23 March 2026
Marcus
[FYI request #33824 email]
Ref: OIA OIA-2025/26-0529
Tēnā koe Marcus
Official Information Act request: Compliance with the 28-day rule
Thank you for your Official Information Act (the Act) request received on 23 February
2026:
I was having a browse of the Cabinet Manual (2023) and I was specifically
having a read about the 28-day Rule.
Section 7.103 states
The Cabinet Office also collects information on compliance with the 28-day
rule.
As such, I have a few questions
1) Are these rule exemptions published anywhere? This may cancel out 2
and/or 3 if true
2) How much secondary legislation has not required compliance and/or has
been granted a waiver?
3) Which pieces of legislation have been granted a waiver where "the
secondary legislation has little or no effect on the public, or confers only
benefits on the public". If there are numerous examples that would cause
fulfil ing this OIA to become too excessive, I would be fine with a handful of
examples.
Response to your request
The 28-day rule reflects the principle that the law should be available and capable of
being understood before it comes into force (see
paragraphs 7.100 to 7.103 of the
Cabinet Manual).
5143329
DEPARTMENT OF THE PRIME MINISTER AND CABINET
Te Tari o te Pirimia me te Komiti Matua
Parliament Buildings, Wellington 6011, New Zealand. Telephone: +64 (4) 830 5010.
Email: [email address] www.dpmc.govt.nz
There are some instances where secondary legislation does not require compliance on
the part of the public, or where it is otherwise appropriate to seek a waiver of the 28-
day rule. Some examples are:
a. where the secondary legislation has little or no effect on the public, or confers
only benefits on the public;
b. where the secondary legislation is made in response to an emergency;
c. where early commencement is necessary for compliance with statutory or
international obligations;
d. where early commencement is necessary to avoid unfair commercial advantage
being taken, or the purpose of the secondary legislation being defeated; or
e. where irregularities need to be validated.
Waivers of the 28-day rule are not published in a collated format, however, much of this
information is publicly available in an uncollated format through proactively released
Cabinet material. Cabinet material is usually proactively released within 30 days of final
decisions being made by Cabinet. This material includes any request to waive the 28-
day rule and decisions on those requests.
The Cabinet Office’s records show that the 28-day rule was waived for the following
number of pieces of secondary legislation (listed by financial year):
2013/14
82
2014/15
69
2015/16
65
2016/17
41
2017/18
30
2018/19
45
2019/20
60
2020/21
70
2021/22
111
2022/23
85
2023/24
56
2024/25
52
July to Dec 2025
42
The Cabinet Office does not separately record the reasons for each waiver being
granted. These are recorded individually in Cabinet papers where the waivers are
sought. I am therefore unable to provide you with the full information you requested in
part 3 of your request and accordingly I refuse this part of your request under section
18(e) of the Act.
I can however provide some examples of situations where a waiver has been granted
on the grounds the secondary legislation has little or no effect on the public or confers
only benefits on the public. These include administrative orders relating to the internal
functioning of the government (e.g. those establishing new agencies or bringing them
within the ambit of the Official Information Act), and orders made in response to severe
weather events (e.g. orders extending out tax payment deadlines or temporarily
reducing compliance burdens on councils). Examples of a waiver where an order had
little or no effect on the public include the Immigration (Certificate, Warrant and Other
5143329
CABINET OFFICE, PARLIAMENT BUILDINGS, WELLINGTON 6011, NEW ZEALAND
Telephone: +64 (4) 830 5010. Email: [email address]
www.dpmc.govt.nz
Forms) Amendment Regulations 2026 (Cabinet pap
er here) and the Medicines
Amendment Regulations (No 2) 2021 (Cabinet minut
e here) You have the right to ask the Ombudsman to investigate and review my decision under
section 28(3) of the Act.
This response wil be published on the Department of the Prime Minister and Cabinet’s
website during our regular publication cycle. Typically, information is released monthly,
or as otherwise determined. Your personal information including name and contact
details wil be removed for publication.
Nāku noa, nā
Rachel Hayward
Secretary of the Cabinet
5143329
CABINET OFFICE, PARLIAMENT BUILDINGS, WELLINGTON 6011, NEW ZEALAND
Telephone: +64 (4) 830 5010. Email: [email address]
www.dpmc.govt.nz
