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DLM430417

1974

Maori Purposes Act 1974

1: Short Title This Act may be cited as the Maori Purposes Act 1974. 1: Amendments to Maori Affairs Act 1953 Part 1 repealed 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993 2: This Part to form part of the Maori Affairs Act 1953 Section 2 repealed 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993 3: Amendment of names of land owners in court records Section 3 repealed 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993 4: Advances for farming purposes on land owned and occupied by another person Section 4 repealed 14 December 1979 section 11(2)(c) Maori Purposes Act 1979 5: Tax on income derived by Maori authorities for more than 20 beneficiaries Section 5 repealed 1 April 1977 Income Tax Act 1976 2: Amendments to Maori Welfare Act 1962 6: This Part to form part of the Maori Welfare Act 1962 This Part shall be read together with and deemed part of the Maori Welfare Act 1962 principal Act 7: Definition of Maori Amendment(s) incorporated in the Act(s) 8: Welfare officers to be known as Community Officers (1), (2): Amendment(s) incorporated in the Act(s) 3: Every person who, at the commencement of this Act, is holding office as a Welfare Officer under section 4 State Services Act 1962 4: Every person who, at the commencement of this Act, is holding office as an honorary Welfare Officer under section 5 3: Miscellaneous amendments 9: Extension of hall site for Ngati Poneke Maori Association Section 9 repealed 5 August 2009 section 82(c) Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika) Claims Settlement Act 2009 10: Leases of dwellings under the Maori Housing Amendment Act 1938 Amendment(s) incorporated in the Act(s) 11: Right of way around Lake Taupo and on banks of rivers or streams flowing into lake Amendment(s) incorporated in the Act(s) 12: Amendments to Public Works Act 1928 Section 12 repealed 1 February 1982 section 248(1) Public Works Act 1981 13: Service of notices under section 70A of the Petroleum Act 1937 1: Amendment(s) incorporated in the regulations 2: Subsection (1) shall come into force on 1 January 1975.

DLM411825

1974

Education Amendment Act 1974

1: Short Title This Act may be cited as the Education Amendment Act 1974, and shall be read together with and deemed part of the Education Act 1964 2: Fees payable to associations of students 1: This subsection inserted section 69A 2: Notwithstanding anything in subsection (1) of this section, and notwithstanding that bylaws may not have been made for the purposes of collecting fees payable to any association or organisation of students at a technical institute, any fees heretofore collected on behalf of the association or organisation of students by the Board or other governing body of the institute shall be deemed to have been validly collected on behalf of the association or organisation of students.

