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4.3.4 Other instruments or DINLIs

Other instruments were previously known as deemed regulations. Other instruments are instruments made under empowering legislation that are disallowable instruments under s 38 of the Legislation Act 2012 but are not legislative instruments. Because of this, they are also referred to as “disallowable instruments not legislative instruments” or “DINLIs”. They are made by ministers, officials, or organisations, rather than by the Governor-General in Executive Council. Examples of other instruments include most land transport rules, civil aviation rules, and a wide variety of other rules, codes and instruments.

As other instruments are made by a variety of people, they may take a variety of different forms. Other instruments should be cited as consistently as possible with the form of citation for legislative instruments in rule 4.3.1.

Eg Civil Aviation Rules, r 19.5.

Eg Electricity Industry Participation Code 2010, cl 10.15.

Eg Telecommunications Information Privacy Code 2003, r 3.

Access to other instruments is available through the New Zealand Legislation website at <www.legislation.govt.nz>. The website does not provide the full text of other instruments but does provide links to the appropriate external website where they are published.

Note that at the date of publication of this guide, the Legislation Bill 2017 (275-1) is before Parliament. This Bill will have the effect of renaming legislative instruments and other instruments as secondary legislation. This will not affect the method of citation.

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