New Zealand · Legislation
Legislation and primary sources
Where to find the authoritative text of the law in New Zealand, and how to confirm it is still in force.
Sources of law, ranked
- Acts of Parliament
- Parliament is sovereign; no court may invalidate a statute.
- Common law and equity
- Received in 1840 and developed by New Zealand courts; English decisions are persuasive only.
- The Treaty of Waitangi
- Not directly enforceable, but its principles are incorporated by many statutes and inform interpretation.
- Tikanga Māori
- Recognised as part of the common law of New Zealand, confirmed by the Supreme Court in Ellis v R (2022).
- Delegated legislation
- Secondary legislation is subject to disallowance by Parliament and to review by the courts.
The legislative process
A bill has a first reading, select committee scrutiny (usually with public submissions), second reading, committee of the whole House, and third reading, followed by Royal assent. There is no upper house, so the select committee stage carries the weight that a second chamber would elsewhere. The Attorney-General must report to the House under section 7 of the Bill of Rights Act on any bill that appears inconsistent with protected rights, but the House may pass it anyway. Reserved provisions of the Electoral Act 1993 require either 75% of all members or a majority at referendum.
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