DLM414821

1974

Home Ownership Savings Act 1974

1: Short Title and application 1: This Act may be cited as the Home Ownership Savings Act 1974. 2: This Act shall apply with respect to all Home Ownership Accounts with an authorised savings institution, whether opened before or after the commencement of this Act. 2: Interpretation 1: In this Act, unless the context otherwise requires,— authorised savings institution a: Post Office Bank Limited: b: a trustee bank established under the Trustee Banks Act 1983 c: a building society which is an approved society under section 56D section 113O d: benefits Commissioner State Sector Act 1988 Corporation Housing New Zealand Corporation depositor dwelling , or by the depositor and any person who is intended by the depositor to reside with the depositor in the dwelling Home Ownership Account home ownership requirements section 14K housing purposes interest subsidy section 7 Minister Ordinary Home Ownership Account purchase grant section 6 and includes any additional purchase grant payable under section 7A qualifying date a: where the account was opened before 1 January 1982— i: if on 31 December 1981 there was a qualifying date in respect of the account, that qualifying date: ii: if on 31 December 1981 there was not a qualifying date in respect of the account, 1 January 1982: b: where the account is opened on or after 1 January 1982, the date on which the account is opened qualifying year Special Home Ownership Account terminating date or to any Home Ownership Account a: the date of payment of a purchase grant to the depositor: b: the fifth anniversary of the qualifying date of the Home Ownership Account of the depositor,— whichever is the earlier withdrawal certificate section 14F 2: In subsection (3) any other person a: the spouse of the depositor; or b: any other depositor; or c: any person who is intended by the depositor to reside with the depositor. 3: For the purposes of this Act, a dwelling may be acquired by a depositor— a: by the purchase or acquisition by the depositor, or jointly or in common by the depositor and any other person, of an estate in fee simple or an estate of leasehold in a dwelling; or b: by the erection of a dwelling on land which is held, or to be held, by the depositor, or jointly or in common by the depositor and any other person, for an estate in fee simple or an estate of leasehold; or c: in the case of a unit or flat, by the acquisition by the depositor, or jointly or in common by the depositor and any other person, of shares in a limited liability company or of an undivided share or undivided interest in the land on which the dwelling is situated, or in any other way. Section 2(1) authorised savings institution replaced 1 April 1987 State-Owned Enterprises Amendment Act 1987 Section 2(1) authorised savings institution amended 1 April 1984 Trustee Banks Act 1983 Section 2(1) authorised savings institution replaced 1 September 1987 section 41(3) Building Societies Amendment Act 1987 Section 2(1) authorised savings institution repealed 22 May 1998 section 22(1) Private Savings Banks (Transfer of Undertakings) Act 1992 Section 2(1) Commissioner inserted 25 November 1976 Home Ownership Savings Amendment Act 1976 Section 2(1) Commissioner amended 1 April 1988 section 90(a) State Sector Act 1988 Section 2(1) Corporation amended 1 July 2001 section 24(1) Housing Corporation Amendment Act 2001 Section 2(1) dwelling amended 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 2(1) Farm Ownership Account repealed 25 November 1976 Home Ownership Savings Amendment Act 1976 Section 2(1) Home Ownership Account replaced 25 November 1976 Home Ownership Savings Amendment Act 1976 Section 2(1) home ownership requirements inserted 25 November 1976 Home Ownership Savings Amendment Act 1976 Section 2(1) housing purposes inserted 25 November 1976 Home Ownership Savings Amendment Act 1976 Section 2(1) housing purposes amended 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 2(1) Ordinary Farm Ownership Account repealed 3 June 2017 section 4(2) Statutes Repeal Act 2017 Section 2(1) Ordinary Fishing Vessel Ownership Account repealed 3 June 2017 section 4(2) Statutes Repeal Act 2017 Section 2(1) Ordinary Home Ownership Account inserted 25 November 1976 Home Ownership Savings Amendment Act 1976 Section 2(1) purchase grant amended 25 November 1976 Home Ownership Savings Amendment Act 1976 Section 2(1) qualifying date replaced 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 2(1) Special Farm Ownership Account repealed 3 June 2017 section 4(2) Statutes Repeal Act 2017 Section 2(1) Special Fishing Vessel Ownership Account repealed 3 June 2017 section 4(2) Statutes Repeal Act 2017 Section 2(1) Special Home Ownership Account inserted 25 November 1976 Home Ownership Savings Amendment Act 1976 Section 2(1) terminating date amended 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 2(1) withdrawal certificate inserted 25 November 1976 Home Ownership Savings Amendment Act 1976 Section 2(2) replaced 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 2(3) inserted 1 January 1982 Home Ownership Savings Amendment Act 1981 2A: Cessation of opening of new Home Ownership Accounts Notwithstanding any other provision in this Act, no person shall open a Home Ownership Account on or after 1 August 1986. Section 2A inserted 1 August 1986 Home Ownership Savings Amendment Act 1986 1: Ordinary Home Ownership Accounts Part 1 heading inserted 25 November 1976 Home Ownership Savings Amendment Act 1976 3: Eligible savings 1: Subject to subsection (2) 2: Notwithstanding anything in subsection (1) a: the eligible savings in relation to any Ordinary Home Ownership Account shall not exceed the total amount of $10,250 or such greater amount as may be specified from time to time by the Governor-General by Order in Council: b: subject to subsections (4) and (5) c: where any sum or sums of money amounting in all to a sum in excess of $3,000 is or are, in any qualifying year applicable to any Ordinary Home Ownership Account, deposited in or credited to that account then, for the purposes of this Act, the whole of the excess shall be deemed to have been deposited in the account immediately upon the commencement of the next qualifying year (if any) applicable to the account. 3: Where any amount is withdrawn from the Ordinary Home Ownership Account of any depositor at any date— a: where that date is during any qualifying year, the amount of the eligible savings in the account at that date and at all earlier dates shall be reduced by the amount of the withdrawal; and b: where that date is after the end of the qualifying year ending with the fifth anniversary of the qualifying date, the amount of the eligible savings in the account at that date shall be reduced by the amount of the withdrawal,— so far as the amount of the eligible savings extends: provided that the amount of the eligible savings shall not be reduced to the extent that, before the amount of the withdrawal is taken into consideration, the balance of the account at that date exceeds the amount of the eligible savings at that date. 4: Where a depositor withdraws the whole or any part of the money standing to the depositor's credit in the depositor's Ordinary Home Ownership Account for the acquisition by the depositor of land on which to erect a dwelling and, before the dwelling is erected, the depositor sells that land and restores all or part of the net proceeds of sale into that account as soon as practicable, then the amount of the withdrawal, to the extent that it has been so restored, shall be deemed not to have been withdrawn from the account for the purpose of calculating the amount of the depositor's eligible savings if the depositor has made only 1 such withdrawal. 5: Where a depositor withdraws the whole or any part of the money standing to the depositor's credit in the depositor's Ordinary Home Ownership Account to be used by the depositor as a deposit under a conditional agreement to acquire a dwelling, and the agreement fails to become binding and the depositor restores all or part of the amount of the withdrawal into that account as soon as practicable, the amount of the withdrawal, to the extent to which it has been so restored, shall be deemed not to have been withdrawn from the account for the purpose of calculating the amount of the depositor's eligible savings if, in relation to each such conditional contract respectively, the depositor has made only 1 withdrawal from the depositor's account. Section 3 replaced 1 January 1982 Home Ownership Savings Amendment Act 1981 4: Notice of conditions The terms and conditions upon which applications for benefits will be considered and Section 4 amended 3 June 2017 section 4(2) Statutes Repeal Act 2017 5: Ineligible depositors 1: Notwithstanding anything in this Act but subject to subsections (2) to (4), no depositor shall be eligible for any benefits where, in the opinion of the Corporation, the depositor or, in the case of a joint Ordinary Home Ownership Account, either of the depositors— a: either solely or jointly or in common with any other person holds or has held any beneficial interest (including a life estate or life interest) in a dwelling in New Zealand or elsewhere; or b: either solely or jointly or in common with any other person has or had at any time a controlling interest in any limited liability company which at that time held any beneficial interest in a dwelling in New Zealand or elsewhere; or c: either solely or jointly with any other person has previously received any benefits. 2: Having regard to the special circumstances of any case, the Corporation may in its discretion grant, either wholly or partly, and conditionally or unconditionally, benefits to any such depositor. 3: For the purposes of paragraphs (a) and (b) of subsection (1), a beneficial interest in a dwelling 4: Where a depositor has entered into an unconditional contract to purchase or otherwise acquire a dwelling and it is a stipulation of that contract that possession of the dwelling is not to be given until a specified date (being a date not later than 6 months after the date upon which the contract becomes unconditional), the depositor shall be deemed not to have acquired, by virtue of that contract, a beneficial estate or beneficial interest in that dwelling for the purposes of this Act until the arrival of that date of possession or until the depositor, by virtue of that contract or otherwise howsoever, sooner enters into and takes possession of the dwelling. Section 5 replaced 1 January 1982 Home Ownership Savings Amendment Act 1981 6: Purchase grant 1: Subject to this Act, where the Corporation is satisfied that the grant is to be used by a depositor in the acquisition of a dwelling in New Zealand, there shall be paid by the Corporation to the depositor a grant of an amount equal to 25% (or such other percentage as the Governor-General may, from time to time, by Order in Council declare) of the amount of the eligible savings of the depositor to the extent that the Corporation is satisfied that the eligible savings are to be used by the depositor in the acquisition of that dwelling. 2: No purchase grant shall be paid to any depositor in respect of any eligible savings withdrawn earlier than 2 subsection (3) 3: Where a depositor at any time uses, for the purposes of this Act, all or any of his eligible savings for the acquisition by the depositor of land in New Zealand upon which to erect a dwelling for the depositor's housing purposes and if, when the depositor acquires the land, there is a building on the land, then, within 3 months after such acquisition, the depositor shall remove that building from the land unless the Corporation, in its discretion and subject to such conditions as it considers fit to impose, permits the building or any part of it to remain on the land. 4: Where a depositor dies before he or she has been allowed a purchase grant, the personal representatives of the depositor may, to provide a dwelling for the widow or widower or any dependant of the depositor, apply for a purchase grant and the Corporation may deal with the application in the same manner, with any necessary modifications, as if the depositor had made the application. 5: No depositor shall be paid more than 1 purchase grant or, subject to section 10 Ordinary 6: A purchase grant may, at the discretion of the Corporation, be paid in respect of the acquisition by the depositor of a dwelling to be occupied by him at some future time. Section 6(2) amended 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 6(3) replaced 1  January 1982 Home Ownership Savings Amendment Act 1981 Section 6(5) amended 25 November 1976 Home Ownership Savings Amendment Act 1976 Section 6(6) inserted 1 January 1982 Home Ownership Savings Amendment Act 1981 7: Interest subsidy 1: Subject to this Act, there shall be paid by the Corporation to every depositor who has been paid a purchase grant in respect of a dwelling, and who has— a: borrowed money at interest to assist in the acquisition of the dwelling; or b: entered into an agreement, involving the payment of interest for a term in excess of 1 year, to purchase the dwelling,— an interest subsidy under this section for each year of the term of the loan or agreement (not exceeding 5 years) 2: The interest subsidy under this section in relation to each depositor and each year shall be an amount equal to the sum of— a: an amount equal to 2.5% of the amount by which the amount of his eligible savings at the terminating date exceeds the amount of his eligible savings at the date 1 year before the terminating date; and b: an amount equal to 5% of the amount by which the amount of his eligible savings at the date 1 year before the terminating date exceeds the amount of his eligible savings at the date 2 years before the terminating date; and c: an amount equal to 7.5% of the amount by which the amount of his eligible savings at the date 2 years before the terminating date exceeds the amount of his eligible savings at the date 3 years before the terminating date; and d: an amount equal to 10% of the amount by which the amount of his eligible savings at the date 3 years before the terminating date exceeds the amount of his eligible savings at the date 4 years before the terminating date; and e: an amount equal to 12.5% of the amount of his eligible savings at the date 4 years before the terminating date: provided that in no year shall the amount of the interest subsidy exceed an amount which reduces the average interest rate paid on all money owing in relation to the acquisition of the dwelling and the land on which the dwelling is erected below the rate of 3% per annum, or such other rate as the Governor-General may, from time to time, by Order in Council declare. 3: Where a person who is receiving an interest subsidy in respect of money owing in relation to the acquisition of a dwelling dies, and the widow or widower or any dependant of that person continues to reside in that dwelling and to pay interest in respect of that money, that interest subsidy shall continue to be payable in the same manner, with any necessary modifications, as if that person had not died. Section 7(1) amended 1 January 1982 Home Ownership Savings Amendment Act 1981 7A: Capitalisation of interest subsidy 1: Every depositor who is entitled to receive an interest subsidy under section 7 section 6 2: Every such additional purchase grant shall be an amount calculated in accordance with the following formula, or such other formula as may be fixed from time to time by Order in Council: a × (1.085) n (1.085) n where— a is the amount of the annual interest subsidy; and n is the number of years in respect of which that annual interest subsidy is payable. Section 7A inserted 25 November 1976 Home Ownership Savings Amendment Act 1976 Section 7(2) replaced 25 November 1976), on 1 January 1982 Home Ownership Savings Amendment Act 1981 8: Preservation of benefits Where, by reason of an Order in Council made pursuant to section 3(2)(a) section 6(1) section 7(2) section 7A(2) Section 8 amended 1 January 1982 Home Ownership Savings Amendment Act 1981 9: Disposition of dwelling within 5 years of payment of purchase grant Section 9 repealed 25 November 1976 Home Ownership Savings Amendment Act 1976 10: Aggregation of benefits The benefits payable under this Act may be aggregated when 2 depositors who have separate Ordinary Section 10 amended 25 November 1976 Home Ownership Savings Amendment Act 1976 11: Joint accounts Where 2 depositors have a joint Ordinary Ordinary Section 11 amended 25 November 1976 Home Ownership Savings Amendment Act 1976 11A: New joint Ordinary Accounts not to be opened 1: A person may not open an Ordinary Home Ownership Account jointly or in common with any other person after the expiry of 31 December 1981. 2: Any account purported to have been so opened shall be deemed not to be an Ordinary Home Ownership Account. Section 11A inserted 1 January 1982 Home Ownership Savings Amendment Act 1981 12: Transferability 1: 2: Balances in an Ordinary Home Ownership Account with any authorised savings institution may be transferred to an Ordinary Home Ownership Account with any other authorised savings institution. 3: Any transfer of an Ordinary Home Ownership Account of any depositor from one authorised savings institution to another authorised savings institution shall not affect the calculation of eligible savings or the rights of the depositor. Section 12(1) repealed 3 June 2017 section 4(2) Statutes Repeal Act 2017 Section 12(2) replaced 30 March 1987 Home Ownership Savings Amendment Act 1987 Section 12(3) replaced 30 March 1987 Home Ownership Savings Amendment Act 1987 13: Payment to Corporation The Minister of Finance may from time to time, without further appropriation than this section, pay from a Crown Bank Account Section 13 amended 25 January 2005 section 65R(3) Public Finance Act 1989 14: Exemption from income tax All benefits shall be exempt from income tax. 2: Special Home Ownership Accounts Part 2 inserted 25 November 1976 Home Ownership Savings Amendment Act 1976 14A: Special Home Ownership Accounts 1: Subject to this Act, on and after 1 November 1976 any person may open in his own name and for his own purpose (but not jointly or in common with any other person) a Special Home Ownership Account and the provisions of the Income Tax Act 2007 2: No person who has, in relation to an Ordinary Home Ownership Account, been paid either solely or jointly with any other depositor any benefit or who has, in relation to a Special Home Ownership Account, withdrawn any amount from that account pursuant to a withdrawal certificate (not being an amount which has subsequently been redeposited in full and in respect of which the withdrawal certificate has been cancelled pursuant to section 14F(4) 3: No person who is a depositor in relation to a Special Home Ownership Account or who has withdrawn any amount from a Special Home Ownership Account pursuant to a withdrawal certificate (not being an amount which has subsequently been redeposited in full and in respect of which the withdrawal certificate has been cancelled pursuant to section 14F(4) 4: No person who is a depositor in relation to an Ordinary Home Ownership Account with any authorised savings institution shall open a Special Home Ownership Account with any other authorised savings institution. 5: Where any person is a depositor in relation to an Ordinary Home Ownership Account jointly with any other person, he shall not open a Special Home Ownership Account unless the other person has given up his interest in the joint account or the joint account is severed into separate Ordinary Home Ownership Accounts: provided that where any Ordinary Home Ownership Account is so dealt with, the qualifying date (if any) of the sole account or accounts so created shall not, by reason thereof, be changed. 6: Except for interest which may from time to time accrue, no deposits shall, for the purposes of this Act, be made in any Special Home Ownership Account after the end of the qualifying year ending with the fifth anniversary of the qualifying date of the account. 7: If, in any financial year ending with 31 March, the amount of money deposited in or credited to a Special Home Ownership Account exceeds $3,000, the amount of that excess (to the extent that it does not itself exceed $3,000) shall be deemed to have been deposited in that account on the commencement of the financial year next following. Section 14A inserted 25 November 1976 Home Ownership Savings Amendment Act 1976 Section 14A(1) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 14A(7) inserted 1 January 1982 Home Ownership Savings Amendment Act 1981 14B: Existing Ordinary Home Ownership Accounts Where at the time a depositor opens a Special Home Ownership Account he is also a depositor in relation to an Ordinary Home Ownership Account— a: if there is in respect of the Ordinary Home Ownership Account a qualifying date, that date shall be the qualifying date in respect of the Special Home Ownership Account; and b: except for interest which may from time to time accrue and be payable in respect of the balance in the Ordinary Home Ownership Account, no other deposits shall be made thereafter in the Ordinary Home Ownership Account. Section 14B inserted 25 November 1976 Home Ownership Savings Amendment Act 1976 14C: Transferability 1: 2: 3: Balances in a Special Home Ownership Account with any authorised savings institution may be transferred to a Special Home Ownership Account with any other authorised savings institution. 4: Any transfer of a Special Home Ownership Account of any depositor from one authorised savings institution to another authorised savings institution shall not affect the calculation of eligible savings or the rights of the depositor. Section 14C inserted 25 November 1976 Home Ownership Savings Amendment Act 1976 Section 14C(1) repealed 3 June 2017 section 4(2) Statutes Repeal Act 2017 Section 14C(2) repealed 3 June 2017 section 4(2) Statutes Repeal Act 2017 Section 14C(3) replaced 30 March 1987 Home Ownership Savings Amendment Act 1987 Section 14C(4) inserted 30 March 1987 Home Ownership Savings Amendment Act 1987 14D: Withdrawal and transfers from Special Home Ownership Account 1: Subject to this section 2: A depositor may at any time withdraw or transfer any amount from his Special Home Ownership Account if, after the amount is withdrawn or transferred, the balance of the account is not reduced to an amount less than the closing balance of the account at 31 March immediately preceding the date of that withdrawal or transfer. 3: In any case where subsection (2) a: where the withdrawal or transfer (not being a transfer allowed under section 14C b: where the withdrawal or transfer is made pursuant to a withdrawal certificate, the amount of the balance of the account is to be withdrawn and the account closed unless by the terms and conditions of the withdrawal certificate a lesser amount is to be withdrawn and the account is to remain open. 4: Where any Special Home Ownership Account is closed pursuant to subsection (3) a: the name of the depositor: b: the amount of the withdrawal which resulted in the closure of the account: c: the closing balance of the account as at the 31 March immediately preceding the date of the closure: d: the amount stated in the withdrawal certificate (if any): provided that the authorised savings institution shall not notify the Corporation if the withdrawal was made otherwise than pursuant to a withdrawal certificate. 5: Notwithstanding anything in this section, where a depositor who has deposited in his Special Home Ownership account an amount in any 1 financial year ending with 31 March in excess of the maximum amount of any increase in savings on which tax credit is allowed under section LZ 9 Section 14D inserted 25 November 1976 Home Ownership Savings Amendment Act 1976 Section 14D(1) amended 3 June 2017 section 4(2) Statutes Repeal Act 2017 Section 14D(5) inserted 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 14D(5) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 14E: Reopening of Special Home Ownership Accounts 1: Where— a: a Special Home Ownership Account is closed pursuant to a withdrawal certificate issued under section 14F(1) b: the amount withdrawn is used by the depositor as a deposit under a conditional agreement to acquire a dwelling and the agreement fails to become binding,— the Corporation may determine that the account shall be reopened, subject to the depositor paying into the account the whole of the amount withdrawn or such part as the Corporation determines, and the Corporation shall notify the authorised savings institution and the Commissioner accordingly. 2: Where— a: a Special Home Ownership Account is closed pursuant to a withdrawal certificate issued under section 14F(2) b: the amount withdrawn was used by the depositor for the acquisition of land on which to erect a dwelling, and, before the dwelling is erected, the depositor, with the written approval of the Corporation, sells the land,— the Corporation may determine that the account shall be reopened subject to the depositor paying into the account the whole of the proceeds of sale or such part as the Corporation determines, and the Corporation shall notify the authorised savings institution and the Commissioner accordingly. 3: Where any Special Home Ownership Account is reopened pursuant to subsection (1) or subsection (2) Section 14E inserted 25 November 1976 Home Ownership Savings Amendment Act 1976 14F: Withdrawal certificate 1: Subject to this Act, the Corporation shall, on application made to it in writing by any depositor in relation to a Special Home Ownership Account not earlier than 2 provided that the Corporation shall not issue such a certificate in respect of any sum of money that has not been deposited in or credited to the account for at least 3 months. 1A: In respect of any Special Home Ownership Account, or in respect of any Special Home Ownership Account which has, pursuant to section 14E 2: Subject to this Act and notwithstanding subsection (1) provided that this subsection shall not apply in respect of any land which has any building erected thereon unless the Corporation is satisfied that the building is to be demolished or removed within 3 months after the date on which the land is acquired, or the Corporation in its discretion permits the building or any part of it to be retained on the land. 3: Any withdrawal certificate may be issued subject to such terms and conditions as are set forth in the certificate and which the Corporation considers it necessary or desirable to impose to ensure that any amount withdrawn from a Special Home Ownership Account pursuant to the certificate is used by the depositor for the purposes for which the certificate was issued. 4: Where any depositor has, pursuant to a withdrawal certificate, withdrawn any amount from his Special Home Ownership Account, and redeposits the whole or part of that amount in his account, the withdrawal certificate shall be cancelled to the extent of the amount redeposited. 5: Where a depositor dies before the depositor has been issued with a withdrawal certificate, the personal representatives of the depositor may apply to the Corporation for a withdrawal certificate for such amount as is to be used to provide a dwelling for the widow or widower or any dependant of the depositor, and the Corporation may deal with the application in the same manner, with any necessary modification, as if the depositor had made the application, and the other provisions of this Act shall apply accordingly. 6: Any withdrawal certificate shall cease to have any force or effect on or after any date that may be specified therein in that behalf or, if no such date is specified therein, on the expiration of 3 months after the date of the certificate. 7: Every withdrawal certificate shall require the authorised savings institution to close the Special Home Ownership Account of the depositor unless 8: A withdrawal certificate may, at the discretion of the Corporation, be issued in respect of the acquisition of a dwelling to be occupied by the depositor at some future time. Section 14F inserted 25 November 1976 Home Ownership Savings Amendment Act 1976 Section 14F(1) amended 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 14F(1) proviso inserted 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 14F(1A) inserted 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 14F(2) amended 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 14F(7) amended 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 14F(8) inserted 1 January 1982 Home Ownership Savings Amendment Act 1981 14G: Ineligible depositors Notwithstanding anything in this Act, no depositor shall be eligible to obtain a withdrawal certificate in respect of a Special Home Ownership Account where, in the opinion of the Corporation, the depositor would not be eligible for any benefits under Part 1 provided that, having regard to the special circumstances of any case, the Corporation may, in its discretion issue a withdrawal certificate, either in respect of the whole or part of the balance in the account, and conditionally or unconditionally, to any depositor. Section 14G inserted 25 November 1976 Home Ownership Savings Amendment Act 1976 14H: Breach of home ownership requirements Where the Corporation at any time knows or has reason to believe or suspect that a depositor who has been issued a withdrawal certificate has failed to fulfil any home ownership requirements to which he may be or may become subject, the Corporation shall forthwith in writing inform the Commissioner accordingly. Section 14H inserted 25 November 1976 Home Ownership Savings Amendment Act 1976 3: General provisions Part 3 inserted 25 November 1976 Home Ownership Savings Amendment Act 1976 14I: Available savings 1: For the purposes of this Act, but subject to subsection (2) a: the total of— i: all eligible savings: ii: all amounts withdrawn pursuant to a withdrawal certificate: iii: in the case of an Ordinary Home Ownership Account, the amount of any purchase grant paid or payable in respect of that account,— used or to be used by the depositor for housing purposes: b: the sum of $7,500 provided that if a depositor is a depositor in relation to an Ordinary Home Ownership Account and also a depositor in relation to a Special Home Ownership Account the available savings shall, in relation to both accounts, not exceed in the aggregate the amount so prescribed in this paragraph. 2: Notwithstanding subsection (1) a: in the case of an Ordinary Home Ownership Account, where the depositor is ineligible to receive any benefits; and b: in relation to a Special Home Ownership Account, to the extent that any amounts are withdrawn from the Account otherwise than pursuant to a withdrawal certificate. Section 14I inserted 25 November 1976 Home Ownership Savings Amendment Act 1976 Section 14I(1)(b) amended clause 2 Home Ownership Savings (Increased Amount) Order 1982 14J: Loans 1: Where a depositor has, or has had, a Home Ownership Account with an authorised savings institution and intends to borrow any amount from that institution for the purposes of acquiring or erecting a dwelling in New Zealand for his housing purposes, the Corporation may, in its discretion and subject to this Act— a: advance to the depositor; or b: advance to that institution, and that institution may so borrow for the purpose of lending it to the depositor— an equivalent amount, but not exceeding the amount of the depositor's available savings. 2: Sections 26 27 28 29 subsection (1) or depositor provided that, and notwithstanding section 25(1) or depositor 3: Notwithstanding the foregoing provisions of this section, the Governor-General may from time to time, by Order in Council, specify the terms and conditions subject to which,— a: the Corporation may make advances to authorised savings institutions or depositors b: authorised savings institutions may make loans to depositors. 4: Notwithstanding subsection (3) a: the Corporation may, when advancing, pursuant to this section, any amount to any authorised savings institution or depositor b: an authorised savings institution may, when making any loan to which this section applies to any depositor, make the loan on such terms and conditions (not inconsistent with those specified in any Order in Council referred to in that subsection), as the institution may think fit to impose. 5: Every advance made, pursuant to the foregoing provisions of this section, by the Corporation to an authorised savings institution or depositor section 24 Section 14J inserted 25 November 1976 Home Ownership Savings Amendment Act 1976 Section 14J(1) replaced 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 14J(2) amended 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 14J(2) amended 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 14J(3)(a) amended 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 14J(4)(a) amended 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 14J(5) amended 1 January 1982 Home Ownership Savings Amendment Act 1981 14K: Restrictions on dispositions 1: For the purposes of this Act the term restriction period a: in relation to an Ordinary Home Ownership Account of any depositor, the period of 5 years commencing on the date on which a purchase grant is paid to the depositor , or, if the grant is paid in respect of a dwelling for future occupation under section 6(6) b: in relation to a Special Home Ownership Account of any depositor, the period of 5 years commencing on— i: if the withdrawal was made pursuant to a withdrawal certificate to enable the depositor to acquire a dwelling, the date on which the dwelling was acquired by the depositor; or ii: if the withdrawal was made pursuant to a withdrawal certificate to enable the depositor to acquire land upon which to erect a dwelling, the date on which the construction of that dwelling was completed: provided that, if a withdrawal certificate is issued in respect of the acquisition of a dwelling for future occupation under section 14F(8) 2: No depositor shall, without on each occasion the subsection (1) provided that the foregoing provisions of this subsection shall not apply to— a: any memorandum of mortgage or other encumbrance granted by the depositor over his estate or interest in any such dwelling or in any such land to secure any loan made to him by the Corporation, or by The National Bank b: any settlement of such dwelling as a joint family home under the provisions of the Joint Family Homes Act 1964 c: any charge granted by the depositor over his estate or interest in such dwelling to secure any advance made to him under the Family Benefits (Home Ownership) Act 1964 d: any transmission of the depositor's estate or interest in any such dwelling or in any such land. Section 14K inserted 25 November 1976 Home Ownership Savings Amendment Act 1976 Section 14K(1)(a) amended 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 14K(1)(b) proviso inserted 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 14K(2) amended 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 14K(2) amended 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 14K(2) proviso paragraph (a) amended 1 July 1994 section 5(1)(a) National Bank of New Zealand Limited Act 1994 14L: Effect of dispositions within restriction period If a depositor, contrary to section 14K , or fails or ceases to occupy any such dwelling, a: refund to the Corporation all benefits which he has received in respect of his deposits in his Ordinary Home Ownership Account; and b: pay to the Corporation sections RZ 7 to RZ 10 Section 14L inserted 25 November 1976 Home Ownership Savings Amendment Act 1976 Section 14L amended 1 January 1982 Home Ownership Savings Amendment Act 1981 Section 14L(b) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 14L(b) amended 1 January 1982 Home Ownership Savings Amendment Act 1981 14M: Charges and caveats 1: To secure any money which may, pursuant to this Act, or sections RZ 7 to RZ 10 a: execute and register, against the title to the depositor's dwelling or land referred to in section 14K Land Charges Registration Act 1928 b: lodge a caveat in favour of the Corporation against such title pursuant to the Land Transfer Act 1952 2: To register any such charge or to lodge any such caveat it shall not be necessary to produce to a 3: Where any such charge is so registered or any such caveat is so lodged, it shall be the duty of the Land Transfer Act 1952 4: Subject to section 14K 5: No such charge or caveat shall be discharged, released, modified, or varied except by the Corporation or pursuant to an Order of the High 6: No Section 14M inserted 25 November 1976 Home Ownership Savings Amendment Act 1976 Section 14M(1) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 14M(2) amended 1 June 2002 section 38(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 14M(3) amended 1 June 2002 section 38(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 14M(5) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 14M(6) amended 20 May 1999 section 7 Stamp Duty Abolition Act 1999 15: Information to be supplied to Minister or Corporation Notwithstanding anything in any other Act, every authorised savings institution shall furnish to the Minister or to the Corporation such information and particulars in relation to Home Ownership Accounts opened with the institution as the Minister may from time to time require to be furnished: provided that nothing in this section shall authorise the Minister to require any authorised savings institution to furnish any information which, in accordance with accepted banking practice, a banker is not obliged to disclose without the consent of the depositor concerned, unless that consent has been obtained. 16: Offences and penalties 1: Every person commits an offence against this Act who— a: makes any statement knowing it to be false in any material particular or otherwise wilfully misleads or attempts to mislead the Corporation or any officer of the Corporation or any other person in relation to any application for a benefit for himself or any other person: b: being a person to whom a benefit has been paid under this Act— i: fails, within a reasonable time after being required to do so, to supply in writing to the Corporation any information requested by the Corporation for the purpose of ascertaining whether or not the terms and conditions under which the benefit was paid have been fulfilled or whether or not any event has taken place by reason which the benefit or any part thereof is repayable: provided that no person shall be required to supply any information tending to incriminate himself; or ii: supplies any information knowing it to be false in any material particular. 2: Any person who commits an offence under subsection (1) a: to imprisonment for a term not exceeding 6 months or to a fine not exceeding $1,000; and b: to repay in full to the Corporation any benefits wrongfully obtained. Section 16(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 17: Regulations 1: The Governor-General may from time to time, by Order in Council, make regulations in regard to any matter or for any purpose for which regulations are prescribed or contemplated by this Act or may be necessary for giving full effect to the provisions of this Act and for the due administration thereof. 2: Without limiting the general power to make regulations conferred by subsection (1) a: prescribing the mode of making application for benefits: b: prescribing the procedure for payment of benefits: c: prescribing offences in respect of the contravention of or non-compliance with any regulations made under this Act or any term or condition given pursuant to any such regulations, and prescribing penalties on Section 17(2)(c) amended 1 July 2013 section 413 Criminal Procedure Act 2011

DLM412734

1974

Commonwealth Games Symbol Protection Act 1974

1: Short Title and commencement 1: This Act may be cited as the Commonwealth Games Symbol Protection Act 1974. 2: This Act shall come into force on 1 July 1974. 2: Interpretation In this Act, unless the context otherwise requires,— Association Minister symbol Schedule 3: Restriction on use of symbol 1: No person shall use the symbol for any purpose without the consent of the Minister. 2: For the purposes of subsection (1), where any person uses for any purpose any mark, emblem, or design that so nearly resembles the symbol as to be likely to deceive, he shall be deemed to have used the symbol for the same purpose. 3: Nothing in subsection (1) shall apply— a: to the use of the symbol by The Shipping Corporation of New Zealand Limited for any purpose for which the Corporation was entitled to use it immediately before the commencement of this Act: b: to the use by any person for any purpose of any article incorporating in its design or imprinted with the symbol, if that article was lawfully manufactured in or imported into New Zealand before the commencement of this Act. 4: Every person who acts in contravention of subsection (1) commits an offence and shall be liable on 5: In any prosecution for an offence against this section it shall be for the defendant to prove that he acted with the consent of the Minister, or that the act complained of was not an offence by virtue of subsection (3). Section 3(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 4: Minister may consent to use of symbol, and impose conditions 1: On written application made to him in that behalf, the Minister may consent to the use of the symbol, thereafter or for such period as he may specify, for any particular purpose. 2: In any such case the Minister may give his consent on such terms and subject to such conditions as he thinks fit, including a condition requiring the applicant for his consent to pay to the Association such sum or sums as the Minister may think reasonable, whether by way of premium, royalty, or otherwise, and may from time to time, on the application or with the consent of the applicant, vary or revoke any such term or condition. 3: Where the Minister has given his consent to the use of the symbol by any person and that person is convicted of an offence against section 3 4: Where— a: the Minister has consented to the use of the symbol by any person for a particular purpose and has attached a condition to his consent; and b: that person has used the symbol for any other purpose, or has used the symbol without complying with each such condition,— that person shall, for the purposes of subsection (1) of section 3 5: Where under subsection (2) the Minister requires any person to pay any sum to the Association, neither the Minister nor that person shall be concerned to see to the application of that sum by the Association.

