4.3 Orders in Council
Orders in Council are instruments made by the Governor-General in Executive Council. Orders in Council may be:
Regulations, rules and orders are statutory instruments and should be cited consistently with Acts using the form set out below in rule 4.3.2.
Orders in Council that are instruments in their own right should be cited to the New Zealand Gazette in accordance with rule 4.3.3 below.
4.3.2 Statutory instruments – regulations, rules and orders
The format for citing statutory instruments is as follows:
Costs in Criminal Cases Regulations
, reg 2(1)
Eg Costs in Criminal Cases Regulations 1987, reg 2(1).
Eg Minimum Wage Order 2010, cl 4(a).
Give the title of the instrument exactly as it appears in the official version.
Give the year the instrument was enacted.
A reference to a regulation uses the abbreviation “reg” and “regs” for regulation and regulations respectively.
Eg Personal Property Securities Regulations 2001, reg 18.
A reference to a rule uses the abbreviation “r” and “rr” for rule and rules respectively.
Eg Lotto Amendment Rules 2010, r 6.
A reference to an order uses the abbreviation “cl” and “cls” for clause and clauses respectively.
Eg Wildlife (Canada Goose) Order 2011, cl 4.
4.3.3 Instruments in their own right
Some Orders in Council are instruments in their own right; that is, they are not statutory instruments.
Such Orders in Council are usually published in the New Zealand Gazette. Cite them in accordance with rule 5.2.4.
Eg “Royal Commission on the Pike River Coal Mine Tragedy” (16 December 2010) 173 New Zealand Gazette 4261 at 4262.
Eg “Reference to the Court of Appeal of the Question of the Convictions of David Cullen Bain for Murder” (6 March 2003) 22 New Zealand Gazette 689 at cl 5.
Eg “Commission of Inquiry into Police Conduct” (19 February 2004) 18 New Zealand Gazette 379 at 381.
4.3.4 Court rules
Most rules of court are made by Order in Council. Cite them in accordance with rule 4.3.2. A reference to a rule uses the abbreviation “r” or “rr” in the plural.
Eg Supreme Court Rules 2004, r 4.
The exception is the High Court Rules, which are contained in sch 2 of the Judicature Act 1908, and are cited without a year reference.
Eg High Court Rules, r 14.3.