RESOURCES
Secondary Legislation
Secondary legislation is a collective term for law made under (as opposed to in) an Act of Parliament or under certain prerogative powers. It is a collective term that replaces concepts such as delegated, subordinate, or tertiary legislation, and includes things like regulations, most Orders in Council, class (and some individual) exemptions, various types of notices, bylaws, and instruments with many different names.
An instrument is only secondary legislation made under a provision of an Act (called an empowering provision) if the Act (or any other legislation) states that instruments made under the empowering provision are secondary legislation. This creates a clear distinction between secondary legislation and other types of instruments.
The Parliamentary Counsel Office has issued Access Standards as part of its legislative stewardship role, to improve quality of and access to secondary legislation in New Zealand.
Regulatory analysis and accountability documents
From 1 July 2026, the Regulatory Standards Act 2025 introduced new requirements intended to improve the quality, transparency, and accountability of regulation in Aotearoa New Zealand.
When the Board develops or amends secondary legislation, it assesses the proposal against the principles of responsible regulation in the Act. The documents published on this page explain that assessment and the analysis supporting the Board’s decision-making:
- Consistency Accountability Statements (CASs) identify whether proposed or existing legislation is consistent with the principles of responsible regulation and clearly record any identified inconsistencies.
- Regulatory Analysis Summaries (RASs) provide an accessible summary of the underlying analysis, including the problem being addressed, the options considered, and the anticipated impacts, costs, and benefits.
Publishing these documents supports informed scrutiny and helps registrants, stakeholders, and the public understand how the Board has developed its regulatory proposals and considered their likely effects.