DLM412777

1974

Niue Constitution Act 1974

1: Short Title and commencement 1: This Act may be cited as the Niue Constitution Act 1974. 2: This Act shall come into force on a date to be appointed for the commencement thereof by the Governor-General, by Proclamation. Section 1(2) brought into force 19 October 1974 Niue Constitution Act Commencement Order 1974 2: Application to Niue This Act shall extend to Niue as part of the law of Niue. 3: Niue to be self-governing Niue shall be self-governing. 4: Constitution of Niue 1: The Constitution set out in its Niuean language version in Schedule 1 Schedule 2 Constitution 2: Where the Constitution provides that any New Zealand court or department of government or statutory authority shall perform any function or exercise any power in relation to Niue, that court, or, as the case may be, the officers of that department or the members and staff of that authority are by this Act authorised and required to perform that function or exercise that power in accordance with the Constitution. 5: British nationality and New Zealand citizenship Nothing in this Act or in the Constitution shall affect the status of any person as a British subject or New Zealand citizen by virtue of the British Nationality and New Zealand Citizenship Act 1948. 6: External affairs and defence Nothing in this Act or in the Constitution shall affect the responsibilities of Her Majesty the Queen in right of New Zealand for the external affairs and defence of Niue. 7: Economic and administrative assistance It shall be a continuing responsibility of the Government of New Zealand to provide necessary economic and administrative assistance to Niue. 8: Co-operation between New Zealand and Niue Effect shall be given to the provisions of sections 6 7 9: New Zealand representative 1: There shall be appointed under the State Sector Act 1988 2: The New Zealand representative shall be stationed in Niue, and shall be the representative of the Government of New Zealand in Niue. Section 9 amended 1 April 1988 section 90(a) State Sector Act 1988 (1988 No 20)

DLM425998

1974

Reserves and Other Lands Disposal Act 1974

1: Short Title This Act may be cited as the Reserves and Other Lands Disposal Act 1974. 2: Vesting of certain land in Crown subject to enjoyment of certain rights by New Zealand Broadcasting Corporation Section 2 repealed 1 July 2000 section 40(1) Parliamentary Service Act 2000 3: Vesting certain land in the Crown as a reserve for cemetery purposes Whereas by Proclamation dated 18 December 1872 and published in the Canterbury Provincial Gazette cemetery lands And whereas by notice dated 7 November 1950 and published in the Gazette section 55 of the Cemeteries Act 1908 the Council And whereas by notice dated 8 February 1957 and published in the Gazette Reserves and Domains Act 1953 And whereas by the Ellesmere Cemetery Order 1957 made pursuant to the Cemeteries Act 1908 And whereas by deed of conveyance dated 12 December 1882 the land to which this section relates was vested in certain persons as the trustees of the said cemetery: And whereas all those persons are deceased: And whereas for many years the Council has administered and used the land in connection with the cemetery: And whereas the Council is desirous that the land be formally incorporated into the cemetery: And whereas to this end it is expedient to vest the land in Her Majesty the Queen as a reserve for cemetery purposes: And whereas Her Majesty is willing to accept the land for these purposes: Be it therefore enacted as follows: 1: The land to which this section relates is hereby vested in Her Majesty the Queen as a reserve for cemetery purposes, subject to the Reserves and Domains Act 1953 2: This section relates to the following land: All that parcel of land situated in the Canterbury Land District, containing 617 square metres, more or less, being situated in Block I, Southbridge Survey District, and being part of Rural Section 7966 and being the whole of the land comprised and described in certificate of title, Volume 406, folio 99 (Canterbury Registry). 4: Changing the purpose for which part of the Cromwell Racecourse Reserve is held from the purposes of a racecourse to the purposes of an aerodrome Whereas pursuant to the Public Reserves Act 1854 racecourse land And whereas by section 2 And whereas by Order in Council dated 27 August 1941 and published in the Gazette Corporation Cromwell Racecourse Reserve Act 1876 And whereas the land to which this section relates comprises part of the racecourse land: And whereas by notice dated 19 August 1953 and published in the Gazette Local Authorities Empowering (Aviation Encouragement) Act 1929 And whereas the land was used for that purpose until that consent was revoked by notice dated 28 July 1965 and published in the Gazette And whereas the Corporation is desirous that it be empowered again to use the land for the purposes of an aerodrome: And whereas to that end it is desirable to change the purpose for which the land to which this section relates is set aside from a reserve for racecourse purposes to a reserve for aerodrome purposes: Be it therefore enacted as follows: 1: Notwithstanding anything in the Cromwell Racecourse Reserve Act 1876 Reserves and Domains Act 1953 2: This section relates to the following land: All that parcel of land situated in the Otago Land District, Vincent County, containing 41.116 hectares, more or less, being the whole of Section 91 SO Plan 17959 Section 4(2) amended 21 December 1977 section 6(1) Reserves and Other Lands Disposal Act 1977 Section 4(2) amended 21 December 1977 section 6(2) Reserves and Other Lands Disposal Act 1977 5: Vesting the site of the Kohuwhera Pa and its fortifications in the Crown Whereas by an order of the Maori Land Court made pursuant to section 438 of the Maori Affairs Act 1953 trustees And whereas in pursuance of the terms of the trust the trustees have partitioned the land in the required manner and have obtained the approval of the Maori Land Court to the partition as is evidenced by the order of the court made in that behalf on 22 November 1973: And whereas in further pursuance of the terms of the trust the trustees are desirous of transferring to Her Majesty the land to which this section relates for the purposes of an historic reserve, subject to the condition specified in subsection (2): And whereas Her Majesty is willing to accept the land for that purpose and subject to that condition: And whereas the provisions of Part 21 of the Maori Affairs Act 1953 And whereas it is expedient to make provision for the gift to be effected accordingly: Be it therefore enacted as follows: 1: Notwithstanding the provisions of Part 21 of the Maori Affairs Act 1953 Reserves and Domains Act 1953 subsection (2) provided that to the extent that the condition is inconsistent with any of the provisions of that Act the terms of the condition shall prevail. 2: The condition referred to in subsection (1) is that Her Majesty undertakes to return the land to the trustees without delay should it no longer be required as an historic reserve. 3: This section relates to the following land: All that parcel of land situated in the North Auckland Land District, Bay of Islands County, containing 2.3016 hectares, more or less, being situated in Block II, Russell Survey District, and being the whole of Paroa 1 Block. 6: Empowering the Corporation of the City of Auckland to lease certain lands in the Auckland Domain to the Auckland Bowling Club (Incorporated), the Auckland Lawn Tennis Association (Incorporated), and the Auckland Rugby League (Incorporated) respectively Whereas the parcels of land subsection (3) Corporation Auckland Domain Vesting Act 1893 And whereas pursuant to section 27 subsection (3) And whereas it is desirable to empower the Corporation to grant a lease of the land to the said Club for a further term not exceeding 21 years, the term (if the Corporation so decides) to be deemed to have commenced on 1 April 1970: And whereas pursuant to section 27 And whereas it is desirable to empower the Corporation to grant a lease of the land to the said League for a further term not exceeding 21 years, the term (if the Corporation so decides) to be deemed to have commenced on 5 February 1974: And whereas it is expedient to make provision accordingly: Be it therefore enacted as follows: 1: Notwithstanding anything in the Auckland Domain Vesting Act 1893 a: to the Auckland Bowling Club (Incorporated) a lease of the land first described in subsection (3) b: c: to the Auckland Rugby League (Incorporated) a lease of the land thirdly described in subsection (3) 2: Any lease granted under subsection (1) may be for such term, not exceeding 21 years, at such rental, and otherwise upon and subject to such terms and conditions as the Corporation thinks fit. 3: This section relates to the following land: First, all that parcel of land situated in the North Auckland Land District, containing 5043 square metres, more or less, being situated in Block VIII, Rangitoto Survey District, and being part of the Auckland Domain; as the same is more particularly delineated on the plan marked L and S 1/550, deposited in the Head Office, Department of Lands and Survey at Wellington, and thereon marked A and edged red (SO 49380). Thirdly, all that parcel of land situated in the North Auckland Land District, containing 3948 square metres, more or less, being situated in Block VIII, Rangitoto Survey District, and being part of the Auckland Domain and parts Section 98, Suburbs of Auckland; as the same is more particularly delineated on the plan marked L and S 1/550, deposited in the Head Office, Department of Lands and Survey at Wellington, and thereon edged red (SO 37421). Section 6 amended 24 June 2008 section 6(a) Auckland Domain (Auckland Tennis) Amendment Act 2008 Section 6 amended 24 June 2008 section 6(b) Auckland Domain (Auckland Tennis) Amendment Act 2008 Section 6 amended 16 December 1987 section 14 Auckland Domain Act 1987 Section 6(1)(a) amended 16 December 1987 section 14 Auckland Domain Act 1987 (1987 No 7 (L)). Section 6(1)(b) repealed 24 June 2008 section 6(c) Auckland Domain (Auckland Tennis) Amendment Act 2008 Section 6(1)(c) amended 16 December 1987 section 14 Auckland Domain Act 1987 Section 6(3) amended 24 June 2008 section 6(d) Auckland Domain (Auckland Tennis) Amendment Act 2008 7: Vesting certain land in the Chatham Islands County Corporation for the purposes of a recreation reserve Whereas on or before 3 March 1899 the fee simple estate in the land to which this section relates was vested in The Chatham Islands Institute (in this section referred to as the Institute And whereas no such library or institute has been erected on the land: And whereas the Institute has been defunct for many years: And whereas the land is situated within the territorial boundaries of the County of the Chatham Islands, and the Chatham Islands County Council is desirous that the land be vested in the Chairman, Councillors, and Inhabitants of the said County (in this section collectively referred to as the Corporation And whereas it is expedient to make provision accordingly: Be it therefore enacted as follows: 1: The land to which this section relates is hereby vested in the Corporation for the purposes of a recreation reserve, subject to the Reserves and Domains Act 1953 2: This section relates to the following land: All that parcel of land situated in the Wellington Land District, Chatham Islands County, containing 618 square metres, more or less, being section 3, Block III, Oropuke Survey District, and being the whole of the land comprised and described in certificate of title, Volume 99, folio 55 (Wellington Registry). 8: Declaring land subject to the Forests Act 1949 to be Crown land subject to the Land Act 1948 Whereas the land described in subsection (2) is set apart as State forest land under the Forests Act 1949 And whereas it is desired that it should be declared to be Crown land subject to the Land Act 1948 Be it therefore enacted as follows: 1: The setting apart of the land described in subsection (2) as State forest land is hereby revoked and the land is hereby declared to be Crown land subject to the Land Act 1948 2: This section relates to the following land: First, all that parcel of land situated in the North Auckland Land District, containing 5046 square metres, more or less, being Section 23, Block VI, Kumeu Survey District, subject to right of way over part created by transfer 48232 (SO 29159). Secondly, all that parcel of land situated in the North Auckland Land District, containing 86.1474 hectares, more or less, being part Sections 6 and 9, Block XIV, Omapere Survey District (SO 48711). Thirdly, all that parcel of land situated in the North Auckland Land District, containing 4046 square metres, more or less, being Lot 1, DP 38843, being part Allotment SE 39, Whangarei Parish, situated in Block VIII, Purua Survey District, and being the whole of the land comprised and described in certificate of title, Volume 1037, folio 197 (North Auckland Registry). Fourthly, all those parcels of land situated in the South Auckland Land District, containing 23.8000 hectares and 2.4400 hectares, more or less, being parts Tairua Block situated in Block III, Tairua Survey District (SO 47412). Fifthly, all that parcel of land situated in the South Auckland Land District, containing 5.3620 hectares, more or less, being part Tairua Block situated in Block II, Tairua Survey District; as shown coloured red on SO 47358. Sixthly, all that parcel of land situated in the South Auckland Land District, containing 45.2000 hectares, more or less, being Section 27, Block XVI, Kawhia South Survey District (formerly part Section 11, Block XVI, Kawhia South Survey District) (SO 47408). Seventhly, all that parcel of land situated in the Taranaki Land District, containing 27.1139 hectares, more or less, being Section 30, Block IX, Mimi Survey District (SO 957). Eighthly, all that parcel of land situated in the Nelson Land District, containing 16.0862 hectares, more or less, being part Section 1, Block XVI, Mawheraiti Survey District; as shown coloured red on SO 11676 lodged in the office of the Chief Surveyor at Nelson. Ninthly, all that parcel of land situated in the Nelson Land District, containing 200.0158 hectares, more or less, being State forest land situated in Block XVI, Mawheraiti Survey District, and Block IV, Ahaura Survey District; as shown coloured red on SO 11677 lodged in the office of the Chief Surveyor at Nelson. Tenthly, all that parcel of land situated in the Nelson Land District, containing 67.9264 hectares, more or less, being Sections 23 and 24, Block VI, Aorere Survey District (SO 4362). Eleventhly, all that parcel of land situated in the Nelson Land District, containing 2.6380 hectares, more or less, being Lot 8, DP 7605L, being part Section 161, Square 6, situated in Block VII, Wangapeka Survey District. Twelfthly, all that parcel of land situated in the Nelson Land District, containing 4046 square metres, more or less, being residence site licence No 5187 situated in Block IV, Inangahua Survey District (SO 11820) and being the whole of the land comprised and described in certificate of title, Volume 10, folio 374 (Nelson Registry). Thirteenthly, all that parcel of land situated in the Westland Land District, containing 109.5000 hectares, more or less, being part Reserve 1800 situated in Blocks VII and XI, Waiho Survey District (SO 9274).

DLM425924

1974

Tokelau Amendment Act 1974

1: Short Title This Act may be cited as the Tokelau Amendment Act 1974 the Tokelau Act 1948 The word Islands omitted 2(3) (2) Tokelau Amendment Act 1976 2: 1: This subsection substituted section 9 2: The Schedule to the Maori and Island Affairs Department Act 1968 3: Every reference in any enactment relating to Tokelau Tokelau a: In the case of a reference to the Minister of Island Affairs, be read after the passing of this Act as a reference to the Minister of Foreign Affairs: b: In the case of a reference to the Secretary for Maori and Island Affairs, be read after the passing of this Act as a reference to the Secretary of Foreign Affairs and Trade c: In the case of a reference to the Department of Maori and Island Affairs, be read after the passing of this Act as a reference to the Ministry of Foreign Affairs and Trade Subsection (3) amended 9 December 1976 3(7) Tokelau Amendment Act 1976 by substituting the word Tokelau the Tokelau Islands Subsection (3)(b) (c) amended 1 December 1988 14(1) Foreign Affairs Act 1988 by adding the words and Trade Foreign Affairs

DLM413758

1974

Niue Amendment Act 1974

1: Short Title and commencement 1: This Act may be cited as the Niue Amendment Act 1974, and shall be read together with and deemed part of the Niue Act 1966 2: This Act shall come into force on the date of the commencement of the Niue Constitution Act 1974 2: Amendments consequential on Niue Constitution Act 1: 2: Every reference in any enactment not specified in Schedule 1 a: In the case of a reference to the Executive Committee of Niue, as a reference to the Cabinet of Ministers of Niue: b: In the case of a reference to the Leader of Government, as a reference to the Premier of Niue: c: In the case of a reference to the Resident Commissioner of Niue, as a reference to the Cabinet of Ministers of Niue: d: In the case of a reference to the Niue Island Assembly or to the Island Assembly (except in the definition of the term Ordinance 2 e: In the case of a reference to an Ordinance (except in the definition of that term in section 2 f: In the case of a reference to the Niue Assembly Account, as a reference to the Niue Government Account: g: In the case of a reference to the Chief Judge of the High Court, as a reference to the Chief Justice of that Court: h: In the case of a reference to the New Zealand State Services Commission, being a reference in relation to the Niue Public Service, as a reference to the Niue Public Service Commission. 3:

DLM411813

1974

Royal Titles Act 1974

1: Short Title This Act may be cited as the Royal Titles Act 1974. 2: Royal style and titles The royal style and titles of Her Majesty, for use in relation to New Zealand and all other territories for whose foreign relations Her Government in New Zealand is responsible, shall be— Elizabeth the Second, by the Grace of God Queen of New Zealand and Her Other Realms and Territories, Head of the Commonwealth, Defender of the Faith— instead of the style and titles at present appertaining to the Crown. 3: Application of Act to Niue, 1: This Act shall be in force in Niue and in 2: Whereas in accordance with Article 46 of the Constitution of the Cook Islands (as set out in Schedule 2 of the Cook Islands Constitution Amendment Act 1965) the Government of the Cook Islands has requested and consented to the enactment of a provision extending the provisions of this Act to the Cook Islands as part of the law of the Cook Islands: Be it therefore enacted as follows: This Act shall extend to the Cook Islands as part of the law of the Cook Islands. Section 3 heading amended 9 December 1976 section 3(8) Tokelau Amendment Act 1976 Section 3(1) amended 9 December 1976 section 3(8) Tokelau Amendment Act 1976 4: Repeal The Royal Titles Act 1953 is hereby consequentially repealed.

DLM412763

1974

Time Act 1974

1: Short Title This Act may be cited as the Time Act 1974. 2: New Zealand standard time For the purposes of this Act, and any other Act, the expression New Zealand standard time Section 2 replaced 30 March 1987 Time Amendment Act 1987 3: Time for general purposes Except as provided in section 4 a: the time for general purposes in New Zealand, except for the Chatham Islands, shall be New Zealand standard time; and b: the time for general purposes in the Chatham Islands shall be 45 minutes in advance of New Zealand standard time. 4: New Zealand daylight time 1: The Governor-General may from time to time, by Order in Council, declare that for such period or periods as may be prescribed in the Order in Council— a: the time for general purposes in New Zealand, except for the Chatham Islands, shall be 1 hour in advance of New Zealand standard time; and b: the time for general purposes in the Chatham Islands shall be 1 hour and 45 minutes in advance of New Zealand standard time. 2: Any period prescribed in any Order in Council made under subsection (1) shall commence at 2 am New Zealand standard time on the day, being a Sunday, specified in the Order in Council, and shall cease at 2 am New Zealand standard time on the day, being a Sunday, specified in the Order in Council or in any subsequent Order in Council. 3: During any period that the time for general purposes in New Zealand is determined under the foregoing provisions of this section, that time shall be known as New Zealand daylight time. 4: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 4(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 5: Effect of commencement and cessation of New Zealand daylight time on pay and allowances 1: Where, by reason of the commencement of New Zealand daylight time on the day specified in any Order in Council made under subsection (1) of section 4 2: Where, by reason of the cessation of New Zealand daylight time on the day specified in any Order in Council made under subsection (1) of section 4 6: Reference to point of time in legislation and other documents Wherever any reference to a point of time occurs in any legislation, or in any other document whatsoever, section 3 section 4 Section 6 amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 6 amended 28 October 2021 section 3 Secondary Legislation Act 2021 7: Repeals The Standard Time Act 1945 and the Standard Time Amendment Act 1956 are hereby repealed.

