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Subordinate Legislation Confirmation Bill
Explanatory note

pose: to update, and make more workable, the existing framework within which annual confirming Bills must now be enacted.

The Bill amends the Legislation Act 2012 and contains related amendments to a number of statutes. The Bill is thus not a routine confirmation and validation Bill under—

Standing Order 262(1)(a) (types of omnibus bills that may be introduced); or

Standing Order 325 (truncated procedure for confirmation and validation bills).

The Bill is not omnibus in nature, because it relates to one subject area only (Standing Order 260). But the Bill is subject to the standard legislative procedure under the Standing Orders, not the truncated procedure under Standing Order 325.

The new standard confirmation provisions (see clause 24, inserting new sections 47C and 47D in the Legislation Act 2012) do not refer to validation (that is, formal validation to prevent lapse), but only to confirmation, by Act. Annual confirmation Bills following enactment of Part 2 will, therefore, if simply confirming confirmable instruments, not need to refer to validation (for example, in their titles).

This Bill can, but need not, be divided (under Standing Order 294 or 309) into the following 2 Bills:

Part 1—Subordinate Legislation (Confirmation and Validation) Bill:

Part 2—Legislation (Confirmable Instruments) Amendment Bill.

Minister of Finance’s statement on consultation process followed in formulation of amendment to New Zealand Superannuation and Retirement Income Act 2001 included in Subordinate Legislation Confirmation Bill


Introduction

Section 73 of the New Zealand Superannuation and Retirement Income Act 2001 (the Act) provides that the Minister must, on introduction into the House of Representatives of a Government Bill that proposes an amendment to the Act, bring to the attention of the House the consultation process followed in formulating the proposed amendment. The term Minister, for the purposes of section 73, is defined in section 5 of the Act as the Minister of Finance. The statement must include (without limitation)—

whether consultation has taken place with the parties that are in agreement with the Part proposed to be amended (as listed in Schedule 4 of the Act):

whether consultation has taken place with the Guardians of New Zealand Superannuation (to the extent that the amendment relates to Part 2 of the Act):

the results of the consultation.

This Bill proposes amendments to Part 1 of the Act. The amendments replace existing confirmation provisions in the Act with new confirmation provisions in the Legislation Act 2012. The existing and new provisions apply to the same orders. But the new provisions standardise the period within which a confirming Act may be enacted. A confirming Act is enacted to prevent the orders from ceasing to have effect (or to pre-