Legislation Drafting

Not all legislation originates in Parliament. Sometimes local authorities may promote a local bill, or amendments to their local bills which deal with specific issues in their area, such as land ownership or status in their area, or public order issues. An example of the latter was the drafting and successful passing of the graffitti legislation in the Manukau area. The momentum from this local Act (which Brookfields drafted) led to a national law change.

Private bodies may likewise need an Act of Parliament to undertake activities that they are not authorised to do. For example, many Churches have specific statutes that relate to their property holdings. Where they want to deal with these in a way not provided for in that statute, it may call for an amendment Act or even complete replacement of the original law. In another arena, Brookfields drafted the legislation that allowed the Auckland War Memorial Museum to proceed with its extension when it had been prevented from doing so by a very old statute relating to building on Auckland's volcanic cones.

Bills must meet the requirements of the Standing Orders of the House of Representatives. We are experienced at drafting legislation and promoting it to Parliament. We can also provide help in objecting to or making submissions on prospective legislation before Select Committees.

Commercial concerns may identify Bills which, if passed, will damage their business. We can help by presenting the arguments to promote their interests and even drafting amendments to the Bill for review by the Select Committee.

Many bodies have powers to produce subordinate legislation, including regulations, orders, rules and bylaws. Brookfields can assist with the drafting of these documents, and with review and amendment from time to time. The process can often require extensive public engagement (for example the District Plan review and variation processes under the Resource Management Act 1991). Managing the drafting, consultation and variation processes will require expert advice that Brookfields is ideally placed to give.

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