DLM425903

1974

Cook Islands Amendment Act 1974

1: Short Title This Act may be cited as the Cook Islands Amendment Act 1974, and shall be read together with and deemed part of the Cook Islands Act 1915 2: Administration of principal Act 1: 2: 3: The following enactments are hereby consequentially repealed: a: Section 8(2) of the Maori and Island Affairs Department Act 1968 b: So much of the Schedule to that Act as relates to the principal Act 4: Every reference in any enactment relating to the Cook Islands, or in any regulation, rule, order, agreement, deed, instrument, application, notice, licence, or other document whatsoever made pursuant to the principal Act or relating to the Cook Islands and in force at the passing of this Act shall, unless the context otherwise requires,— a: In the case of a reference to the Minister of Island Affairs, be read after the passing of this Act as a reference to the Minister of Foreign Affairs: b: In the case of a reference to the Secretary for Maori and Island Affairs, be read after the passing of this Act as a reference to the Secretary of Foreign Affairs: c: In the case of a reference to the Department of Maori and Island Affairs, be read after the passing of this Act as a reference to the Ministry of Foreign Affairs.

DLM425917

1974

Summary Proceedings Amendment Act 1974

1: Short Title This Act may be cited as the Summary Proceedings Amendment Act 1974, and shall be read together with and deemed part of the Summary Proceedings Act 1957 2: 1: This subsection substituted section 1(2) and (3) section 1(4) of the Summary Proceedings Amendment Act 1973 2: Section 7 of the Summary Proceedings Amendment Act 1973

