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New Legislative Guidelines

Published: 02-08-2001 Author(s): Professor Matthew Palmer, George Tanner, Richard Clark, Ellen France, The Hon Justice Robertson, Wendell Slatter, Phillippa Smith Pages: 90
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Author(s): Professor Matthew Palmer, George Tanner, Richard Clark, Ellen France, The Hon Justice Robertson, Wendell Slatter, Phillippa Smith
Published: 2 August, 2001
Pages: 90
   

The purpose of this seminar is to introduce the third edition of the Legislation Advisory Committee Guidelines.

There is time at this seminar only for a quick look at some parts of the Guidelines, but those wishing to have a more detailed understanding of them can:
  • purchase a copy from Bennetts Government Bookshop; or
  • access them on the Internet at: http://www.justice.govt.nz/lac/index.html

The Legislation Advisory Committee is a committee appointed by the Minister of Justice to, among other things:
  • provide advice to government departments on the development of legislative proposals;
  • make submissions to select committees on aspects of bills introduced to Parliament that raise public law issues;
  • help improve the quality of law-making by attempting to ensure that legislation conforms with the Guidelines and by discouraging the promotion of unnecessary legislation.

In this context, “legislation” means primary legislation (bills introduced to Parliament and the resulting Acts), secondary legislation (regulations and orders in council) and tertiary legislation (rules and notices).

The Guidelines are principally designed to assist the Government policy-makers, legal advisers and drafters who are responsible for developing new legislation, but will also be of interest to the many other persons who participate in the legislative process.

The Cabinet Manual requires ministers and departments to adhere to the Guidelines or give the reasons why not. To assist departments, the Guidelines include a checklist of the issues they deal with. A copy of this checklist is attached.

It is intended that the Guidelines will be periodically reviewed to enhance their usefulness. Suggestions for additions or amendments will be welcomed at any time by the Committee.

The Guidelines will be republished from time to time when substantial additions or amendments are made, but the latest up to date version will always be available on the Internet.

The purpose of these seminar notes is to outline the topics to be discussed at the seminar. The notes will be expanded on by the speakers, who will also discuss practical examples of the application of the Guidelines.

 

Richard Clarke
Barrister
Wellington

 

Content outline

  • LAC guidelines
  • Translating policy into legislation
  • Fundamental legal principles: consistency with basic principles and existing law
  • Legislation drafting - some practical issues
  • Legislation drafting - some practical issues: primary, secondary and tertiary legislation
  • Enforcement and remedies
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