Legislation
Melanie Lovich and Theresa Buller
When citing legislation, you will need to determine first:
- whether you wish to cite an Act or a particular section or sections of an Act;
- whether you wish to cite a piece of secondary legislation or a particular regulation, rule or clause within the piece of secondary legislation.
When citing New Zealand statutes and secondary legislation, follow rule 4.
Citing Statutes in Footnotes
When citing statutes, follow rule 4.1.
Citing a whole Act
When citing an Act, include the following information:
- name of the Act;
- the year the Act was enacted.
Format for Citing Acts
| Name of the Act | Year the Act Was Enacted |
|---|---|
| Constitution Act | 1986. |
Example: Constitution Act 1986.
Citing a section or sections of an Act
When citing a section or sections of an Act, include the following information:
- name of the Act;
- the year the Act was enacted;
- the section number or numbers [section is abbreviated to s – other abbreviations such as part are listed at rule 4.1(d)].
Format for Citing Sections of an Act
| Name of the Act | Year the Act Was Enacted | Section (Pinpoint Reference) |
|---|---|---|
| Constitution Act | 1986, | s 16. |
Example: Constitution Act 1986, s 16.
If you want to cite sequential sections, indicate the first and last sections in your citation. For example, when citing ss 16 through 18 of the Constitution Act, note the first (16) and last (18) sections and link them with an en dash (–).
Constitution Act 1986, ss 16–18.
If you want to cite non-sequential sections, include each section number. For example, when citing ss 6 and 10 of the Constitution Act, note both sections and use a comma to indicate they are non-sequential.
Constitution Act 1986, ss 6, 10.
Citing Secondary Legislation in Footnotes
Secondary legislation includes:
- Regulations;
- Rules;
- Orders;
- Instruments in their own right.
When citing secondary legislation, follow rule 4.3 and include the following information:
- name of the regulation, rule, order or instrument;
- the year the regulation, rule, order or instrument was enacted;
- the regulation number or numbers [regulation is abbreviated to r – other abbreviations such as part are listed at rule 4.1(d)].
Format for Citing Secondary Legislation
| Title | Year the Legislation Was Enacted | Pinpoint Reference (If Required) |
|---|---|---|
| High Court Rules | 2016, | r 1.16 |
Example: High Court Rules 2016, r 1.16.
Citing Statutes Within Your Text
When citing legislation or secondary legislation within the main text, you can give a full reference to the statute or secondary legislation. Do not include a footnote reference as described above if the title and the year the Act was enacted are already included in the text. A footnote may be needed, however, if you are referring to a particular section, sections or regulation.
See rule 2.3.1(a)(ii) for an example of how to cite an Act within your text. This same example applies to citing secondary legislation within your text.