DLM411832

1974

Housing Corporation Act 1974

1: Short Title and commencement 1: This Act may be cited as the Housing Corporation Act 1974. 2: This Act shall come into force on a date to be appointed by the Governor-General by Order in Council. Section 1(2) brought into force 14 October 1974 Housing Corporation Act Commencement Order 1974 1A: Purpose The purpose of this Act is to— a: establish a corporation to administer the Crown's housing operations; and b: define its objectives, functions, powers, and duties. Section 1A inserted 1 July 2001 section 3 Housing Corporation Amendment Act 2001 2: Interpretation In this Act, unless the context otherwise requires,— annual financial statements section 154 approved securities a: the bonds, stock, debentures, funds, or other securities of the Government of New Zealand; or b: any other securities that are for the time being approved by the Minister for the purposes of this Act Corporation section 3(1) Crown entity subsidiary the second column of section 7(1)(c) existing company a: means HNZ or Community Housing Limited (a company that on the commencement of the Housing Corporation Amendment Act 2001 Companies Act 1993 b: includes any subsidiary (within the meaning of the Companies Act 1993 HNZ section 2(1) and Tenancy Matters land Minister of Finance of Housing Minister of Housing property and any security security solicitor Lawyers and Conveyancers Act 2006 statement of intent section 139 statement of performance expectations section 149C subsidiary Companies Act 1993 vesting day a: in relation to an existing company or an asset or liability of an existing company, means the day on which the order under section 53 b: in relation to an asset or liability of the Crown, means the day on which an order under section 53 1965 No 47 s 2 Section 2 annual financial statements inserted 1 July 2014 section 72 Crown Entities Amendment Act 2013 Section 2 appointed member repealed 8 August 1991 section 2(1) Housing Corporation Amendment Act 1991 Section 2 committee repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 2 Corporation replaced 1 July 2001 section 4 Housing Corporation Amendment Act 2001 Section 2 Crown entity subsidiary inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 2 Crown entity subsidiary amended 18 July 2013 section 42 Crown Entities Amendment Act 2013 Section 2 Director-General repealed 1 May 1993 Housing Corporation Amendment Act 1992 Section 2 existing company inserted 1 July 2001 section 4 Housing Corporation Amendment Act 2001 Section 2 HNZ inserted 1 July 2001 section 4 Housing Corporation Amendment Act 2001 Section 2 HNZ amended 1 July 2006 section 5(2)(b) Housing Restructuring and Tenancy Matters (Information Matching) Amendment Act 2006 Section 2 land replaced 1 July 2001 section 4 Housing Corporation Amendment Act 2001 Section 2 Minister replaced 1 July 2001 section 4 Housing Corporation Amendment Act 2001 Section 2 Minister of Housing inserted 1 July 2001 section 4 Housing Corporation Amendment Act 2001 Section 2 property amended 8 August 1991 Housing Corporation Amendment Act 1991 Section 2 security inserted 8 August 1991 section 2(3) Housing Corporation Amendment Act 1991 Section 2 solicitor replaced 1 August 2008 section 348 Lawyers and Conveyancers Act 2006 Section 2 State Services Commissioner repealed 8 September 2018 section 59 Statutes Amendment Act 2018 Section 2 statement of intent inserted 1 July 2001 section 4 Housing Corporation Amendment Act 2001 Section 2 statement of intent amended 25 January 2005 section 200 Crown Entities Act 2004 Section 2 statement of performance expectations inserted 1 July 2014 section 72 Crown Entities Amendment Act 2013 Section 2 subsidiary inserted 1 July 2001 section 4 Housing Corporation Amendment Act 2001 Section 2 vesting day inserted 1 July 2001 section 4 Housing Corporation Amendment Act 2001 2A: Act binds the Crown This Act binds the Crown. Section 2A inserted 25 February 2016 section 4 Housing Corporation (Social Housing Reform) Amendment Act 2016 1: Housing New Zealand Corporation Part 1 heading amended 1 July 2001 section 5(3) Housing Corporation Amendment Act 2001 3: Establishment of Corporation 1: There is hereby established Housing New Zealand Corporation 2: The Corporation is a Crown entity for the purposes of section 7 2A: 3: The Crown Entities Act 2004 5: 1965 No 47 ss 3(1), (2) 4(1), (7) Section 3(1) amended 1 July 2001 section 5(1) Housing Corporation Amendment Act 2001 Section 3(2) replaced 25 January 2005 section 200 Crown Entities Act 2004 Section 3(2A) repealed 1 July 2001 section 5(2) Housing Corporation Amendment Act 2001 Section 3(3) replaced 25 January 2005 section 200 Crown Entities Act 2004 Section 3(5) repealed 25 January 2005 section 200 Crown Entities Act 2004 3AA: Membership of Corporation 1: The Corporation must have at least 2, but no more than 8, members appointed under section 28(1)(a) 2: A person who is employed by a department of State responsible for advising the Minister on the Corporation's performance is disqualified from being a member. 3: Subsection (2) does not limit section 30 4: Members of the Corporation are the board for the purposes of the Crown Entities Act 2004 Section 3AA inserted 25 January 2005 section 200 Crown Entities Act 2004 3A: Corporation to have Tenancy Bond Division Section 3A repealed 18 August 1992 Housing Corporation Amendment Act 1992 3B: Objectives of Corporation The Corporation's objectives are— a: to give effect to the Crown's social objectives by providing housing, and services related to housing, in a businesslike manner, and to that end to be an organisation that— i: exhibits a sense of social responsibility by having regard to the interests of the community in which it operates; and ii: exhibits a sense of environmental responsibility by having regard to the environmental implications of its operations; and iii: operates with good financial oversight and stewardship, and efficiently and effectively manages its assets and liabilities and the Crown's investment b: but see section 50J Part 5A c: Section 3B inserted 1 July 2001 section 6 Housing Corporation Amendment Act 2001 Section 3B(a)(iii) amended 28 May 2015 section 4(1) Housing Corporation (Social Housing Reform) Amendment Act 2015 Section 3B(b) inserted 25 February 2016 section 5 Housing Corporation (Social Housing Reform) Amendment Act 2016 Section 3B(c) repealed 6 August 2010 section 6(2)(b) Affordable Housing: Enabling Territorial Authorities Act Repeal Act 2010 3C: Communication of the Crown's social objectives 1: To enable the Corporation to achieve the objective stated in section 3B(a) or review 3 months 2: Each of the Corporation's statements of performance expectations a: the objectives most recently notified by the Minister; and b: the steps that the group comprising the Corporation and any Crown entity 3: Nothing in subsections (1) and (2) limits or affects sections 141 149E section 20 Section 3C inserted 1 July 2001 section 6 Housing Corporation Amendment Act 2001 Section 3C(1) amended 18 July 2013 section 42 Crown Entities Amendment Act 2013 Section 3C(2) amended 1 July 2014 section 72 Crown Entities Amendment Act 2013 Section 3C(2)(b) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 3C(3) amended 1 July 2014 section 72 Crown Entities Amendment Act 2013 Section 3C(3) amended 25 January 2005 section 200 Crown Entities Act 2004 3D: Other provisions relating to Corporation Schedule 1A Section 3D inserted 1 July 2001 section 6 Housing Corporation Amendment Act 2001 4: Offices of Corporation Section 4 repealed 25 January 2005 section 200 Crown Entities Act 2004 5: Director-General of Corporation Section 5 repealed 1 May 1993 Housing Corporation Amendment Act 1992 6: Deputies Section 6 repealed 19 December 1989 section 32(1) State Sector Amendment Act (No 2) 1989 7: Members to hold office during pleasure Section 7 repealed 1 July 2001 section 25(1)(b) Housing Corporation Amendment Act 2001 8: Disqualification of members Section 8 repealed 1 July 2001 section 25(1)(b) Housing Corporation Amendment Act 2001 9: Vacancies Section 9 repealed 1 July 2001 section 25(1)(b) Housing Corporation Amendment Act 2001 10: Meetings of Corporation Section 10 repealed 1 July 2001 section 25(1)(b) Housing Corporation Amendment Act 2001 11: Disclosure of interests Section 11 repealed 1 July 2001 section 25(1)(b) Housing Corporation Amendment Act 2001 12: Remuneration of members Section 12 repealed 1 July 2001 section 25(1)(b) Housing Corporation Amendment Act 2001 13: Employees Section 13 repealed 1 July 2001 section 25(1)(b) Housing Corporation Amendment Act 2001 14: Contracts of Corporation Section 14 repealed 1 July 2001 section 25(1)(b) Housing Corporation Amendment Act 2001 15: Execution of documents on behalf of Corporation Section 15 repealed 1 July 2001 section 25(1)(b) Housing Corporation Amendment Act 2001 16: Committees Section 16 repealed 1 July 2001 section 25(1)(b) Housing Corporation Amendment Act 2001 17: Delegation of functions or powers of Corporation Section 17 repealed 1 July 2001 section 25(1)(b) Housing Corporation Amendment Act 2001 2: Functions and powers of Corporation 18: Functions of Corporation 1: The Corporation's principal function is to achieve its objectives. 2: The Corporation's functions include— a: providing rental housing, principally for those who need it most: b: providing appropriate accommodation, including housing, for community organisations (in particular for community organisations that provide residential support services for people with special needs): c: lending for housing purposes, and providing other help relating to housing: d: giving people (in particular people on low or modest incomes who wish to own their own homes) help and advice on matters relating to housing or services related to housing: e: undertaking housing and other development and renewal, whether on its own account or on behalf of other persons: f: acquiring and developing land for housing or other development and renewal, whether by— i: providing housing amenities, facilities, services, or works; or ii: providing commercial or industrial amenities, facilities, services, or works; or iii: providing related amenities, facilities, services, or works; or iv: doing any other thing: g: selling, leasing, disposing of, managing, or otherwise dealing with land, whether in the course of housing or other development and renewal or otherwise: h: providing housing or services related to housing as agent for departments of State or Crown entities: i: taking action, in relation to or in connection with the provision of housing or services related to housing, provided for in— i: the Corporation's current statement of intent; or ii: a notice or agreement under section 20 iii: a plan under section 20A j: conducting research into, and monitoring trends in, housing and services related to housing (but not for the purpose of advising the Minister of Housing on those matters) k: l: any other functions conferred on it by this Act or any other enactment. 3: In performing any of its functions, the Corporation may consult any person or organisation whose views or knowledge it believes will enhance its performance of the function. 4: Subsection (2) does not limit subsection (1). Section 18 replaced 1 July 2001 section 7 Housing Corporation Amendment Act 2001 Section 18(2)(j) amended 28 May 2015 section 5(1) Housing Corporation (Social Housing Reform) Amendment Act 2015 Section 18(2)(k) repealed 28 May 2015 section 5(2) Housing Corporation (Social Housing Reform) Amendment Act 2015 19: Powers of Corporation 1: 1A: The Corporation may take any action in the performance of its functions or achievement of its objectives jointly, or in conjunction, with— a: a local authority; or b: any other person or organisation that provides housing without having profit or gain as its principal motive; or c: any other person or organisation. 1B: Subsection (1A) does not limit section 17 2: 3: Nothing in this section or in section 18 4: Without limiting section 17 a: act as an agent for the Crown, or for any Government department, or for any other person or body, and in return for such services charge any fees or other remuneration that may be agreed on between the Corporation and the principal; and b: c: acting through a solicitor, or through a person acting under the supervision of a solicitor, draw or prepare for or on behalf of any other person— i: any conveyance within the meaning of the Property Law Act 2007 ii: any deed within the meaning of the Property Law Act 2007 iii: any tenancy agreement or lease, or any agreement evidencing any tenancy or lease— and may provide any legal advice or legal services attendant upon any such work, and in return for such work, advice, or services may charge any fees or other remuneration that may be agreed on between the Corporation and the person for or on behalf of whom it is acting. 5: The Corporation, in acting for any principal, may with the agreement and on behalf of the principal make any investment in the name of the Corporation. 6: 1965 No 47 ss 16 22 Section 19(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 19(1A) inserted 1 July 2001 section 8(1) Housing Corporation Amendment Act 2001 Section 19(1B) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 19(2) repealed 1 July 2001 section 8(1) Housing Corporation Amendment Act 2001 Section 19(4) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 19(4)(b) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 19(4)(c) inserted 29 April 1987 Housing Corporation Amendment Act 1987 Section 19(4)(c)(i) amended 1 January 2008 section 364(1) Property Law Act 2007 Section 19(4)(c)(ii) amended 1 January 2008 section 364(1) Property Law Act 2007 Section 19(6) repealed 25 January 2005 section 200 Crown Entities Act 2004 19A: Corporation may sell or dispose of all or part of its property Section 19A repealed 1 July 2001 section 9 Housing Corporation Amendment Act 2001 19B: Validity of transactions Section 19B repealed 25 January 2005 section 200 Crown Entities Act 2004 19C: Ministerial reviews Section 19C repealed 25 January 2005 section 200 Crown Entities Act 2004 20: Corporation to give effect to government policy 1: The Minister may require the Corporation to give effect to the policy of the Government, by— a: giving the Corporation a direction under section 103 b: giving the Corporation a direction 2: 3: 4: Section 20 replaced 1 July 2001 section 10 Housing Corporation Amendment Act 2001 Section 20(1)(a) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 20(1)(b) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 20(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 20(3) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 20(4) repealed 25 January 2005 section 200 Crown Entities Act 2004 20A: Other provisions relating to directions 1: Sections 114 115 section 20 2: When complying with section 115(2) section 20(1)(b) Gazette 3: The Corporation must prepare, and give to the Minister for approval a draft plan stating how it proposes to give effect to the policy of the Government if,— a: pursuant to a direction section 20 b: the Minister directs the Corporation to give effect to a government policy under section 103 4: Within 12 sitting days after approving a draft plan given under subsection (3), the Minister must present a copy of the approved plan to the House of Representatives. Section 20A inserted 1 July 2001 section 10 Housing Corporation Amendment Act 2001 Section 20A amended 25 January 2005 section 200 Crown Entities Act 2004 Section 20A(1) replaced 25 January 2005 section 200 Crown Entities Act 2004 Section 20A(2) replaced 25 January 2005 section 200 Crown Entities Act 2004 Section 20A(3)(a) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 20A(3)(b) replaced 25 January 2005 section 200 Crown Entities Act 2004 20B: Compensation of Corporation for providing certain services 1: If under section 20 a: the Crown must pay to the Corporation all or part of that price (as the case requires); and b: if the policy is for the Corporation to provide housing and related services to persons who are to be required to pay income-related rents rather than market rents for the housing, the notice or agreement concerned must state that the housing and related services are to be provided in return for the payment by the Crown to the Corporation of either— i: the difference between the amounts of market rents for the housing and the income-related rents charged; or ii: an alternative price, set out in that notice or agreement, that has been agreed to by the Corporation. 2: If, because its statement of intent requires it to do so, the Corporation provides services that it cannot provide on normal business terms, the Crown may wholly or partly recompense it for doing so. 3: In subsection (1)(b), income-related rents market rents section 2(1) and Tenancy Matters 4: After the vesting day in relation to HNZ, every agreement between the Crown and HNZ entered into by virtue of a requirement under section 7 and Tenancy Matters section 85 direction under section 20(1)(b) 5: Nothing in this section limits or affects the generality of section 20 Section 20B inserted 1 July 2001 section 10 Housing Corporation Amendment Act 2001 Section 20B(1)(b) replaced 28 May 2015 section 15(2) Housing Restructuring and Tenancy Matters (Social Housing Reform) Amendment Act 2015 Section 20B(3) amended 14 April 2014 section 25 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 20B(3) amended 1 July 2006 section 5(2)(b) Housing Restructuring and Tenancy Matters (Information Matching) Amendment Act 2006 Section 20B(4) amended 14 April 2014 section 25 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 20B(4) amended 1 July 2006 section 5(2)(b) Housing Restructuring and Tenancy Matters (Information Matching) Amendment Act 2006 Section 20B(4) amended 25 January 2005 section 200 Crown Entities Act 2004 20C: Application of sections 20 to 20B to subsidiaries Sections 20 to 20B Crown entity subsidiaries of the Corporation Crown entity subsidiary of the Corporation Section 20C inserted 1 July 2001 section 10 Housing Corporation Amendment Act 2001 Section 20C amended 25 January 2005 section 200 Crown Entities Act 2004 21: Loans to local authorities for housing purposes 1: The Corporation may from time to time make loans to local authorities for housing purposes. 2: Any loan made to a local authority by the Corporation under this section may be made either out of money received by the Corporation under subsection (1) of section 32 3: In this section, local authority Local Government Act 2002 1965 No 47 s 18 Section 21(3) replaced 1 July 2003 section 262 Local Government Act 2002 22: Loans for industry and other purposes Section 22 repealed 18 August 1992 Housing Corporation Amendment Act 1992 23: Guarantees and indemnities Section 23 repealed 18 August 1992 Housing Corporation Amendment Act 1992 23A: Guarantees and indemnities under Residential Tenancies Act 1986 Section 23A repealed 18 August 1992 Housing Corporation Amendment Act 1992 24: Loans, guarantees, and indemnities at request of Minister of Finance 1: The Minister of Finance may from time to time in writing request the Corporation under this section to make any loan or expend any money or give any guarantee or indemnity, for any purpose specified in this Act, on such conditions as the Minister of Finance may specify. 2: Where the Corporation makes any loan or expends any money or gives any guarantee or indemnity pursuant to a request by the Minister of Finance under subsection (1), and in accordance with the conditions specified by the Minister of Finance under that subsection, the Corporation shall be deemed to be guaranteed by the Minister of Finance in respect of any loss that may be incurred by the Corporation arising out of the loan, expenditure, guarantee, or indemnity; and any money payable to the Corporation by the Minister of Finance pursuant to any such guarantee in favour of the Corporation shall be paid to the Corporation from a Crown Bank Account Section 24(2) amended 25 January 2005 section 83(7) Public Finance Act 1989 3: Securities for loans 25: Securities Section 25 repealed 1 July 2001 section 12 Housing Corporation Amendment Act 2001 26: Mortgages of leasehold interests 1: Where a registered leasehold interest in land is subject to any mortgage under which the Corporation is the mortgagee, the mortgage shall be deemed to extend to and include the mortgagor's interest in any registered lease that may be granted to him in renewal of the mortgaged lease, or otherwise in lieu of the mortgaged lease. 2: In this section— Corporation mortgage registered Land Transfer Act 2017 1965 No 47 s 24 Section 26(2) Corporation inserted 8 August 1991 section 9 Housing Corporation Amendment Act 1991 Section 26(2) registered amended 12 November 2018 section 250 Land Transfer Act 2017 27: Special provisions as to mortgages of leasehold interests in Crown land or certain classes of Maori land 1: This section applies to any mortgage under which the Corporation is the mortgagee for the time being and which is a mortgage of the mortgagor's interest in— a: any lease of any Crown land or of any other land vested in Her Majesty; or b: any lease of land that is subject to the Maori Vested Lands Administration Act 1954 Maori Reserved Land Act 1955 c: any lease to which section 57 2: In this section— Corporation lease leasing authority Māori Trustee 3: Except with the consent of the Corporation, and on such terms as it thinks fit, it shall not be lawful for any leasing authority to forfeit or cancel the mortgagor's interest in any lease for breach of the conditions, or to accept any surrender thereof, or to cancel the mortgagor's right to compensation for or valuation of improvements, without giving to the Corporation at least 3 months' previous notice in writing of its intention so to do. 4: Notwithstanding such forfeiture, cancellation, or surrender, the mortgage to the Corporation shall, by virtue of this section, be deemed to be a first charge on the improvements then existing on the land for all money payable in respect thereof by any incoming tenant or occupier of the land (to the extent to which the mortgagor would have had interest therein if his title to the land had been lawfully determined otherwise than by forfeiture, cancellation, or surrender), and such money shall be paid to the Corporation accordingly: provided that the Corporation may accept from such incoming tenant or occupier a mortgage of his estate and interest in the land in lieu of cash, and any restrictions imposed by any Act on the right of the tenant to mortgage or assign his interest shall not apply in the case of a mortgage granted under this subsection. 5: If, in the event of such forfeiture, cancellation, or surrender, the Corporation and the leasing authority are unable to agree as to the value of the mortgagor's interest in the improvements, such value shall be determined by arbitration. 6: In the event of the Corporation, as mortgagee in possession, granting a lease or other tenancy of the land, or of any part of the land (which it is hereby empowered to do without the consent of the leasing authority), then, for the purpose of preventing forfeiture or cancellation of the mortgagor's title for breach of conditions, but for no other purpose, fulfilment of conditions by the person in actual possession under such lease or other tenancy shall be considered as fulfilment by the mortgagor: provided that, in the case of any land administered by the Land Settlement Board, the grant of a lease by the Corporation shall be subject to the approval of the Minister of Lands and in the case of any land administered by the Māori Trustee 7: Where the Corporation as mortgagee in possession of any land grants a lease or other tenancy of the land in accordance with subsection (6), the rent received by the Corporation shall be apportioned between the Corporation and the leasing authority in proportion to the values of the capital interests in the land of the Corporation and the leasing authority (as representing the Crown or other owner of the land) or in such other proportions as may be mutually agreed to between the Corporation and the leasing authority. Any rent or other revenue that may be received by the leasing authority in respect of a temporary lease or licence granted after the cancellation, forfeiture, or surrender of the mortgagor's title shall be similarly apportioned between the leasing authority and the Corporation. 8: If the Corporation sells the security in exercise of its powers of sale, any restrictions imposed by any Act on the right of lessee or licensee to mortgage or assign his interest in the land shall not apply with respect to the sale to the purchaser, nor shall any such restrictions apply with respect to the mortgage by the purchaser of his estate or interest in the land to the Corporation to secure the whole or any part of the purchase money. 9: Any sale by the Corporation in the exercise of its powers of sale may be by public auction or private contract, as the Corporation in its discretion thinks fit, and in the case of sale by private contract advertising shall not be necessary: provided that in the case of any land administered by the Land Settlement Board the sale shall be subject to the approval of the Minister of Lands. 10: Notwithstanding anything to the contrary in any other Act, the power of sale shall be deemed to arise and accrue and may, without the consent of the leasing authority, be exercised by the Corporation at any time after the expiration of the period limited in that behalf by the mortgage. 1965 No 47 s 25 Section 27(2) Corporation inserted 8 August 1991 section 10 Housing Corporation Amendment Act 1991 Section 27(2) Corporation amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 27(6) proviso amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 28: Repayment of loans Section 28 repealed 1 July 2001 section 25(1)(b) Housing Corporation Amendment Act 2001 29: Borrowers to contribute to Corporation's funds 1: Every person who receives from the Corporation a loan of money (except a loan made pursuant to section 24 Corporation's funds 2: Any sum payable pursuant to subsection (1) to the Corporation's funds 1965 No 47 s 27 s 3 Section 29 amended 1 July 2001 section 11(2) Housing Corporation Amendment Act 2001 Section 29(1) amended 1 July 2001 section 11(1) Housing Corporation Amendment Act 2001 Section 29(2) amended 1 July 2001 section 11(1) Housing Corporation Amendment Act 2001 4: Financial provisions 30: Borrowing powers of Corporation and subsidiaries Section 30 repealed 1 July 2014 section 72 Crown Entities Amendment Act 2013 30AA: Loans deemed to have been lawfully raised So far as concerns any lender or holder,— a: all money borrowed by the Corporation or a Crown entity subpart 3 b: all securities and charges issued, granted, or varied by the Corporation or a Crown entity subpart 3 c: the following must for all purposes be treated as having been undertaken in accordance with subpart 3 i: all actions taken by the Corporation or a Crown entity ii: all actions taken by the Corporation or a Crown entity d: the lender or holder does not have to inquire whether, or to what extent, authority has been given under that Act Section 30AA inserted 1 July 2001 section 13 Housing Corporation Amendment Act 2001 Section 30AA(a) amended 1 July 2014 section 72 Crown Entities Amendment Act 2013 Section 30AA(a) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 30AA(b) amended 1 July 2014 section 72 Crown Entities Amendment Act 2013 Section 30AA(b) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 30AA(c) amended 1 July 2014 section 72 Crown Entities Amendment Act 2013 Section 30AA(c) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 30AA(c)(i) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 30AA(c)(ii) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 30AA(d) amended 25 January 2005 section 200 Crown Entities Act 2004 30A: Power to enter into swaps or other financial arrangements Section 30A repealed 1 July 2001 section 25(1)(b) Housing Corporation Amendment Act 2001 31: Securities issued by Corporation to be guaranteed by Crown 1: All bonds, stock, and other securities issued by the Corporation before the commencement of the Housing Corporation Amendment Act 2001 section 49 2: If any default is made by the Corporation in the payment of any principal or interest payable by it in respect of any bonds, stock, or other securities referred to in subsection (1), such principal or interest, as the case may be, shall forthwith be paid by the Minister of Finance out of a Crown Bank Account 3: All money paid by the Minister of Finance under the authority of this section on account of any bonds, stock, or other securities shall constitute a debt due by the Corporation to the Crown, and shall be recoverable accordingly. 1965 No 47 s 29 Section 31(1) amended 1 July 2001 section 14 Housing Corporation Amendment Act 2001 Section 31(2) amended 25 January 2005 section 83(7) Public Finance Act 1989 32: Investments in securities issued by Corporation Section 32 repealed 1 October 1988 section 16(1) Trustee Amendment Act 1988 33: Corporation may borrow money on hypothecation of securities Section 33 repealed 1 July 2001 section 15 Housing Corporation Amendment Act 2001 34: Registration of stock Section 34 repealed 1 July 2001 section 15 Housing Corporation Amendment Act 2001 35: Advances from Crown Bank Account Section 35 repealed 1 July 2001 section 15 Housing Corporation Amendment Act 2001 36: General Reserve Fund Section 36 repealed 1 July 2001 section 15 Housing Corporation Amendment Act 2001 37: Corporation to maintain approved securities on account of General Reserve Fund Section 37 repealed 1 July 2001 section 15 Housing Corporation Amendment Act 2001 38: Financial year Section 38 repealed 25 January 2005 section 200 Crown Entities Act 2004 39: Unauthorised expenditure Section 39 repealed 1 July 2001 section 15 Housing Corporation Amendment Act 2001 40: Distribution of profits 1: The Corporation must pay its surplus for each financial year into a Crown bank account 2: In subsection (1), surplus statement of performance expectations and annual financial statements Section 40 replaced 1 July 2001 section 16 Housing Corporation Amendment Act 2001 Section 40(1) amended 25 January 2005 section 65R(3) Public Finance Act 1989 Section 40(2) amended 1 July 2014 section 72 Crown Entities Amendment Act 2013 41: Audit of accounts Section 41 repealed 21 December 1992 section 42 Public Finance Amendment Act 1992 41A: Crown entity Section 41A repealed 1 July 2001 section 25(1)(b) Housing Corporation Amendment Act 2001 42: Annual report Section 42 repealed 25 January 2005 section 200 Crown Entities Act 2004 5: General provisions 43: Protection of name of Corporation 1: No company or other body corporate may be incorporated or registered under any enactment in New Zealand under— a: the name Housing Corporation of New Zealand; or b: the name Housing New Zealand Corporation; or c: any other name that in the opinion of the Registrar of Companies so resembles either of those names as to be calculated to deceive. 2: No person other than the Corporation may (alone or with any other person or persons) trade or carry on business under, or in any other way use as the name or description of an unincorporated body or organisation,— a: the name Housing Corporation of New Zealand; or b: the name Housing New Zealand Corporation; or c: any other name so resembling either of those names as to be calculated to deceive. 