62Civil Aviation (Offences) Regulations 1997, M aritime Offences Regulations 1998, and Land T ransport
(Offences and Penalties) Regulations 1999.
41
Takeovers Panel. In essence, the legislation dealing with most aspects of securities
market regulation is contained in statutes, regulations, a code, and exemptions.
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In other areas, the picture is similar. New Zealand’ s food legislation is found in
statutes, regulations, a standard that adopts an Australian standard, exemptions
granted by the Director-General of Health and local authorities, and guidelines.
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Rules are made under 3 transport statutes: the Civil Aviation Act 1990, the Maritime
Transport Act 1994, and the Land Transport Act 1998. Regulations made under each
of these Acts prescribe offences for breaches of particular rules.62 These are not
always confined to matters of a purely technical nature likely to affect only a small
number of people, as rule 19.7(b) of the Civil Aviation Rules shows. The rule
prohibits a person from going on board, or being carried in, an aircraft under the
influence of liquor or drugs. The Civil Aviation (Offences) Regulations make it an
offence. I recently travelled from the United States to New Zealand in business
class and was offered, long before the aircraft had taken off, a second glass of
champagne before I had finished the first. The merest raising of an eyebrow would
have resulted in a third glass. While it may be that the risks increase with the class
of travel, that is not necessarily so. On another journey across the Pacific, this time
in economy class but some time after take-off, a colleague and I were given a large
bottle of rum to share between us on the journey on the pretext, we were told, that
supplies of everything else had run out.
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What these examples indicate is that, in the regulation of complex activities,
legislative structures inevitably become complex. It is impossible to avoid recourse
to delegated legislation. Including in statutes the material commonly put into
regulations and other instruments would swamp them in detail to the point where
