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Inquiry into oversight of disallowable instruments

07 March 2014

Media release – Select Committee Office

Inquiry into oversight of disallowable instruments that are not legislative instruments

Public submissions are being invited on this inquiry. The closing date for submissions is Monday 31 March 2014.

The Regulations Review Committee has initiated an inquiry into oversight of disallowable instruments that are not legislative instruments (DINLIs).

Parliament may delegate its lawmaking power to other persons or bodies by authorising the making of delegated legislation. DINLIs are a category of delegated legislation.

Prior to the advent of the Legislation Act 2012, they were known as deemed regulations.
The practice of deeming instruments as regulations has existed for over twenty years.

The Regulations Review Committee considers it is timely to assess how DINLIS are made and notified.

The terms of reference are for the inquiry to consider:
1. Difficulties with easily identifying instruments as DINLIs, including:
• instruments not identifying themselves as DINLIs in the Gazette;
• instruments not being presented to the House in accordance with statutory requirements;
• instruments presented to the House not being separately categorised as DINLIs on the parliamentary website.
2. What guidance is currently available to entities that have authority to make DINLIs about how to make and notify DINLIs, and whether further guidance about good practice might be helpful.
3. Any implications for the process of making and notifying DINLIs that arise from the repeal of the Regulations (Disallowance) Act 1989 and the coming into force of the Legislation Act.

Submissions should be forwarded by the due date, either online using our website (www.parliament.nz) or in writing to the address below. If a submitter wishes to appear before the committee, they need to state this clearly and provide a name, daytime phone number and email address. Submissions generally become public and are published on our website. For further guidance on making a submission, read our publication Making a submission to a Parliamentary Select Committee on our website or contact us at
04 817 9520.

Address for correspondence: Regulations Review Committee, Parliament Buildings, WELLINGTON 6160.

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