2A: Subsections (1) and (2) do not prevent HNZ from continuing to use the name Housing New Zealand. 3: Any person who contravenes subsection (2) commits an offence and shall be liable on 1965 No 47 s 40 Section 43(1) replaced 1 July 2001 section 18(1) Housing Corporation Amendment Act 2001 Section 43(2) replaced 1 July 2001 section 18(1) Housing Corporation Amendment Act 2001 Section 43(2A) inserted 1 July 2001 section 18(2) Housing Corporation Amendment Act 2001 Section 43(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 43A: Conveyancing 1: Where, pursuant to paragraph (c) of section 19(4) client any employee of the Corporation 2: Nothing in subsection (1) shall affect the right of the solicitor to act for the Corporation or any other person as well as the client. 3: 4: If, as a result of anything done or omitted to be done by the Corporation in the exercise of any of its powers under section 19(4)(c) 5: Nothing in sections 21 22 24 section 19(4)(c) 6: Notwithstanding anything in section 9 section 19(4)(c) 7: No solicitor employed, engaged, or instructed by the Corporation shall be personally liable for any act done or default made in good faith by the solicitor while acting for the Corporation in the exercise or purported exercise by the Corporation of any of its powers under section 19(4)(c) Section 43A inserted 29 April 1987 Housing Corporation Amendment Act 1987 Section 43A(1) amended 1 May 1993 Housing Corporation Amendment Act 1992 Section 43A(3) repealed 1 July 2001 section 25(1)(b) Housing Corporation Amendment Act 2001 Section 43A(5) amended 1 August 2008 section 348 Lawyers and Conveyancers Act 2006 Section 43A(6) amended 1 August 2008 section 348 Lawyers and Conveyancers Act 2006 44: Prohibition of procuration fees Section 44 repealed 1 July 2001 section 19 Housing Corporation Amendment Act 2001 45: Corporation's liability for taxes and rates The Corporation shall be liable for taxes and rates to the same extent as if it were a company incorporated under the Companies Act 1993 1965 No 47 s 43 Section 45 amended 1 July 2001 section 20 Housing Corporation Amendment Act 2001 46: Members not Crown servants Section 46 repealed 25 January 2005 section 200 Crown Entities Act 2004 47: Personal liability of members Section 47 repealed 1 July 2001 section 25(1)(b) Housing Corporation Amendment Act 2001 48: Regulations The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: a: prescribing forms of mortgage or other securities given in favour of the Corporation: b: providing for such matters as are contemplated by or are necessary for giving full effect to the provisions of this Act and for its due administration. 1965 No 47 s 44 49: Corporation to succeed State Advances Corporation 1: The Corporation State Advances Corporation Act 1965 2: On the commencement of this Act,— a: every director of the State Advances Corporation shall retire from office; and b: all real and personal property that immediately before the commencement of this Act was vested in the State Advances Corporation shall, without conveyance, transfer, or assignment, vest in the Corporation c: all the contracts, debts, and liabilities of the State Advances Corporation immediately before the commencement of this Act (including every guarantee and indemnity continuing to have effect, immediately before the commencement of this Act, under subsection (3) of section 2 of the State Advances Corporation Amendment Act 1970 Corporation 3: The Registrar-General of Land must, on written application by the Corporation, register it as the owner of any estate or interest that is registered under the Land Transfer Act 2017 4: In the financial year ending with 31 March 1975, the Corporation sections 41 42 Corporation Section 49(1) amended 1 July 2001 section 24(2) Housing Corporation Amendment Act 2001 Section 49(2)(b) amended 1 July 2001 section 24(2) Housing Corporation Amendment Act 2001 Section 49(2)(c) amended 1 July 2001 section 24(2) Housing Corporation Amendment Act 2001 Section 49(3) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 49(4) amended 1 July 2001 section 24(2) Housing Corporation Amendment Act 2001 49A: References to Housing Corporation of New Zealand Every reference to the Corporation under its former name of the Housing Corporation of New Zealand in any enactment, agreement, contract, deed, or other document enacted, entered into, or created before 1 July 2001 must be read as a reference to the Corporation under its present name. Section 49A inserted 1 July 2001 section 21 Housing Corporation Amendment Act 2001 50: Amendments to other enactments, repeals, and savings 1: The enactments specified in Schedule 1 2: The enactments specified in Schedule 2 3: Subject to the other provisions of this Act, and unless in any case the context otherwise requires, every reference in any enactment, regulation, rule, order, agreement, deed, instrument, application, notice, licence, or other document whatsoever, in force at the commencement of this Act,— a: to the State Advances Corporation of New Zealand shall hereafter be read as a reference to the Corporation b: to the Managing Director or General Manager of the State Advances Corporation of New Zealand shall hereafter be read as a reference to the person for the time being holding office as the chief executive (however designated) Corporation 4: Notwithstanding the repeal of the State Advances Corporation Act 1965 Corporation section 49 State Advances Corporation Act 1965 section 2 Section 50(3)(a) amended 1 July 2001 section 24(2) Housing Corporation Amendment Act 2001 Section 50(3)(b) amended 1 July 2001 Housing Corporation Amendment Act 2001 Section 50(3)(b) amended 1 May 1993 Housing Corporation Amendment Act 1992 Section 50(4) amended 1 July 2001 Housing Corporation Amendment Act 2001 5A: Social housing reform Part 5A inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016 Purpose, overview, and interpretation Heading inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016 50A: Purpose of this Part The purpose of this Part is to enable social housing transactions to be entered into and implemented. Section 50A inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016 50B: Overview of this Part 1: This Part— a: gives powers to the Minister to enter into social housing transactions for and on behalf of the Corporation or subsidiary; and b: provides for both the Minister and the Corporation to have a role in implementing social housing transactions; and c: provides for other matters, such as delegation of the Minister’s powers, and provisions relating to liabilities. 2: Subsection (1) is only a guide to the general scheme and effect of this Part. Section 50B inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016 50C: Interpretation In this Part, unless the context otherwise requires,— assets section 51 contract Corporation or subsidiary a: the Corporation: b: any 1 or more Crown entity subsidiary of the Corporation member Ministry person relevant board settled social housing reform objectives section 50D social housing transaction section 50E 50F transaction process transfer contract section 50E transferee transitional services contract section 50F Section 50C inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016 Entry into and implementation of social housing transactions Heading inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016 50D: Meaning and relevance of social housing reform objectives 1: The social housing reform objectives are any 1 or more of the following: a: people who need housing support can access it and receive social services that meet their needs: b: social housing is of the right size and configuration, and in the right areas, for households that need it: c: social housing tenants are helped to independence, as appropriate: d: there is more diverse ownership or provision of social housing: e: there is more innovation and more responsiveness to social housing tenants and communities: f: the supply of affordable housing is increased, especially in Auckland. 2: The social housing reform objectives are relevant to decisions by the Minister to enter into transfer contracts ( see section 50E Section 50D inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016 50E: Minister may enter into transfer contracts as Corporation or subsidiary 1: The Minister may enter into a contract, for and on behalf of the Corporation or subsidiary, that provides for either or both of the following (a transfer contract a: the transfer of ownership of assets of the Corporation or subsidiary: b: the grant of an interest in assets of the Corporation or subsidiary. 2: A transfer contract may be on any terms and conditions (including as to consideration) that the Minister may agree with the transferee. Section 50E inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016 50F: Minister may enter into transitional services contracts as Corporation or subsidiary 1: The Minister may enter into a contract, for and on behalf of the Corporation or subsidiary, that relates to any assets that are the subject of a transfer contract and that provides for either or both of the following (a transitional services contract a: the provision of housing related services by the Corporation or subsidiary, to the transferee, on a transitional basis: b: the provision of access to information and information technology systems and processes of the Corporation or subsidiary, to the transferee, on a transitional basis. 2: A transitional services contract may be on any terms and conditions (including as to consideration) that the Minister may agree with the transferee. 3: See section 50M Section 50F inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016 50G: Minister may do other things as Corporation or subsidiary relating to and to implement social housing transactions The Minister may, for and on behalf of the Corporation or subsidiary, do anything— a: that the Minister considers necessary or desirable in relation to the negotiation of, or entry or potential entry into, a transfer contract or a transitional services contract: b: to effect a transfer of assets or a grant of an interest in assets under a transfer contract: c: that the Minister otherwise considers necessary or desirable for the implementation of a social housing transaction. Section 50G inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016 50H: Provisions applying to things Minister may do 1: In acting under section 50E 50F 50G 2: However, the Minister is not constrained by, and sections 50E to 50G a: the objectives, functions, or powers of the Corporation or subsidiary: b: the statement of intent or statement of performance expectations for the Corporation or subsidiary: c: the constitution of any subsidiary: d: the role, authority, powers, or duties of any relevant board: e: anything to the contrary contained or implied in this Act, the Crown Entities Act 2004 Companies Act 1993 f: any rule of law to the contrary relating to capacity or validity of acts. 3: An act of the Minister in accordance with this Part binds the Corporation or subsidiary (regardless of the capacity of the entity or entities concerned). 1993 No 105 ss 16–17 181(2) ss 16–19 129(2) Section 50H inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016 50I: Application of Public Works Act 1981 1: Nothing in sections 40 to 42 2: Subsection (1) applies despite the powers exercised (and exercisable) by the Minister under this Part. 3: Nothing in subsection (1) limits section 27(4A) Section 50I inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016 Facilitation and implementation of social housing transactions Heading inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016 50J: Objectives of Corporation for this Part 1: The Corporation’s principal objectives for this Part are to facilitate the transaction processes and to facilitate and implement social housing transactions. 2: The Corporation’s principal objectives for this Part prevail over the Corporation’s other objectives. Section 50J inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016 50K: Functions of Corporation for this Part 1: Despite section 18(1) 2: The Corporation’s functions for this Part include— a: performing social housing transactions: b: taking action in relation to or in connection with social housing transactions (including action under or in relation to transfer contracts or transitional services contracts, and including action provided for in the Corporation’s current statement of intent or statement of performance expectations): c: taking action in relation to or in connection with potential social housing transactions (including action provided for in the Corporation’s current statement of intent or statement of performance expectations): d: any other functions conferred on it by this Part. 3: Subsection (2) does not limit subsection (1). Section 50K inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016 Miscellaneous Heading inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016 50L: Publication of social housing transaction 1: The Minister must, as soon as practicable after a social housing transaction is settled,— a: publish a notice in the Gazette b: present a copy of that notice to the House of Representatives. 2: The Ministry must,— a: as soon as practicable after the Minister’s notice is published in the Gazette b: ensure that the notice remains on the site and accessible to members of the public at all reasonable times. Section 50L inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016 50M: Minister must notify Corporation or subsidiary of intention to enter into transitional services contract 1: The Minister must give written notice to the Corporation or subsidiary, as relevant, of the Minister’s intention to enter into a transitional services contract, at least 5 working days before entering into the contract. 2: The notice must be accompanied by a copy of the proposed contract. Section 50M inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016 50N: Minister must notify Corporation or subsidiary of social housing transaction 1: The Minister must give written notice to the Corporation or subsidiary, as relevant, as soon as practicable after entering into a social housing transaction that is, or has become, unconditional. 2: The notice must be accompanied by— a: the 1 or more contracts that give effect to the social housing transaction; and b: a copy of any related documents (for example, any notices given); and c: a description of the general nature of anything else done (or anticipated to be done) under section 50G Section 50N inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016 50O: Corporation or subsidiary must supply information 1: The Corporation or subsidiary must supply to the Minister any information requested in writing by the Minister to facilitate a transaction process, or to facilitate the implementation by the Minister of a social housing transaction. 2: Subsection (1) does not apply to the extent that the supply of the information would breach the information privacy principles set out in the Privacy Act 1993 3: The Corporation or subsidiary must supply the information as soon as practicable after receiving the Minister’s written request. 4: Section 178 Section 50O inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016 50P: Method of contracting 1: The Minister may enter into a contract or other enforceable obligation in accordance with this Part, for and on behalf of the Corporation or subsidiary, by signing under the name of the entity or entities concerned. 2: A contract or other enforceable obligation entered into by the Minister for and on behalf of the Corporation under subsection (1) is deemed to be entered into in accordance with section 127(2) 3: A contract or other enforceable obligation entered into by the Minister for and on behalf of a Crown entity subsidiary of the Corporation under subsection (1) is deemed to be entered into in accordance with section 180(1)(a) 1993 No 105 s 180 s 127 Section 50P inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016 50Q: Delegation 1: The Minister may delegate all or any of the Minister’s functions and powers under this Part to the chief executive of the Ministry. 2: Section 28(2) to (7) section 29 3: Section 41(2) and (5) 4: Every person purporting to act under this Part pursuant to any delegation under section 41 a: must produce evidence of his or her authority to do so if signing a document in the nature of a deed or if reasonably requested to do so; and b: must otherwise, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation. 5: This section applies despite any enactment or rule of law to the contrary. Section 50Q inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016 Legal effect Heading inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016 50R: Legal effect of things done by Minister 1: The Corporation or subsidiary is responsible and liable for anything done, or not done, under section 50E 50F 50G 2: Neither the Crown nor the Minister is responsible or liable to any person by reason of acting, or having not acted, under section 50E 50F 50G 3: In subsections (1) and (2), not acted 4: Anything done, or purported to be done, under section 50E 50F 50G 5: This section applies despite any enactment or rule of law to the contrary. 6: Nothing in this section affects the right of a person to apply, in accordance with the law, for judicial review. Section 50R inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016 50S: Protection from liability for board, members, individuals, etc 1: No relevant board or member, nor any office holder or employee of the Corporation or subsidiary, is liable to any person for— a: a decision of the Minister under this Part; or b: the exercise by the Minister of a power under section 50E 50F 50G 2: The effect of this Part must be taken into account in determining the nature of the duties of each relevant board and member in respect of acts or omissions under this Part (for example, under section 51 56 section 137 3: The benefit of the immunity in section 121 4: Section 138A(2) 5: A requirement to keep accounting records (for example, as in section 168(1) 6: This section applies despite any enactment or rule of law to the contrary. Section 50S inserted 25 February 2016 section 6 Housing Corporation (Social Housing Reform) Amendment Act 2016 6: Restructuring of housing entities Part 6 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001 51: Interpretation In this Part, unless the context otherwise requires,— assets a: choses in action and money: b: goodwill: c: rights, interests, and claims of every kind in or to property, whether arising from, accruing under, created or evidenced by, or the subject of, an instrument or otherwise, and whether liquidated or unliquidated, actual, contingent, or prospective liabilities rights Section 51 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001 Housing New Zealand Limited to become subsidiary of Corporation Heading inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001 52: Vesting in Corporation of the Crown's shares in Housing New Zealand Limited 1: On the commencement of the Housing Corporation Amendment Act 2001 2: In subsection (1), company responsible Minister section 2(1) and Tenancy Matters Section 52 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001 Section 52(2) amended 1 July 2006 section 5(2)(b) Housing Restructuring and Tenancy Matters (Information Matching) Amendment Act 2006 Transfer to Corporation of assets, functions, liabilities, and obligations of existing companies Heading inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001 53: Vesting orders 1: The Governor-General may, by Order in Council made on the recommendation of the Minister,— a: vest in the Corporation— i: all the assets and liabilities of an existing company; and ii: any assets of the Crown used principally for the purpose of the Corporation or that existing company; and iii: any liability of the Crown arising from the operations of the Corporation or that existing company; and b: confer or impose rights or obligations on the Corporation in relation to any asset or liability vested; and c: direct any person or authority to register, record, or take notice of any thing done by the order, the consequential effect of section 54 2: The Minister— a: must not recommend the making of an order vesting all the assets and liabilities of an existing company in the Corporation without first considering— i: the company's obligations to its creditors; and ii: the likely effect of the vesting on those obligations; and b: must not recommend the making of an order vesting any liability of the Crown in the Corporation unless satisfied that it was incurred in the process of or for the purposes of the performance of the functions of the Corporation or the existing company concerned; and c: must not recommend the making of an order conferring or imposing a right or obligation on the Corporation in relation to any asset or liability unless satisfied that it is necessary or desirable to do so because of the vesting of the asset or liability in the Corporation. OIC Housing Restructuring and Tenancy Matters Act 1992 Sections 7 and 65 are repealed with effect on the day on which the order under section 53 of this principal Act relating to HNZ comes into force Section 53 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001 54: Additional effects of orders On and after the vesting day,— a: every reference to the existing company concerned in any contract, lease, notice, order, proceedings, regulations, or other document has effect as a reference to the Corporation; and b: to the extent that the order concerned vests an asset or liability of the Crown in the Corporation, every reference to the Crown (whether as Her Majesty, the Crown, or a Minister of the Crown) in any contract, lease, notice, order, proceedings, regulations, or other document relating to the asset or liability (being a reference to the Crown by virtue of its status as owning the asset or being liable for the liability) has effect as a reference to the Corporation; and c: the Corporation has all the rights, obligations, privileges, and immunities of the existing company concerned (and of any officer or employee of that company acting as an officer or employee of that company), and all the rights, obligations, privileges, and immunities of the Crown as aforesaid (other than rights, obligations, privileges, and immunities that the Crown has only by virtue of being the Crown), in relation to all appeals, applications, objections, and other proceedings before any authority, court, tribunal, or person acting judicially, relating to any asset or liability vested by the order concerned. Section 54 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001 55: Records and registers 1: Except as provided in section 53(1)(c) 2: An order under section 53 section 54 3: In the absence of evidence to the contrary, it is sufficient proof that any asset or liability is vested in the Corporation if a person presents to a registrar or any other person an instrument, whether or not comprising an instrument of transfer,— a: executed or purporting to be executed by or on behalf of the Corporation; and b: relating to any asset or liability held by an existing company or the Crown immediately before the vesting day; and c: containing a recital that the asset or liability has vested in the Corporation under this Act. Section 55 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001 56: Vesting to take effect as amalgamation for certain purposes 1: For the purposes of the Inland Revenue Acts (within the meaning of section 3(1) a: the vesting of the assets and liabilities of an existing company under section 53 b: the Corporation must be treated as an amalgamated company; and c: the company must be treated as an amalgamating company; and d: the company must be treated as having ceased to exist on the vesting day. 2: If the assets and liabilities of an existing company vest in the Corporation under section 53 a: section FO 12(1)(b) and (d) b: for the purposes of section FE 10 3: 4: Subsections (1) and (2) Companies Act 1993 5: Subsections (1) and (2) override section 45 Section 56 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001 Section 56(2)(a) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 56(3) repealed 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 56(4) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 57: Certain matters not affected by vesting Nothing effected or authorised by this Part— a: places the Crown, the Corporation (or any member), an existing company, or any other person in breach of, or default under, any contract, or in breach of trust, or in breach of confidence, or otherwise makes any of them guilty of a civil wrong; or b: gives rise to a cause of action against the Crown, the Corporation or any member, an existing company, or any other person; or c: gives rise to a right for any person to— i: terminate or cancel or modify a contract or an agreement; or ii: enforce or accelerate the performance of an obligation; or iii: require the performance of an obligation not otherwise arising for performance; or d: places the Crown, the Corporation (or any member), an existing company, or any other person in breach of any enactment or rule of law or contractual provision prohibiting, restricting, or regulating the assignment or transfer or issue of any asset or liability or the disclosure of any information; or e: releases any surety wholly or in part from all or any obligation; or f: invalidates or discharges any contract or security; or g: affects the Corporation's rights or liabilities under or in respect of any guarantee relating to the liabilities of an existing company given by or to the Corporation. Section 57 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001 58: Property or liabilities vested in Corporation If any asset or liability of the Crown is vested in the Corporation under this Act,— a: the Crown remains liable to any third party as if the asset or liability had not been vested, but must be indemnified by the Corporation in respect of any liability to the third party: b: any satisfaction or performance by the Corporation in respect of the asset or liability is also deemed to be satisfaction or performance by the Crown: c: any satisfaction or performance in respect of the asset or liability by any third party to the benefit of the Corporation is also deemed to be to the benefit of the Crown. Section 58 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001 59: Transfer of contracts and leases 1: Before the vesting day,— a: an existing company may transfer to the Corporation a specified right or benefit under a contract or lease to which it is a party; and b: the Corporation may transfer to an existing company a specified right or benefit under a contract or lease to which it is a party, or a right or benefit transferred to it under paragraph (a). 2: The transfer does not prevent the transferor from exercising or enjoying the right or benefit transferred. 3: The transfer may not be made unless— a: the proposed transferee has agreed to it; and b: written notice of it has been delivered to the proposed transferee, and to every other party to the contract or lease. 4: The transfer is binding on every party to the contract or lease. Section 59 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001 60: Application of Privacy Act 1993 1: For the purposes of the Privacy Act 1993 a: the use by the Corporation or its employees of any information gathered or held by an existing company is a directly related purpose; and b: the use by an existing company or its employees of any information gathered or held by the Corporation or another existing company is a directly related purpose. 2: Subsection (1) is for the avoidance of doubt. Section 60 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001 7: Transfer of employees to Corporation Part 7 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001 61: Interpretation In this Part, unless the context otherwise requires,— employment agreement section 5 old agreement transferred employee section 62 Section 61 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001 62: Transfer of employees to Corporation The Corporation may appoint to a position in its employment a person who is— a: an employee of an existing company; or b: an employee of a department listed in Schedule 1 Section 62 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001 63: Consultation The Corporation must not appoint a person to a position in its employment under section 62 Section 63 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001 64: Effect of old employment agreement Unless it provides otherwise, a transferred employee's old agreement continues to apply to him or her during the period referred to in section 65 a: entered into with the Corporation, rather than the former employer; and b: binding on him or her, the Corporation, and any other party to it other than the former employer. Section 64 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001 65: Period during which old agreement applies The period during which a transferred employee's old agreement continues to apply begins on his or her appointment to a position in the employment of the Corporation under section 62 a: he or she— i: ceases to be an employee of the Corporation; or ii: is appointed to some other position in the employment of the Corporation; or b: any of the conditions of employment applying to him or her under it are varied (otherwise than under section 67 Section 65 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001 66: Circumstances in which new employment agreement to apply The conditions of employment of a person appointed to a position in the employment of the Corporation under section 62 a: he or she is appointed to some other position in the employment of the Corporation; or b: any of the conditions of employment applying to him or her under his or her old agreement are varied (otherwise than under section 67 Section 66 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001 67: Changes in duties or location 1: If during the period referred to in section 65 section 62 a: his or her conditions of employment may be varied by agreement to reflect that change; but b: the varied conditions must be no less favourable than those he or she was entitled to under his or her old agreement. 2: Subsection (1) overrides section 64 Section 67 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001 68: Transfer not enough to break continuous employment For the purposes of any provisions of a transferred employee's old agreement relating to continuity of service, his or her appointment to a position in the employment of the Corporation under section 62 Section 68 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001 69: Transfer not enough to entitle employee to redundancy or severance payment A transferred employee is not entitled to receive compensation for redundancy, or a severance payment, because— a: the position he or she held in the existing company or department concerned has ceased to exist; or b: he or she has ceased by virtue of his or her appointment to a position in the employment of the Corporation to be an employee of that company or department. Section 69 inserted 1 July 2001 section 22 Housing Corporation Amendment Act 2001

