What is new and why was it done?

The New Chapters

Chapter 17 Bills After Introduction
Chapter 10.1 Delegated Legislation
Chapter 7.4 Savings and Transitional Provisions
Chapter 18 Alternative Dispute Resolution
Chapter 19 Creation of New Public Agency
Chapter 15 Privacy and Personal Information
Chapter 13.6 Natural Justice

The Act List

  • Significant policy
  • Controversial matter
  • Affecting human rights and freedoms
  • Social and economic rights
  • Imposing a tax
  • Abrogate or vary common law
  • Repeal or amend act of parliament
  • Offences, penalties, of serious nature
  • Create new agencies or offices
  • Retrospective changes to law

Regulations

  • Detail; machinery
  • Technical: specialised audience
  • Flexibility and speed of change
  • Emergency

Transitionals

  • Interpretation Act 1999 ss 17 – 21
  • S 18(1)

“The repeal…. does not affect the completion of a matter or thing or the bringing or completion of proceedings that relate to an existing right, interest, title, immunity, or duty.”

Commerce Amendment Act 2001

S 26 Nothing in this Act –

(b) affects any proceedings commenced before the commencement of this Act

Alternative Dispute Resolution

  • The different kinds
  • The questions to be asked

Creation of New Public Agency

  • Department of State
  • State enterprise
  • Office of Parliament
  • Crown entity
  • Public Finance Act 1989 sch 4

Privacy and Personal Information

  • Compliance with Privacy Act 1993
  • Public registers
  • Cross-border information flows
  • Data matching

Natural Justice

  • The appropriate procedural protections:
  • Prior notice
  • Disclosure of relevant material
  • Written or oral
  • Legal representation
  • Call witnesses; cross-examination
  • Reasons
  • Interpreter
  • Right of appeal

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