Drafting in the 21st Century How the role has developed

and where it is now

David Noble

Chief Parliamentary Counsel

Parliamentary Counsel Office Wellington

www.pco.parliament.govt.nz

www.legislation.govt.nz

Softly my Future climbs the stair”Emily Dickinson c. 1862

http://www.mtholyoke.com/pcsite/pcs/emily/Emily05f.jpegImage from Archives & Special Collections, Amherst College

• Professor Robert Eagleson “Plain English is clear, straightforward expression, using only as many words as are necessary. It is language that avoids obscurity, inflated vocabulary and convoluted sentence construction. It is not baby talk, nor is it a simplified version of the English language.”

• “A communication is in plain language if it meets the needs of its audience - by using language, structure, and design so clearly and effectively that the audience has the best possible chance of readily finding what they need, understanding it, and using it.” Clarity Number 64, November 2010)

• Martin Cutts “The Plain English Guide” (1995)“Plain English is the writing and setting out of essential information in a way that gives a co-operative, motivated person a good chance of understanding the document at first reading, and in the same sense that the writer meant it to be understood.”

Plain language legislative drafting

▲ An electric financial hedge contract?

…. and a “simple” diagrammatic explanation of the subprime mortgage crisis and some of the “defined” terms (NB – you

need both diagrams!) ►

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Regulations Review Committee at the time of the Interim Report on Orders in Council made under the Canterbury Earthquake Response and Recovery Act 2010

• Charles Chauvel – Chairperson (Labour)• Chris Macindoe – Dpeuty Chairperson

(National)• Amy Adams (National)• Aaron Gilmore (National)• Lianne Dalziel for Moana Mackey (Labour)• Chris Hipkins (Labour)• Rahui Katene (Maori) • [Dr Kennedy Graham (Green)]

Explanatory notes accompanying 2 “Canterbury orders”

Canterbury Earthquake (Transport Legislation) Order 2010

This Order in Council, which is deemed to have come into force on 4 September 2010 and expires on 30 November 2010, provides a means of exempting operators of heavy motor vehicles from certain provisions regarding heavy motor vehicles where those heavy motor vehicles are operated as part of a relevant authority's response to the Canterbury earthquake. This Order in Council is made under the [2010 Act] and its effect is temporary.

Explanatory notes accompanying more recent Canterbury orders

Canterbury Earthquake (Transport Legislation) Order 2011This Order in Council, which is deemed to have come into force on 22 February 2011 and expires on 31 October 2011,—

• provides a means of exempting operators of heavy motor vehicles from certain provisions regarding heavy motor vehicles where those heavy motor vehicles are operated as part of the Christchurch City Council’s response to the Canterbury earthquake; and

• provides that a person is exempt from section 5(1)(b) of the Road User Charges Act 1977 (which concerns the operation of a vehicle in excess of its maximum gross weight) if the person—

• operates a heavy motor vehicle in accordance with an authorisation granted under clause 5(2); and

• is exempt under clause 5(1); and• has taken all reasonable steps to obtain an appropriate licence covering the gross weight of the

heavy motor vehicle or has reasonable grounds to believe that the gross weight of the heavy motor vehicle is within the maximum gross weight specified in the vehicle’s licence.Clause 5 sets out the exemption process with respect to certain persons who operate heavy motor vehicles. An exemption, if granted, would allow specified heavy motor vehicles to carry extra weight to expedite the clearance of debris.Clause 6 sets out an exemption with respect to persons who are exempt under clause 5 and who are also subject to section 5(1)(b) of the Road User Charges Act 1977. This exemption is also necessary to allow heavy motor vehicles to carry extra weight to expedite the clearance of debris.……….[and more]

• “By my own admission I am a bit tatty. I've had corrective surgery 26 times in the past 48 years - called 'amendments' - it basically means I look rather messy 'cos there are lots of changes on every page of me. I am keen to have a complete make over, not just a new hair cut and fresh clothes, but the full works. Nip, tuck, botox, the works. You can help in the process if you like. I want your views about how policing could be done in New Zealand for the next 50 years. This is a serious undertaking, but if you think you have a worthy thought - let me know here on my-space or contact me on my own site - www.policeact.govt.nz

• Who I'd like to meet:• Kiwis who want to make a difference and have a say on policing in New Zealand.”

Police Act Review myspace page:

Regulatory reform

...first, as matters of both principle and practicability, there can and should be less legislation and better legislation; and, second, the existing constitutional and operational

framework cannot be expected to deliver those outcomes without significant changes.

Regulatory Responsibility Taskforce Report 29/10/2009