DLM430462

1974

Local Legislation Act 1974

1: Short Title This Act may be cited as the Local Legislation Act 1974. City, borough, and county councils 2: Authorising the Alexandra Borough Council to guarantee a loan Whereas the Alexandra Borough Council (in this section referred to as the Council employee And whereas section 338 of the Municipal Corporations Act 1954 Be it therefore enacted as follows: 1: Subject to subsection (2), the Council is hereby authorised and empowered to guarantee a portion of a loan made by a financial institution to the employee upon the security of a first mortgage of an existing house. 2: The provisions of section 338 of the Municipal Corporations Act 1954 3: Amending section 32 of the Local Legislation Act 1959 Whereas section 32 said section Corporation And whereas that area of approximately 2 acres, when defined by survey, was to be declared by the Corporation an endowment in aid of the funds of the Southland Museum Trust Board and was so defined and declared: And whereas the endowment is no longer required: Be it therefore enacted as follows: 1: The endowment declared by the Corporation in aid of the funds of the Southland Museum Trust Board is hereby revoked. (2), (3): Amendment(s) incorporated in the Act(s) 4: Authorising Blenheim Borough Council to raise a special loan Whereas the Blenheim Borough Council (in this section referred to as the Council And whereas the amount of that loan was insufficient to enable the completion of that work: And whereas the Council has expended the sum of $17,938 out of its general revenues to complete the work: And whereas the Local Authorities Loans Board declined the Council's application to raise a special loan to refund to its general revenues the sum so expended from them: Be it therefore enacted as follows: The Council is hereby authorised and empowered to borrow by way of special loan under the Local Authorities Loans Act 1956 5: Authorising Blenheim Borough Council to graze cattle Whereas the Blenheim Borough Council (in this section referred to as the Council And whereas it is desirable to authorise the Council to graze cattle on that land: And whereas the Council has no authority to purchase, sell, or otherwise deal with cattle: Be it therefore enacted as follows: 1: The Council is hereby authorised and empowered to graze cattle on the land described in subsection (3) and for that purpose shall have power to incur expenditure, to purchase cattle, and sell any such cattle and the produce thereof. 2: All transactions relating to the grazing of cattle and to any dealings in respect of them, and any transactions in respect of the land necessary for the purposes of this section, shall be recorded by the Council in a miscellaneous separate activity account. 3: The land to which this section relates is described as follows: All that parcel of land containing 373.9295 hectares, more or less, situated in the Land District of Marlborough, being Section 15, Block III, Taylor Pass Survey District, and being all the land comprised in leasehold certificate of title, Volume 50, folio 157, Marlborough Land Registry, and as shown on SO Plan 1166. 6: Varying date on which farmland roll of Waitemata City Council comes into force Whereas the Borough of Waitemata was constituted by Order in Council dated 22 July 1974 as published in the Gazette And whereas clause 21(i) of the Order in Council provides that the constitution of the said borough shall be deemed to have come into effect for all accounting, rating, and other financial purposes as from and including 1 April 1974: And whereas the said borough was proclaimed to be a city by proclamation published in the same Gazette And whereas following that proclamation application was made to the Waitemata City Council (in this section referred to as the Council And whereas any such roll would, under section 133 of the Rating Act 1967 And whereas it is desirable that the farmland roll come into force on 1 April 1974: Be it therefore enacted as follows: 1: Notwithstanding section 133 of the Rating Act 1967 2: The Council is hereby authorised and empowered to refund to the persons entitled any rates found to be overpaid as a consequence of subsection (1). 7: Authorising the Taumarunui Borough Corporation to lease certain land for the purposes of a sale yard Whereas the mayor, councillors, and citizens of the Borough of Taumarunui (in this section referred to as the Corporation And whereas by memorandum of lease dated 15 March 1961 registered in the South Auckland Land Registry under No 208753 the Corporation leased the land to the members of the King Country Stock and Station Agents Association, namely Wright Stephenson & Co. Limited, Dalgety and New Zealand Loan Limited, New Zealand Loan and Mercantile Agency Company Limited, and Newton King Limited, as tenants in common in equal shares, as sale yards for the sole purpose of conducting sales by auction of livestock or of such other things as are usually sold in sale yards: And whereas the term of the said memorandum of lease is 20 years computed from 1 January 1961: And whereas the Corporation and the lessees desire to improve the facilities at the sale yards and the lessees desire a longer term than the unexpired residue of the present term: And whereas the Corporation has no authority to grant a new lease for such a term: Be it therefore enacted as follows: 1: The Corporation is hereby authorised to accept a surrender of the said memorandum of lease, and to grant to such members as from time to time may constitute the King Country Stock and Station Agents Association a new lease for a period of 20 years with a right of renewal for 20 years and upon such other terms as in its absolute discretion it thinks proper. 2: The land to which this section relates is described as follows: All that parcel of land containing 8.6162 hectares, more or less, being Lot 1 on DP S 10580 and part of the land on DP 21131, and being part Block XVIII, Taumarunui Maori Township, situated in Block I, Piopiotea Survey District, and being all the land comprised and described in certificate of title, Volume 600, folio 286, South Auckland Land Registry. 8: Varying date on which farmland rolls of Hutt County Council come into force Whereas during the financial year commencing with 1 April 1973 applications were made to the Hutt County Council (in this section referred to as the Council And whereas any such rolls would, under section 133 of the Rating Act 1967 And whereas it is desirable that the farmland rolls come into force on 1 April 1973: Be it therefore enacted as follows: 1: Notwithstanding section 133 of the Rating Act 1967 2: The Council is hereby authorised and empowered to refund to the persons entitled any rates found to be overpaid as a consequence of subsection (1). 9: Authorising Wairoa Borough Corporation and Wairoa County Corporation to extend cemetery within Wairoa Borough Whereas by Order in Council made on 17 April 1914, and published in the Gazette Borough Corporation And whereas the Borough Corporation, and the chairman, councillors, and citizens of the County of Wairoa (in this section referred to as the County Corporation And whereas no other site outside the boundary of the said Borough is suitable and available: Be it therefore enacted as follows: 1: Notwithstanding section 4(4) Town and Country Planning Act 1953 section 165 of the Municipal Corporations Act 1954 section 185 of the Counties Act 1956 2: The land to which this section relates is described as follows: All that parcel of land containing 4.0469 hectares, more or less, being Lot 60 and part Lot 59, Deeds Plan 577, and being part of the land described in certificate of title, Volume No A3, folio 436, Hawke's Bay Land Registry. 10: Authorising Wellington City Council to use Electricity Renewal Fund for capital works, and providing for the suspension of appropriations to that fund Whereas the Wellington City Renewal Fund Commissioners (in this section referred to as the Commissioners section 8 of the Wellington City Trading Departments' Reserve and Renewal Funds Act 1917 Act Council section 3 of the Act And whereas it is desirable that part of the Electricity Renewal Fund be used by the Council in extending the capital works of that undertaking: And whereas section 3 of the Act section 3(a) section 4 of the Wellington City Empowering and Amendment Act 1943 And whereas it is desirable that the Council suspend such annual appropriation: Be it therefore enacted as follows: 1: Notwithstanding anything to the contrary in section 8 or section 9(2) of the Act section 3 of the Act 2: Subsection (1) shall apply with respect to sums in excess of $1,000,000 in the Electricity Renewal Fund within the period of 5 financial years commencing with 1 April 1974 and ending with 31 March 1979. 3: It shall not be necessary for the Council in respect of all or any of the financial years within the period commencing on 1 April 1974 and ending on 31 March 1979 to charge the annual appropriations in respect of the electric-light and power-supply undertaking prescribed by section 3 of the Act Miscellaneous provisions 11: Authorising the Auckland Regional Authority to advance money or make an ex gratia Whereas on 11 April 1974 a bus owned and operated by the Auckland Regional Authority (in this section referred to as the Authority And whereas the estimated cost of repairing the damage is $6,000: And whereas Doris Evelyn Cadness is unable to meet the said cost: And whereas the Authority is desirous of making good the damage but has no authority to do so: Be it therefore enacted as follows: For the purpose of meeting the cost of repairs to the property of Doris Evelyn Cadness the Authority is hereby authorised and empowered to make advances of money on such terms and conditions as it thinks fit, or to make an ex gratia provided that the total amount of any such advances or payments or combination of them shall not exceed $6,000. 12: Validating certain payments made by the Tekapo Pest Destruction Board towards a superannuation scheme provided by the Australian Mutual Provident Society Whereas between 30 September 1972 and 30 November 1973 the Tekapo Pest Destruction Board (in this section referred to as the Board And whereas the policy was provided by the Australian Mutual Provident Society (hereinafter referred to as the Society And whereas the scheme was not established as a superannuation scheme under section 25 And whereas the Board has ceased to participate in the said scheme: And whereas it is desirable that the payments made by the Board be validated: Be it therefore enacted as follows: The payments amounting to $155.55 made by the Board between 30 September 1972 and 30 November 1973 as a contribution towards a life insurance policy scheme provided by the Society for an employee of the Board are hereby validated. 13: Validating a deed made between the Nelson City Corporation, the Nelson School of Music Trust Board, and the Nelson Provincial Arts Council Whereas for the purpose of making future provision for the School of Music established in the City of Nelson and for the control of certain property associated therewith, the mayor, councillors, and citizens of the City of Nelson (in this section referred to as the Corporation Board deed And whereas the deed provides, inter alia, for the Corporation to transfer to the Board the land described in subsection (2) without consideration: And whereas doubts have arisen as to the authority of the Corporation to execute and be bound by the deed or to effect such a transfer: Be it therefore enacted as follows: 1: Notwithstanding anything to the contrary in the Municipal Corporations Act 1954 2: The land to which this section relates is described as follows: First, all that parcel of land situated in the City of Nelson conveyed by deed of conveyance No 33760, being part of Section 488, City of Nelson, together with a right of way over the strip of land coloured pink on the plan endorsed on the certificate of title, and being all the land comprised in certificate of title, Volume 52, folio 277, Nelson Land Registry, limited as to parcels. Secondly, all that parcel of land situated in the City of Nelson containing 657.61 square metres, more or less, being part of Section 488, City of Nelson, together with a right of way over the strip of land coloured pink on the plan endorsed on the certificate of title, and being all the land comprised and described in certificate of title, Volume 13, folio 188, Nelson Land Registry, subject to a right of way over the part coloured yellow on the said plan. Thirdly, all that parcel of land situated in the City of Nelson conveyed by deed of conveyance No 46392, being part of Section 488, City of Nelson, together with a right of way over the strip of land coloured pink on the plan endorsed on the certificate of title, and being all the land comprised in certificate of title, Volume 52, folio 275, Nelson Land Registry, limited as to parcels. 14: Validating certain actions of the Nelson Raspberry Marketing Committee Whereas the Nelson Raspberry Marketing Regulations 1940 regulations Committee 0.25 cents And whereas the levy actually deducted by the Committee was 0.575 cents per pound of raspberries during the year ended with 31 March 1972, 0.325 cents per pound during the year ended with 31 March 1973, and 0.55 cents per pound during the year ended with 31 March 1974: And whereas the regulations also provide that a contribution of not more than $50 a year may be made by the Committee to the Central Council of Raspberry Growers: And whereas the contribution actually made by the Committee was $60 in the year ended with 31 March 1971, and $80 in each of the 3 succeeding years: And whereas in each year after the year ended with 31 March 1969 until and including the year ended with 31 March 1974 the Committee had paid to its chairman and members honoraria, fees, and allowances in excess of the amounts approved by the Minister of Finance for those purposes, such excess payments totalling approximately $800: And whereas the Committee had incurred an overdraft with its bankers without authority, which overdraft amounted to $24,505.92 as at 31 March 1972: Be it therefore enacted as follows: Notwithstanding anything in the regulations or in any approval of the Minister of Finance relating to the payment of honoraria, fees, and allowances, the actions of the Committee in— a: deducting more by way of levy than the amount authorised by the regulations during each of the years ended with 31 March in 1972 to 1974: b: contributing more to the Central Council of Raspberry Growers than the amount authorised by the regulations during each of the years ended with 31 March in 1970 to 1974: c: paying approximately $800 more by way of honoraria, fees, and allowances to its chairman and members than the amounts approved by the Minister of Finance for those purposes during the years ended with 31 March in 1970 to 1974: d: incurring an overdraft of $24,505.92 as at 31 March 1972 without authority— are hereby validated and declared to have been lawful. 15: Authorising Otago Harbour Board to transfer certain land to Dunedin City Corporation Whereas the land described in subsections (4) and (5) is vested in the Otago Harbour Board (in this section referred to as the Board And whereas the mayor, councillors, and citizens of the City of Dunedin (in this section referred to as the Corporation And whereas the Board has agreed to accept $150 as consideration for the land described in subsection (4) and $250 for the land described in subsection (5), but has no authority to transfer the land: Be it therefore enacted as follows: 1: Notwithstanding anything to the contrary in any enactment or rule of law, the Board is hereby authorised and empowered to transfer the land described in subsection (4) to the Corporation as an estate in fee simple for the purposes of a public road or street, and to transfer the land described in subsection (5) to the Corporation as an estate in fee simple for the purposes of a site for a drainage treatment plant, and to accept as consideration for the said transfers the sums of $150 and $250 respectively. 2: Each parcel of land shall be deemed to be freed from all other trusts, reservations, or restrictions affecting it as at the date of its transfer. 3: The consideration received by the Board shall be paid into its Harbour Account, and shall form part of the general funds of the Board. 4: The land to be transferred for the purposes of a public road or street is described as follows: All that parcel of land containing 1 707 square metres, more or less, situated in the City of Dunedin, being part of the Harbour Board Endowment in the vicinity of Sections 7 and 8, Block VII, Portobello Survey District, and being all the land comprised and described in certificate of title No 5A/823, Otago Land Registry (SO Plan 17133). 5: The land to be transferred as a site for a drainage treatment station is described as follows: All that parcel of land containing 860 square metres, more or less, situated in the City of Dunedin, being Section 49, Upper Harbour West Survey District, being part of the Otago Harbour coloured blue on SO Plan 17948, and being all the land comprised and described in certificate of title No 5D/1065, Otago Land Registry. 16: Changing name of Christchurch Regional Planning Authority to Canterbury Regional Planning Authority, and extending area covered by regional scheme Whereas by notice dated 1 June 1955 and published in the Gazette And whereas that area was extended and the region redefined by notice dated 24 February 1956 and published in the Gazette And whereas by notice dated 28 October 1958 and published in the Gazette And whereas representatives of all those councils constitute the Christchurch Regional Planning Authority: And whereas it is desirable to extend the area to be dealt with by that authority, to redefine its region, and to change its name: Be it therefore enacted as follows: 1: Except as provided in subsection (7), this section shall be deemed to have come into force on 1 September 1974. 2: The name of the Christchurch Regional Planning Authority is hereby changed to the Canterbury Regional Planning Authority (in this section referred to as the Authority 3: Any objections and appeals made, actions taken, and things done in the name of the Canterbury Regional Planning Authority between 1 April 1974 and the coming into force of this section shall be deemed to have been made, taken, or done in the name of the Christchurch Regional Planning Authority. 4: For the purposes of the Town and Country Planning Act 1953 a: the Christchurch City Council is hereby declared to be the principal council of the Authority: b: the area to be dealt with in the regional planning scheme of the Authority is hereby extended to include the areas within the jurisdiction of the councils named in subsection (8): c: the area comprising the region of the Authority is hereby defined as being the whole of the area within the respective jurisdictions of the councils named in subsection (9). 5: For the purposes of the Town and Country Planning Act 1953 section 7 or section 14 of that Act 6: The notice dated 19 February 1974 purporting to constitute the Canterbury Regional Planning Authority and published in the Gazette 7: Subsection (6) shall be deemed to have come into force on 1 April 1974. 8: The names of those councils whose area of jurisdiction is included by subsection 4(b) Rangiora County Council Rangiora Borough Council Mt Herbert County Council Lyttelton Borough Council Wairewa County Council Ellesmere County Council. Akaroa County Council Malvern County Council Oxford County Council 9: The names of those councils whose area of jurisdiction comprise the region of the Authority are as follows: Christchurch City Council Wairewa County Council Waimairi County Council Akaroa County Council Riccarton Borough Council Malvern County Council Paparua County Council Oxford County Council Heathcote County Council Rangiora Borough Council Kaiapoi Borough Council Lyttelton Borough Council Eyre County Council Ellesmere County Council. Rangiora County Council Mt Herbert County Council 17: Providing for the apportionment of levies made by the Auckland Regional Authority between the wards of the City of Takapuna Whereas by Order in Council made on 22 July 1974 and published in the Gazette Order And whereas clause 6 of the Order provides, inter alia, that for a period of 10 years from 1 August 1974 the levies charged and assessed by the Auckland Regional Authority (in this section referred to as the Authority Auckland Regional Authority Act 1963 Act And whereas it is desirable to give effect to that provision: Be it therefore enacted as follows: 1: This section shall be deemed to have come into force on 1 August 1974, and shall apply to all assessments made by the Authority pursuant to the Act upon the mayor, councillors, and citizens of the City of Takapuna (in this section referred to as the Corporation 2: The assessments to which this section applies shall be made, by and at the discretion of the Authority, either— a: by dividing the assessments into 3 groups as if each of the wards of Takapuna, Glenfield, and Albany was a contributing local authority as defined in section 2 b: by not dividing the assessments, but by giving the Corporation sufficient information with the assessments as to enable the Corporation to make the same division as is referred to in paragraph (a). 3: Notwithstanding subsection (2), all assessments upon the Corporation shall, for all the purposes of the Act, be assessments charged against the Corporation and shall be subject to appeal and be payable by, and recoverable from, the Corporation. 4: Where for the purposes of this section it is necessary to ascertain or calculate the rateable capital value or population of any ward of the City of Takapuna, such value or population shall, upon receipt of a written request from the Authority, be ascertained or calculated by the Valuer-General or, as the case may require, the Government Statistician, as at a date or dates as near as reasonably practicable to the date of the receipt of the request. 5: The Corporation shall not exercise the power conferred by section 66(b)

DLM415522

1974

Ngarimu VC and 28th (Maori) Battalion Memorial Scholarship Fund Amendment Act 1974

1: Short Title This Act may be cited as the Ngarimu VC and 28th (Maori) Battalion Memorial Scholarship Fund Amendment Act 1974, and shall be read together with and deemed part of the Ngarimu VC and 28th (Maori) Battalion Memorial Scholarship Fund Act 1945 2: 3: 4: New sections substituted 1: This subsection substituted section 14 section 15 2: Notwithstanding anything in subsection (1) subsection (1) 3: Notwithstanding anything in section 15 subsection (1)

DLM412751

1974

Marine and Power Engineers' Institute Industrial Disputes Act 1974

1: Short Title This Act may be cited as the Marine and Power Engineers' Institute Industrial Disputes Act 1974. 2: Interpretation In this Act— Institute Marine and Power Engineers' Institute Incorporation Act 1925 branch section 3 section 4 3: Application of Industrial Relations Act 1973 to Institute and branches 1: It is hereby declared that the Institute and each branch of the Institute are societies of workers for the purposes of Part 10 of the Industrial Relations Act 1973. 2: In the application, pursuant to section 143 of the Industrial Relations Act 1973, of Part 9 thereof to the Institute or to any of its branches or to any members of the Institute or of any of its branches, the said Part 9 shall have effect as if every reference therein to the cancellation of the registration of a union were a reference to the cancellation of the incorporation of the Institute or branch, as the case may be, and related provisions in that Part shall have effect accordingly.

