4 LEGISLATION
The format for citing statutes is as follows:
Element |
Short title |
Year enacted |
Jurisdiction |
Pinpoint reference |
Examples |
Gaming Duties Act |
1971 |
, s 9 |
|
Counter-Terrorism Act |
2008 |
(UK) |
, s 92 |
|
Rule |
4.1.1(a) |
4.1.1(b) |
4.1.1(c) |
4.1.1(d) |
Eg Gaming Duties Act 1971, s 9.
Eg Counter-Terrorism Act 2008 (UK), s 92.
Eg New Zealand Bill of Rights Act 1990, long title.
(a) Short title
Give the short title exactly as it appears in the statute book, except that full stops should not be used in abbreviations.
Give the short title in ordinary text, not italics.
If an Act does not have a short title, it may be referred to by the unofficial short title given to it in the table of contents in the bound official reprints. If this is not possible, use the long title.
If an Act has been amended, there is no need to refer to the fact of amendment. If an amendment Act is being referred to, give the short title in the usual way.
Eg Judicature Amendment Act 1972, s 4.
(b) Year enacted
Give the year in which the Act was enacted (not the year the Act came into force) following the short title.
(c) Jurisdiction
When citing New Zealand statutes, it is not necessary to include the jurisdiction, unless it is necessary in the particular context to distinguish a New Zealand statute from an overseas one.
Eg Evidence Act 2006, s 43.
NOT Evidence Act 2006 (NZ), s 43.
If citing overseas legislation, place an abbreviated form of the jurisdiction in which the Act was passed in round brackets following the year. If there is no commonly used abbreviation for that jurisdiction, or where it will add clarity, write the jurisdiction out in full.
Eg Climate Change Act 2008 (UK).
Eg Trusts (Special Provisions) Act 1989 (Bermuda).
(d) Pinpoint reference
The pinpoint reference may be included either before the short title or after the year of enactment. The choice is a matter of style. In general, pinpoint references come at the end of the citation in footnotes but at the start when statutes are cited using in-text references or when included in footnotes in narrative form.
When placing the pinpoint reference at the start of the citation, the pinpoint reference should be followed by “of the” and then the short title, year enacted and jurisdiction (if necessary).
Eg The Court cited s 36 of the Commerce Act 1986.
When placing the pinpoint reference at the end of the citation, it should be preceded by a comma.
Eg Crimes Act 1961, s 59.
In both text and footnotes, use the following abbreviations, except where the word appears at the start of a sentence:
Section | s | Rule | r |
Sections | ss | Rules | rr |
Subsection | subs | Sub-rule | sub-r |
Subsections | subss | Sub-rules | sub-rr |
Paragraph | para | Regulation | reg |
Paragraphs | paras | Regulations | regs |
Schedule | sch | Sub-regulation | sub-reg |
Schedules | schs | Sub-regulations | sub-regs |
Part | pt | Clause | cl |
Parts | pts | Clauses | cls |
Article | art | Sub-clause | sub-cl |
Articles | arts | Sub-clauses | sub-cls |
Where a subsection or paragraph is referred to within its section, it should be cited as a section.
Eg Trustee Act 1956, s 67(2).
Eg Banking Act 1982, s 2(a)(ii).
Because section numbering is usually continuous throughout an Act or within a schedule, it is unnecessary to indicate chapters and parts. When referring to a provision within a schedule, do not place a comma between the schedule and the provision.
Eg Property Law Act 2007, sch 3 cl 4.
NOT Property Law Act 2007, sch 3 pt 2 cl 4.
NOT Property Law Act 2007, sch 3, cl 4.
When referring to a paragraph in a definition where multiple words or phrases are defined in the same section or subsection, make reference to the word being defined.
Eg Property (Relationships) Act 1976, s 2 definition of “family chattels”, para (b).
(e) Treaty of Waitangi
This rule can be used to cite the Treaty of Waitangi and the Declaration of Independence.
Eg Te Tiriti o Waitangi 1840, art 3.
OR Treaty of Waitangi 1840, art 3.
Eg He Whakaputanga o te Rangatiratanga o Nu Tirene 1835.
OR Declaration of Independence of the United Tribes of New Zealand 1835.