18 Structure of an Act
Tracey Thomas and Theresa Buller
The structure of most New Zealand Acts is consistent, starting with the preliminary section and separated into parts, sections and sometimes schedules.
As an example, the image below shows part of the printed copy of the Legislation Act 2019.
The preliminary section of an Act generally follows the format set out in the example and provides useful information about the Act.
Jurisdiction – this is apparent on the front page of the Act by the display of the New Zealand coat of arms.
Act number – a numbering system based on the calendar year. Eg, 2019 No 58 is the 58th public Act of 2019.
Title – this is the name of the Act together with the year it was passed by Parliament. This is usually stated in section 1 of the Act.
Commencement date – usually found in section 2 and provides information about when the Act becomes law. This is discussed in greater detail below.
Date of Assent – this is also referred to as Royal Assent and is generally published on the title page of the Act when it is passed.
Commencement
Acts will not come into force until the commencement date. It is possible for an Act (or parts or sections) to be passed in Parliament and enacted by Royal Assent and not yet commenced. Sometimes different sections of an Act commence at different times. Knowing how to check whether an Act is in force and which sections have commenced is an important legislative research skill.
Commencement information is often found in the Act itself within section 2; however, this may be a general statement rather than a specific date, stating that the Act will commence:
- upon receiving Royal Assent from the Governor-General (the Sovereign’s representative in New Zealand);
- on a specified date;
- on a date to be proclaimed (in the future);
- in relation to another piece of legislation;
- the default date of 28 days after receiving Royal Assent.
It can also be prudent to check towards the end of longer legislation for a part or sub-part of the Act labelled “Transitionary Provisions” containing further specific dates for sections coming into force.
Currency and Versions
It is important to know how up to date an Act is when you are using it. Check for a date on the front page of the Act that states “Version as at…”
During the currency of an Act, it may be changed by amending Acts passed by Parliament. When a version of an Act is produced that incorporates these changes, it is referred to in various ways:
- version;
- consolidation;
- reprint.
If some time has passed since the compilation was prepared, amendments might have been made to the Act that have not yet been incorporated into the version to which you are referring.
Acts as enacted are Acts in their original form. That is, as they were passed in the Parliament.
Amendment Act is an Act that alters the operation of an earlier Act (or sections of an Act) through substitution, insertion, omission or repealing.
Principal Act refers to an Act that deals with a particular topic and whose main job is not to amend another Act.
Consolidation (earlier known as Reprint) is a version of an Act that incorporates all amendments made to it as at the date of publication of the consolidation.
Repealed Acts are no longer enforced as law. Acts can only be repealed by a subsequent new Act or an amendment Act passed by Parliament that includes repealing sections.
Locating and using the latest updated official version of an Act in force is an important task for most legal-research projects. Some legal-research projects may also require tracking the legislative history of an Act, which involves locating the earlier versions and consolidations to find the version that was in force at a particular date and comparing the differences.
Always check the currency of an Act by searching on the New Zealand legislation website and locating the “Version as at …” date at the top of the Act. This is a consolidation version of an Act incorporating amendments made to the Act as at the date of publication of that version of the Act. Amendments that are not yet in force might not yet be incorporated into the latest version that you are viewing, although the official New Zealand Legislation website usually includes warnings on a principal Act when there are amendments yet to commence at a future date. Newer legislation on the New Zealand legislation website without the “Version as at…” date at the top of the Act indicates that it is the original “as enacted” version without any amendments.
If looking at an Act on one of the subscription databases, the editorial notes also include warnings when there are amendments yet to come into force.
