Download this Paper Open PDF in Browser

Deficiencies in New Zealand Delegated Legislation

30 Victoria University of Wellington Law Review 1, 1999

Victoria University of Wellington Legal Research Paper Series Palmer Paper No. 60

48 Pages Posted: 21 Jan 2013 Last revised: 24 Feb 2015

Sir Geoffrey Palmer QC

Victoria University of Wellington - Faculty of Law

Date Written: 1999

Abstract

In this article, the author, a former Minister of Justice and Prime Minister, examines the history and role of statutory regulations. Processes for reviewing regulations, especially through the Parliamentary Regulations Review Select Committee, have been significant in offering protection against undesirable regulation-making. The courts have played a lesser role in this regard and the author calls for them to be "a little more robust in their approach to delegated legislation". The development of a third tier of law-making, by the use of so-called "rules", is worrying, as these rules received the same scrutiny as regulations neither before nor after their making. The author recommends that either we abandon making such rules or we introduce processes which are more formal and transparent. At present, "the coherence of our legal system is threatened".

Keywords: delegated legislation, regulations, New Zealand legislation, legislative process

JEL Classification: K19

Suggested Citation

Palmer QC, Sir Geoffrey, Deficiencies in New Zealand Delegated Legislation (1999). 30 Victoria University of Wellington Law Review 1, 1999; Victoria University of Wellington Legal Research Paper Series Palmer Paper No. 60. Available at SSRN: https://ssrn.com/abstract=2204756

Sir Geoffrey Palmer QC (Contact Author)

Victoria University of Wellington - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

Paper statistics

Downloads
78
Rank
267,214
Abstract Views
375