For all of the headlines emanating from it, in essence, most of Parliament’s existence revolves around two key functions: making and changing the law.
So, how are the laws of our land created, and how do they evolve?
The seeds of legal change can be sown in several ways. Most common are Government-driven bills – the party in power can put up for Parliament’s consideration virtually any legislative change it chooses. Other parliamentarians, though, rely largely on the luck of the draw. Because of the sheer volume, Members’ Bills go into a ballot and are only considered if, and when, they’re drawn – a lucky dip for MPs, if you like.
Not all law, though, emanates from the House of Representatives. Local authorities and other agencies, including some government departments, have delegated authority to make laws within their jurisdiction. Council bylaws, for example, have the same effect as statutes (Parliament-made laws) but are mooted, debated, passed and enforced by local authorities under their delegated powers.
At parliamentary level, once a proposed law is officially on the radar, the Beehive’s Legislative Drafting Service draws up a bill, which is then introduced to the House of Representatives for its first reading – and the initial debate. If it fails to win enough votes at this early stage, it’s bye-bye bill.
Those that do pass muster are then generally referred to a select committee, made up of MPs from across the parties, which further explores the proposed legislation. It’s standard for the select committee to seek public input by way of submissions, which can be factored into any recommended amendments to the bill.
It’s then back to the House for the second reading, where the recommended changes are considered and voted on.
The final hurdles
From there, the bill progresses to the “Committee of the Whole House”. Members fill the debating chamber to thrash out the bill’s provisions, clause by clause (and there are usually hundreds of them). Ministers and members have the right to propose changes which, if accepted, form part of the revised bill, which heads to the third reading.
This is the final chance for debate and, though it’s rare, to throw out a bill. Once passed, all that’s needed to seal the new law is the Governor-General’s endorsement.
A law on paper, though, is one thing; its interpretation and application are quite another and this is the major test for any Act. That responsibility falls to the judiciary.
The courts give us common law – essentially, the statutes in action. In handing down decisions, judges rely either on precedents – previous judgments – or extend the law by setting new ones, which, of course, can face scrutiny through appeal.
Last, but not least, because legislation is effectively a work in progress, sometimes it pans out quite differently to what the parliamentarians intended, or becomes outdated with shifting societal trends … so, it’s back to the drawing board, where Parliament works through the process all over again to either amend the Act or create a totally fresh piece of legislation that better serves the political agenda of the