Under the Citizens Initiated Referenda Act 1993 any citizens who want to put a question to a nationwide poll can do so where:

They have 10% of registered electors sign a petition to Parliament

Parliament can ignore the outcome of such a petition

Parliament can initiate its own Referendum –this is how MMP came about in 1993 and is how NZ will decide whether to change its electoral system in 2011

Parliament can delegate its law-making powers to ministers, government departments, the Executive Council and local authorities and other bodies

These bodies can make laws within the limits of their authority

The power to make delegated legislation is provide for in Acts

Where a body exceeds the power given to it under its ‘empowering legislation’ this if refereed to as Ultra Vires (outside the power of) and able to be invalidated

Statutory Regulation – often originates from Government departments

Example: the Department of Labour prepares Health and Safety Regulations, providing specific rules or standards

The power to do this is contained in the Health and Safety in Employment Act 1992

Regulation making powers allow for more specific or technical rules to ‘flesh out’ the Act –these rules do not require the same procedures as the empowering Act

Bylaws – made by local or other bodies in respect of activities within their geographic boundaries or ‘jurisdictions’

For example, the Local Government Act 2002 gives local councils the power to make Bylaws that operate in their territories

Allows for specific rules that apply to a particular geography such as fishing or hunting permits, fire safety, littering and council services

Advantages Faster and easier–delegated legislation is not

subject to the parliamentary process which can take a long time, it can also be removed or varied much faster

Specialist or technical matters –delegated legislation allows for detailed, technical or specialist matters to be dealt with (MPs are often not specialists in particular areas)

Local matters – allows local councils to decide how to manage matters in their geographic areas

Disadvantages Risk of abuse by the Executive making law

without parliamentary scrutiny Lack of publicity Lack of consultation or public input

Controls Where delegated legislation is ultra vires (beyond

the scope of the power granted) the Courts can strike it down (render it null and void)

Regulations can be dissolved by a resolution of Parliament (parliamentary supremacy) under the Regulations (Disallowance) Act 1989

Parliament can remove the empowering legislation

Local Bylaws can be invalidated under the Bylaws Act 1910 by the Court where they are, in conflict, ultra vires or unreasonable

Checks Regulations Review Committee can examine

regulations and draw Parliament’s attention to any issues

Requirements on government departments when creating regulations

Ombudsman can make recommendations to Parliament where there are unreasonable, unjust or oppressive regulations (Ombudsman Act 1975)