Role of the PCO
The Parliamentary Counsel Office (PCO) is New Zealand's law drafting office. It is responsible for:
- drafting most New Zealand legislation
- publishing New Zealand Acts of Parliament and Statutory Regulations, both in hard copy and online on the New Zealand Legislation website.
The PCO is constituted as a separate Office of Parliament by the Statutes Drafting and Compilation Act 1920. The PCO is under the control of the Attorney-General or, if there is no Attorney-General, the Prime Minister. Role of the Attorney-General in relation to the PCO
The PCO is not part of the core Public Service under the State Sector Act 1988, and thus is not under the direct control of the State Services Commissioner. However, the PCO is subject to certain provisions of the State Sector Act 1988, including those that relate to the setting and enforcement of minimum standards of integrity and conduct.
Drafting
Under the Statutes Drafting and Compilation Act 1920, the PCO is responsible for:
- drafting Government Bills and Statutory Regulations
- supervising the printing of Government Bills and Statutory Regulations
- examining local Bills and private Bills
- compiling reprints of statutes and Statutory Regulations
- supervising the printing of such reprints.
The examination of local and private Bills includes providing drafting advice and assistance (including the preparation of draft Bills) to the promoters of the Bills and their legal advisers. The PCO also drafts Members’ Bills if directed to do so by the Attorney-General.
From time to time, the PCO also drafts certain other instruments such as Orders in Council establishing commissions of inquiry, warrants and regulations made under the Royal prerogative and relating to medals and honours, documents appointing officers of the Ross Dependency, pardons given under the Royal prerogative of mercy, and documents relating to issues raised by the Cabinet Office.
The Inland Revenue Department is authorised to draft certain Inland Revenue Bills (see Inland Revenue Department (Drafting) Order 1995).
Publishing
Under section 4(1) of the Acts and Regulations Publication Act 1989, the PCO is responsible for arranging the printing and publication of:
- Acts of Parliament
- Statutory Regulations
- reprints of Acts of Parliament and reprints of regulations
- reprints of Imperial Acts that have effect as part of the laws of New Zealand.
The PCO is also responsible for supplying printed copies of Bills and Supplementary Order Papers (SOPs) to the House, and publishing printed copies of Bills and SOPs.
The PCO publishes the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force annually in printed form, and publishes four interim indexes to the Statutory Regulations for each year.
Outcome
The outcome that the PCO seeks to achieve is a contribution to parliamentary democracy under the rule of law by supporting Parliament and the executive in their law-making roles and contributing to the Government’s objectives. The PCO seeks to ensure that:
- legislation that is necessary to change the law to implement Government policies is effective, clear, consistent with other legislation, and adheres to legal principle
- legislation, including Bills and SOPs, is accessible to the public in printed and electronic forms, and printed copies of Government Bills and Government SOPs are provided to the House of Representatives.
