Parliamentary Counsel Office (New Zealand)

History

In the years before the enactment of the Statutes Drafting and Compilation Act 1920, the role of Law Draftsman was housed within several different offices. In 1920, the Law Drafting Office was established as a separate office of Parliament by statute. In 1973, the Law Drafting Office was renamed the Parliamentary Counsel Office, the Law Draftsman became the Chief Parliamentary Counsel, and Assistant Law Draftsmen were renamed as Parliamentary Counsel.

In 1985, the Fourth Labour Government reformed the public service via the Parliamentary Service Act 1985. It abolished the Legislative Department and replaced it with the Parliamentary Service and the Parliamentary Service Commission. It also ensured that PCO staff, aside from principal officers, were appointed by the Chief Parliamentary Counsel, within maximum numbers set by the Attorney-General. In 2000, the Parliamentary Service Act 2000 repealed the 1985 Act.

In 2012, the Legislation Act 2012 modernised the law for publishing, making available, reprinting, and revising official versions of legislation. This was the Government’s response to recommendations made in two reports by the Law Commission, and recommendations made by previous Regulations Review Committees.

NZLC R107 pages 30–33 has a more detailed Parliamentary Counsel Office history.

Organisation

The Parliamentary Counsel Office is an executive agency of the New Zealand Parliament and is under the control of the Attorney-General.

Functions

PCO's Parliamentary Counsel are responsible for drafting most New Zealand legislation and publishing the official version of New Zealand Acts of Parliament and Statutory Regulations.

Under section 59 of the Legislation Act 2012 the functions of the PCO are to:

• draft government Bills and Legislative Instruments;
• publish Bills, Acts, Legislative Instruments, and reprints of legislation in electronic and printed forms;
• prepare reprints of Acts and Legislative Instruments;
• prepare Bills to revise Acts in accordance with the current revision programme;
• advise departments and agencies on the drafting of disallowable instruments that are not drafted by the PCO;
• examine local and private Bills, and Members' Bills that the Attorney-General directs to be examined; and
• advise on and assist with the drafting of all local and private Bills, and draft Members' Bills on the Attorney-General's direction.

From time to time, the PCO may also draft certain other instruments at the direction of the Attorney-General or the Chief Parliamentary Counsel*.*

The Inland Revenue Department is authorised to draft certain Inland Revenue Bills.

The PCO is responsible for supplying printed copies of Bills and Supplementary Order Papers (SOPs) to the House.

References

References

1. (30 May 2019). "Total Appropriations for Each Vote". The Treasury.
2. (May 2009). "Review of the Statutes Drafting and Compilation Act 1920 (NZLC R107)". New Zealand Law Commission.
3. (2012). "Statutes Drafting and Compilation Act 1920 (1920 No 46)".
4. "Statutes Drafting and Compilation Amendment Act 1973 (1973 No 102)".
5. "Parliamentary Service Act 1985 (1985 No 128)".
6. (2016-12-17). "Parliamentary Service Act 2000 (2000 No 17)".
7. (2019-04-12). "Legislation Act 2012 (2012 No 119)".
8. "Legislation Bill passes".
9. "Govt response to Law Com reports {{!}} Parliamentary Counsel Office".
10. (2007-09-12). "Presentation of New Zealand Statute Law (NZLC IP2)". New Zealand Law Commission.
11. "Commentary in the reported back version of the Legislation Bill". New Zealand Legislation.
12. "Executive agencies". Office of the Clerk/Parliamentary Service.
13. "Parliamentary Counsel Office".
14. "Role {{!}} Parliamentary Counsel Office".
15. (2012-04-01). "Inland Revenue Department (Drafting) Order 1995 (SR 1995/286)".