Key Takeaways
- In February the New Zealand Cabinet approved a targeted review of legislation, deciding to amend, repeal, or clarify references in a subset of acts rather than conduct a wholesale overhaul.
- Two laws will see specific sections amended: the Data and Statistics Act 2022 (s 14(a)) and the Hazardous Substances and New Organisms Act 1996 (s 8).
- Seven laws will have particular provisions repealed, including parts of the Education and Training Act 2020, the Energy Efficiency and Conservation Act 2000, the Organic Products and Production Act 2023, the Smokefree Environments and Regulated Products Act 1990, the Crown Pastoral Land Act 1998, and the Plant Variety Rights Act 2022.
- Ten additional statutes will retain certain references that must be taken into account in future drafting, spanning climate change, criminal justice, pastoral land, data and statistics, digital identity, education, exclusive economic zone, mental health, health futures, and water services legislation.
- The original scope of 28 pieces of legislation was narrowed to 19, with nine acts being examined through separate processes (e.g., Conservation Act 1987, Resource Management Act 1991).
- The government has committed to using both the English and Māori texts of the Treaty of Waitangi in all relevant provisions moving forward.
- Consultation with iwi is underway, and any legislation to enact the changes will proceed through a full select‑committee process.
- The article was reported by Adam Pearse, Deputy Political Editor of the NZ Herald’s Press Gallery team based at Parliament in Wellington.
Overview of the Legislative Review Initiative
In early 2024 the New Zealand Cabinet undertook a focused review of a range of statutes after identifying inconsistencies and outdated references within the legislative framework. Rather than launching a sweeping reform, the government opted for a targeted approach: amending specific sections, repealing others, and clarifying where certain references must be retained. The decision was announced publicly in April by the Herald, which noted that while the Cabinet had settled on the changes in February, the exact laws affected were not disclosed until later. This measured strategy reflects a desire to modernise the statute book without disrupting broader policy areas that are already under separate scrutiny.
Sections Slated for Amendment
Two acts will receive precise amendments. First, Section 14(a) of the Data and Statistics Act 2022 will be altered to improve the governance of data collection and dissemination, addressing concerns about privacy and the use of official statistics. Second, Section 8 of the Hazardous Substances and New Organisms Act 1996 is earmarked for revision to tighten controls around the introduction of new organisms and the management of hazardous materials, aligning the act with newer scientific assessments and international best practices. These amendments aim to close regulatory gaps that have emerged since the original enactments.
Provisions Marked for Repeal
Seven distinct provisions across six different acts are set to be repealed entirely. The Education and Training Act 2020 will lose Section 536A(1), a clause deemed redundant after recent reforms in tertiary funding. The Energy Efficiency and Conservation Act 2000 will see Section 6(d) removed, reflecting updated energy‑efficiency standards that are now covered elsewhere. In the Organic Products and Production Act 2023, both Sections 4 and 5(1)(b) will be repealed, streamlining certification processes for organic producers. The Smokefree Environments and Regulated Products Act 1990 will lose Section 3AB, a provision that has been superseded by newer tobacco‑control measures. The Crown Pastoral Land Act 1998 will have Section 84(b) excised, removing an outdated land‑use restriction. Finally, the Plant Variety Rights Act 2022 will drop Section 54, which dealt with a procedural detail now handled by administrative guidelines. Each repeal is intended to eliminate overlap, reduce compliance burdens, and clarify the legislative landscape.
References to Be Retained and Taken Into Account
Ten statutes will retain particular references that must be considered in future drafting and interpretation. Notably, Section 3A of the Climate Change Response Act 2002 remains relevant for aligning new policies with emissions‑reduction targets. The Criminal Cases Review Commission Act 2019 (Section 15(3)) will continue to guide oversight of potential miscarriages of justice. Sections 5 of the Crown Pastoral Land Act 1998, and Sections 4 and 14(a) of the Data and Statistics Act 2022 are preserved to ensure consistency in land‑management and statistical reporting. The Digital Identity Services Trust Framework Act 2023 keeps Sections 4(2) and 9, supporting secure digital authentication. In the Education and Training Act 2020, Sections 9 and 535B(a) stay active to maintain linkages between schooling and workforce development. Environmental provisions in the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (Sections 3(3)(c) and 12) are retained to safeguard marine ecosystems. The Mental Health and Wellbeing Commission Act 2020 preserves Sections 3(b)(i) and 9(1)(a) to uphold oversight mechanisms. Health‑related references in the Pae Ora (Healthy Futures) Act 2022 (Sections 5(1) and 6) and the Water Services Authority – Taumata Arowai Act 2020 (Sections 5(g)(i) and 19(1)(b)(i)) remain to ensure coordinated public‑health and water‑quality regulation. Keeping these references acknowledges their ongoing policy relevance while allowing the repealed or amended sections to be removed without creating legal vacuums.
Scope Adjustment and Parallel Processes
Initially, the government had earmarked 28 pieces of legislation for review. After an internal assessment, the number was trimmed to 19, reflecting a strategic focus on those statutes where the identified issues were most pronounced. Nine additional acts—namely the Conservation Act 1987, Crown Minerals Act 1991, Resource Management Act 1991, Harbour Boards Dry Land Endowment Revesting Act 1991, Hauraki Gulf Marine Park Act 2000, Urban Development Act 2020, and Kāinga Ora Homes and Communities Act 2019—will be examined through separate, ongoing processes. Finance Minister Grant Robertson (referred to in the source as Goldsmith) indicated that these acts are already subject to other review mechanisms, such as sector‑specific inquiries or treaty‑related consultations, thereby avoiding duplication of effort.
Treaty of Waitangi Commitment
A notable outcome of the review is the government’s agreement that future references to the Treaty of Waitangi must incorporate both the English and Māori texts. The directive stipulates that these bilingual references should be used “in all relevant provisions” moving forward. This step acknowledges the Treaty’s foundational role in New Zealand’s legal system and seeks to ensure that legislative language respects the partnership between the Crown and Māori. The approach aligns with broader efforts to embed te ao Māori perspectives into policy development and statutory interpretation.
Consultation, Legislative Process, and Next Steps
Minister Goldsmith described the announced changes as a “first step,” signalling that further refinements may follow as discussions continue. The government is actively consulting iwi (Māori tribal groups) to gauge the impact of the proposed amendments, repeals, and reference adjustments on Māori interests and treaty obligations. Any legislation designed to implement these changes will undergo a full select‑committee process, allowing for public submissions, expert testimony, and parliamentary scrutiny before enactment. This transparent pathway aims to balance efficiency with democratic legitimacy, ensuring that affected stakeholders have ample opportunity to influence the final form of the law.
About the Reporter
The article was authored by Adam Pearse, Deputy Political Editor of the NZ Herald’s Press Gallery team stationed at Parliament in Wellington. Pearse has been with NZME since 2018, previously reporting for the Northern Advocate in Whangārei and the Herald in Auckland. His coverage focuses on political developments, legislative affairs, and governmental decision‑making, providing readers with informed analysis of matters such as the legislative review outlined above.