The Promulgation Of Primary Legislation in New Zealand: Principles, Policy, Practice And Practicalities

Abstract

This thesis analyses, explores, and evaluates the reasons why particular processes are used to promulgate Acts of Parliament in New Zealand. The strengths and weakness of these various processes are evaluated and the advantages and disadvantages of this system of promulgation, as a whole, are demonstrated.

Chapter One of this thesis defines the concept of promulgation and demonstrates its significance as a legislative and administrative process. Chapters Two, Three and Four identify limitations on how promulgation of Acts of Parliament can occur and evaluate to what extent these limitations shape how promulgation occurs. Chapters Five, Six, Seven and Eight of this thesis identify justifications for promulgating Acts of Parliament and evaluate how these justifications have altered over time. These Chapters analyse to what extent the justifications impact on how promulgation occurs. Chapters Nine, Ten and Eleven analyse the requirements to promulgate Acts of Parliament in New Zealand. Chapter Nine identifies the current requirements––and the possibility of further requirements— under Statute Law, Common Law, and Constitutional Conventions. Chapter Ten analyses how the statutory requirements to promulgate have developed. Chapter Eleven examines proposed legislative changes to the statutory requirements to promulgate. Chapter Twelve identifies the current processes that see Acts of Parliament promulgated. Chapter Thirteen analyses how these processes have changed over time. This Chapter demonstrates that identifiable trends in promulgation are a direct result of changes in the various justifications and limitations identified in Chapters Two to Eight of this thesis.