Parliamentary Counsel Office will oversee the cleanup along with the Department of Internal Affairs
The government is set to repeal over 150 out-of-date laws in line with a statutory spring clean initiative, announced attorney-general Chris Bishop.
At present, 152 obsolete Acts have been earmarked for repeal. The laws were selected after careful review and consultation with relevant organisations, agencies, councils and stakeholders.
The Parliamentary Counsel Office is spearheading the cleanup, with the Department of Internal Affairs handling local laws.
“New Zealand’s statute book is full of fascinating relics from another era. Some are historically important. Some are genuinely bizarre. And quite a few are technically still in force despite almost nobody realising they still exist”, Bishop said. “We’ve got layer upon layer of legislation dating back more than 150 years – a legal lasagne, if you will”.
He noted that about half of the laws still being implemented had been passed in the 1840s-1960s. He added that outdated legislation had at times led to confusion in court.
“One example is the Wellington Milk-Supply Act 1919, which established a council-controlled licensing regime for milk vendors in the capital, and makes it illegal to sell skim milk within the city boundaries. The law is so old and obscure that Wellington City Council was almost dragged into court in 2021 after a lawyer, Tyrone Barugh, asked it to issue a milk licence under the Act. The council and Mr Barugh avoided the matter going to court on the basis that they would work together to encourage the government to repeal the Act for legal certainty”, Bishop said.
He pointed to The Dunedin City Fish-markets and Empowering Act 1918, the Kaitangata Relief Fund Transfer Act 1892, the Caledonian Society Of Otago Incorporation Ordinance 1874, and the Joint Council of the Order of St John and the New Zealand Red Cross Society Incorporation Act 1938 are other examples of legislation that were important to New Zealand’s history but are no longer applicable. He explained that these laws would remained enshrined in the New Zealand Legislation website after repeal.
“The point of this project isn’t to wipe away history. It’s about making New Zealand law easier to navigate and easier to understand, while preserving these stories for future generations”, Biship said. “Part of being a responsible government focused on fixing the basics is making sure New Zealand’s laws are fit for purpose”.
The government has opened up public consultation on the Acts to be appealed; the window for feedback submission closes on 31 July. The government will launch another consultation later this year.
Submissions will be evaluated to confirm the laws’ suitability for repeal; subsequently, the Parliamentary Counsel Office will draft a bill to repeal them. The bill will be introduced to parliament and then undergo examination by a select committee.
The government provided the full list of Acts set for repeal on its website.