DLM430446

1974

Insurance Companies' Deposits Amendment Act 1974

1: Short Title and commencement 1: This Act may be cited as the Insurance Companies' Deposits Amendment Act 1974, and shall be read together with and deemed part of the Insurance Companies' Deposits Act 1953 2: Sections 3 5 3: Except as provided in subsection (2) 2: Interpretation 1: This subsection substituted the definition of approved securities 2 2: 3: 4: 5: Every deposit made by any depositor before the passing of this Act, in so far as it consists at the passing of this Act of approved securities within the definition repealed by subsection (1) 6: The following enactments are hereby consequentially repealed: a: The Insurance Companies' Deposits Amendment Act 1958 b: The Insurance Companies' Deposits Amendment Act 1971 3: 4: 5: 6: 7: 8: 9: 10: 11:

DLM425934

1974

Education Amendment Act (No 2) 1974

1: Short Title 1: This Act may be cited as the Education Amendment Act (No 2) 1974, and shall be read together with and deemed part of the Education Act 1964 2: Sections 3 6 7 3: Subject to subsection (2) of this section, this Act shall come into force on its passing Subsection (3) amended 22 August 1975 Education Amendment Act 1975 by substituting the word passing commencement 2: 3: Constitution of Education Boards 1: This subsection inserted section 15(2)(c) 2: This subsection inserted section 15(2A) 3: This subsection amended section 15(2) 4: Notwithstanding anything in subsections (1) to (3) of this section, the members of each Education Board holding office at the commencement of this Act shall, subject to sections 17 to 19 4: 5: 6: Sections 6 7 15 March 1976 regulation 2 Education Amendment Act Commencement Order 1976 Section 6 repealed 18 May 1989 School Trustees Act 1989 7: Sections 6 and 7 15 March 1976 regulation 2 Education Amendment Act Commencement Order 1976 8: 9: Section 9 repealed 1 January 1991 Education Amendment Act (No 2) 1990 10: 11: 12: 13: 14: 15: 16: Section 16 repealed 22 August 1975 Education Amendment Act 1975 17: 18: 19: Correspondence schools and classes for continuing education 1: This subsection substituted section 96 2: Any correspondence school or classes established by the Minister for the provision of further education under the principal Act or any former Education Act and existing at the commencement of this section shall be deemed to have been established for the provision of continuing education under this section. 20: 21: 22: Section 22 repealed 23 July 1990 section 50(5) Education Amendment Act 1990 23: 24: 25: 26: 27: 28: 29: 30: 31: 32: 33: 34: 35: 36: 37: 38: 39: Repeal of Rangiora High School Act 1881 1: The following enactments are hereby repealed— a: The Rangiora High School Act 1881: b: The Rangiora High School Amendment Act 1960: c: The Rangiora High School Amendment Act 1963. 2: Notwithstanding anything in subsection (1) of this section, the Rangiora High School Board of Governors constituted under the Rangiora High School Act 1881 shall, until the 31st day of March 1976, continue to be the Board of Governors of the Rangiora High School and to exercise control over the school in every way as if none of the enactments mentioned in subsection (1) of this section had been repealed. 3: Notwithstanding anything in section 50 section 57 4: Notwithstanding anything in subsection (3) of this section, the members of the Rangiora High School Board of Governors holding office on the 31st day of March 1976 shall, unless they cease to hold office pursuant to any other enactment, continue to hold office until the appointment or election of their successors is notified to the Board. 40: Repeal of Southland Boys' and Girls' High Schools Act 1877 1: The following enactments are hereby repealed: a: The Southland Boys' and Girls' High Schools Act 1877: b: The Southland Boys' and Girls' High Schools Amendment Act 1951: c: The Southland Boys' and Girls' High Schools Amendment Act 1971. 2: Notwithstanding anything in subsection (1) of this section, the Southland High Schools Board of Governors constituted under the Southland Boys' and Girls' High Schools Act 1877 (as amended by section 2 of the Southland Boys' and Girls' High Schools Amendment Act 1951 and section 2 of the Southland Boys' and Girls' High Schools Amendment Act 1971) shall, until the 31st day of May 1976 or such other date in that year in substitution therefor as may be prescribed by regulations made under the principal Act as the date until which members of Boards of Governors of secondary schools shall hold office (hereinafter referred to as the effective date), continue to be the Board of Governors of the Southland Boys' and Girls' High Schools and to exercise control over the schools in every way as if none of the enactments mentioned in subsection (1) of this section had been repealed. 3: Notwithstanding anything in section 50 section 51 section 52 4: Notwithstanding anything in subsection (3) of this section, the members of the Southland Boys' and Girls' High Schools Board of Governors holding office on the effective date shall, unless they cease to hold office pursuant to any other enactment, continue to hold office until the appointment or election of their successors is notified to the Board. 41: Repeal of Greymouth High School Act 1883 The Greymouth High School Act 1883

DLM430486

1974

Joint Family Homes Amendment Act 1974

1: Short Title and commencement 1: This Act may be cited as the Joint Family Homes Amendment Act 1974, and shall be read together with and deemed part of the Joint Family Homes Act 1964 2: Except as provided in section 12(4) 2: 3: 4: 5: Effect of registration 1: This subsection inserted a new second proviso after the first proviso to section 9(2)(d) 2: The second proviso to section 9(2)(d) subsection (1) 6: 7: 8: 9: 10: 11: Exemptions from gift duty 1: This subsection substituted section 21 2: Subsection (2) subsection (1) 12: Exemption from estate duty 1: This subsection amended section 22(1) 2: This subsection amended section 22(2) 3: This subsection added section 22(3) 4: Subsections (1) (3) 13: Consequential repeals and amendment 1: The following enactments are hereby consequentially repealed— a: Section 4 of the Joint Family Homes Amendment Act 1968 b: So much of Schedule 4 Estate and Gift Duties Act 1968 Joint Family Homes Act 1964 c: Section 3 of the Joint Family Homes Amendment Act 1972 2: This amendment has been incorporated in the reprinted Unit Titles Act 1972

DLM415531

1974

Local Government Act 1974

1: Short Title and commencement 1: This Act may be cited as the Local Government Act 1974. 2: Section 138(2) Schedule 3 3: Except as provided in subsection (2), this Act shall come into force on 1 December 1974. 2: Interpretation 1: In this Act, unless the context otherwise requires,— Act adjusted net capital value annual plan section 223D annual report section 233E building consent section 7 capital value Rating Valuations Act 1998 chairperson deputy chairperson commercial or industrial purpose commercial or industrial allotment commercial or industrial building Commission community section 101ZG community board section 101ZP constituency a: means a constituency of a region that is under the jurisdiction of a regional council and is established for electoral purposes under this Act; but b: does not include any subdivision for electoral purposes of a territorial authority that has the functions, duties, and powers of a regional council constituent authority constituent district construction construct council debt security Securities Act 1978 Director of Maritime New Zealand section 439 district district council Part 1A district plan operative proposed plan section 2 elector section 23 section 24 engineer Environment Court Resource Management Act 1991 equity security Securities Act 1978 farm land farming farming purposes final scheme Part 1 section 15B financial year a: in relation to any period before 1 April 1990, a period of 12 months ending with 31 March: b: in relation to the period commencing on 1 April 1990 and ending with 30 June 1990, that period of 3 months: c: in relation to any period commencing on or after 1 July 1990, a period of 12 months ending with 30 June formation form general election Local Electoral Act 2001 general revenues Part 7B generally accepted accounting practice a: approved financial reporting standards (within the meaning of section 2 b: in relation to matters for which no provision is made in approved financial reporting standards (within the meaning of section 2 i: are appropriate to the local authority or local authority trading enterprise, as the case may be; and ii: have authoritative support within the accounting profession in New Zealand government road laying out local authority section 5(1) maritime facilities Maritime New Zealand section 429 maritime rules Maritime Transport Act 1994 medical practitioner section 114(1)(a) member Minister navigation bylaws section 684B navigational aid section 2(1) net capital value occupier owner parliamentary elector Electoral Act 1993 pleasure craft section 2(1) polling day pollutant pollute principal administrative officer principal local authority section 37ZY property public notice a: a notice published in a newspaper circulating generally in the district to which the subject matter of the notice relates; or b: where there is no newspaper circulating generally in any district, a notice published on placards affixed to public places in the district to which the subject matter of the notice relates;— and published publicly notified public office office public work public work within the meaning of the Public Works Act 1981 rate records Local Government (Rating) Act 2002 rateable value Local Government (Rating) Act 2002 ratepayer region a: a regional council is constituted; or b: a territorial authority has, pursuant to section 37N regional council a: has the same meaning as in section 5(1) b: includes, in Part 39A sections 684B to 684F regional planning scheme reorganisation scheme reorganisation scheme within the meaning of section 37ZZA section 37ZZZA road section 315 rural area district plan Secretary ship section 2(1) special consultative procedure section 83 State highway section 60 Government Roading Powers Act 1989 territorial authority section 5(1) territorial authority district treasurer upgrading valuation roll section 7 section 11 ward working day a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and ab: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and b: a day in the period commencing with 25 December in any year and ending with 15 January in the following year. 2: The Governor-General may, from time to time, by Order in Council,— a: add to, or omit from, Schedule 1 b: otherwise amend Schedule 1 3: 4: For the purposes of this Act, any 2 or more districts or communities shall be deemed to be adjoining districts or communities and any area shall be deemed to adjoin a district or community or another area, notwithstanding that they may be separated by a public highway, any railway, any watercourse (whether natural or artificial), any harbour, the sea, or any other natural or artificial feature 5: For the purposes of this Act, the certificate of the Government Statistician as to the population of any district or area or the electoral population of any general electoral district, Maori electoral district, district, or area 6: Every provision of this Act vesting any land in a territorial authority shall, in the case of land situated in a territorial authority district of which the Minister of Local Government 1967 No 134 s 2 Section 2(1) Act inserted 1 April 1980 section 8(1) Local Government Amendment Act 1979 Section 2(1) adjusted net capital value replaced 29 June 1988 Rating Powers Act 1988 Section 2(1) administering authority repealed 1 November 1989 section 2(16) Local Government Amendment Act (No 2) 1989 Section 2(1) annual plan inserted 27 July 1996 section 2 Local Government Amendment Act (No 3) 1996 Section 2(1) annual report inserted 27 July 1996 section 2 Local Government Amendment Act (No 3) 1996 Section 2(1) borough repealed 1 November 1989 section 2(16) Local Government Amendment Act (No 2) 1989 Section 2(1) borough council repealed 1 November 1989 section 2(16) Local Government Amendment Act (No 2) 1989 Section 2(1) building consent inserted 1 July 1992 Building Act 1991 Section 2(1) building consent amended 31 March 2005 section 414 Building Act 2004 Section 2(1) capital value inserted 1 April 1978 section 7(2) Local Government Amendment Act (No 3) 1977 Section 2(1) capital value amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 2(1) chairman repealed 1 November 1989 section 2(1) Local Government Amendment Act (No 2) 1989 Section 2(1) chairperson inserted 1 November 1989 section 2(1) Local Government Amendment Act (No 2) 1989 Section 2(1) clerk repealed 1 April 1978 section 7(2) Local Government Amendment Act (No 3) 1977 Section 2(1) commercial or industrial purpose inserted 1 April 1980 section 8(1) Local Government Amendment Act 1979 Section 2(1) community replaced 1 November 1989 section 2(2) Local Government Amendment Act (No 2) 1989 Section 2(1) community board inserted 1 November 1989 section 2(3) Local Government Amendment Act (No 2) 1989 Section 2(1) community council repealed 1 November 1989 section 2(3) Local Government Amendment Act (No 2) 1989 Section 2(1) constituency replaced 1 July 1992 section 2(1) Local Government Amendment Act 1992 Section 2(1) constituent district replaced 1 July 1992 section 2(2) Local Government Amendment Act 1992 Section 2(1) construction inserted 1 April 1980 section 8(1) Local Government Amendment Act 1979 Section 2(1) council replaced 1 July 1992 section 2(3) Local Government Amendment Act 1992 Section 2(1) county repealed 1 November 1989 section 2(16) Local Government Amendment Act (No 2) 1989 Section 2(1) Crown health enterprise repealed 1 July 1998 Health and Disability Services Amendment Act 1998 Section 2(1) debt security inserted 1 November 1989 section 2(4) Local Government Amendment Act (No 2) 1989 Section 2(1) Director of Maritime New Zealand inserted 1 July 2005 section 11(3) Maritime Transport Amendment Act 2004 Section 2(1) Director of Maritime Safety repealed 1 July 2005 section 11(3) Maritime Transport Amendment Act 2004 Section 2(1) District Commissioner of Works repealed 1 April 1988 Local Government Amendment Act 1988 Section 2(1) district community council repealed 1 November 1989 section 2(16) Local Government Amendment Act (No 2) 1989 Section 2(1) district council amended 1 November 1989 section 2(15)(a) Local Government Amendment Act (No 2) 1989 Section 2(1) district health board repealed 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2(1) district plan, operative inserted 1 October 1991 section 362 Resource Management Act 1991 Section 2(1) district scheme, operative repealed 1 October 1991 section 362 Resource Management Act 1991 Section 2(1) divided district repealed 1 November 1989 section 2(16) Local Government Amendment Act (No 2) 1989 Section 2(1) elector replaced 17 June 1986 section 2(1) Local Government Amendment Act 1986 Section 2(1) elector amended 1 July 2001 section 151 Local Electoral Act 2001 Section 2(1) engineer inserted 1 April 1978 section 7(2) Local Government Amendment Act (No 3) 1977 Section 2(1) Environment Court inserted 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 2(1) equity security inserted 1 November 1989 section 2(5) Local Government Amendment Act (No 2) 1989 Section 2(1) farm land inserted 1 April 1979 section 3(2) Local Government Amendment Act 1978 Section 2(1) final scheme replaced 6 June 1989 section 2(6) Local Government Amendment Act (No 2) 1989 Section 2(1) financial year replaced 1 November 1989 section 2(7) Local Government Amendment Act (No 2) 1989 Section 2(1) formation inserted 30 March 1985 section 2(1) Local Government Amendment Act 1985 Section 2(1) general election replaced 1 July 2001 section 151 Local Electoral Act 2001 Section 2(1) general revenues inserted 1 July 1992 section 2(4) Local Government Amendment Act 1992 Section 2(1) general revenues amended 1 July 1998 section 17(1) Local Government Amendment Act (No 3) 1996 Section 2(1) generally accepted accounting practice inserted 27 July 1996 section 2 Local Government Amendment Act (No 3) 1996 Section 2(1) government road inserted 1 April 1979 section 3(2) Local Government Amendment Act 1978 Section 2(1) hospital and health service repealed 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 2(1) laying out inserted 30 March 1985 section 2(2) Local Government Amendment Act 1985 Section 2(1) local authority replaced 7 July 2004 section 3(1) Local Government Act 1974 Amendment Act 2004 Section 2(1) maritime facilities inserted 29 April 1999 section 2(1) Local Government Amendment Act (No 2) 1999 Section 2(1) Maritime New Zealand inserted 1 July 2005 section 11(3) Maritime Transport Amendment Act 2004 Section 2(1) maritime rules inserted 29 April 1999 section 2(1) Local Government Amendment Act (No 2) 1999 Section 2(1) Maritime Safety Authority repealed 1 July 2005 section 11(3) Maritime Transport Amendment Act 2004 Section 2(1) medical practitioner inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) member replaced 1 November 1989 section 2(9) Local Government Amendment Act (No 2) 1989 Section 2(1) navigation bylaws inserted 29 April 1999 section 2(1) Local Government Amendment Act (No 2) 1999 Section 2(1) navigational aid inserted 29 April 1999 section 2(1) Local Government Amendment Act (No 2) 1999 Section 2(1) net capital value inserted 1 April 1978 section 7(2) Local Government Amendment Act (No 3) 1977 Section 2(1) occupier inserted 1 April 1978 section 7(2) Local Government Amendment Act (No 3) 1977 Section 2(1) out-district repealed 1 November 1989 section 2(16) Local Government Amendment Act (No 2) 1989 Section 2(1) owner inserted 1 April 1978 section 7(2) Local Government Amendment Act (No 3) 1977 Section 2(1) parliamentary elector inserted 17 June 1986 section 2(2) Local Government Amendment Act 1986 Section 2(1) parliamentary elector amended 1 July 1994 section 284 Electoral Act 1993 Section 2(1) Planning Tribunal repealed 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 2(1) pleasure craft inserted 29 April 1999 section 2(1) Local Government Amendment Act (No 2) 1999 Section 2(1) polling day inserted 17 June 1986 section 2(3) Local Government Amendment Act 1986 Section 2(1) pollutant inserted 1 April 1980 section 8(1) Local Government Amendment Act 1979 Section 2(1) principal administrative officer replaced 1 November 1989 section 2(10) Local Government Amendment Act (No 2) 1989 Section 2(1) principal authority repealed 25 November 1976 Local Government Amendment Act 1976 Section 2(1) principal local authority inserted 1 November 1989 section 2(10) Local Government Amendment Act (No 2) 1989 Section 2(1) principal officer repealed 19 January 1981 section 2(1) Local Government Amendment Act 1980 Section 2(1) property inserted 1 April 1978 section 7(2) Local Government Amendment Act (No 3) 1977 Section 2(1) public notice replaced 1 July 1992 section 2(5) Local Government Amendment Act 1992 Section 2(1) public office office replaced 1 November 1989 section 2(11) Local Government Amendment Act (No 2) 1989 Section 2(1) public work inserted 1 April 1978 section 7(2) Local Government Amendment Act (No 3) 1977 Section 2(1) public work amended 1 February 1982 section 248(1) Public Works Act 1981 Section 2(1) rate records replaced Rating Powers Act 1988 Section 2(1) rate records amended 1 July 2003 section 138(1) Local Government (Rating) Act 2002 Section 2(1) rateable value replaced 29 June 1988 Rating Powers Act 1988 Section 2(1) rateable value amended 1 July 2003 section 138(1) Local Government (Rating) Act 2002 Section 2(1) ratepayer inserted 1 April 1978 section 7(2) Local Government Amendment Act (No 3) 1977 Section 2(1) rating qualification repealed 17 June 1986 section 2(4) Local Government Amendment Act 1986 Section 2(1) region replaced 28 July 1997 section 2(1) Local Government Amendment Act 1997 Section 2(1) regional council replaced 7 July 2004 section 3(2) Local Government Act 1974 Amendment Act 2004 Section 2(1) regional planning scheme inserted 1 April 1979 section 3(2) Local Government Amendment Act 1978 Section 2(1) regional road repealed 1 July 1992 section 2(8) Local Government Amendment Act 1992 Section 2(1) regional scheme repealed 1 November 1989 section 2(16) Local Government Amendment Act (No 2) 1989 Section 2(1) reorganisation scheme replaced 1 July 1994 section 2(1) Local Government Amendment Act 1994 Section 2(1) residential qualification repealed 17 June 1986 section 2(4) Local Government Amendment Act 1986 Section 2(1) riding repealed 1 November 1989 section 2(16) Local Government Amendment Act (No 2) 1989 Section 2(1) road repealed 20 November 1981 Local Government Amendment Act (No 2) 1981 Section 2(1) road inserted 1 April 1980 section 8(1) Local Government Amendment Act 1979 Section 2(1) rural area inserted 1 April 1979 section 3(2) Local Government Amendment Act 1978 Section 2(1) scheme repealed 1 November 1989 section 2(16) Local Government Amendment Act (No 2) 1989 Section 2(1) ship inserted 29 April 1999 section 2(1) Local Government Amendment Act (No 2) 1999 Section 2(1) special consultative procedure replaced 7 July 2004 section 3(3) Local Government Act 1974 Amendment Act 2004 Section 2(1) special order repealed 7 July 2004 section 3(4) Local Government Act 1974 Amendment Act 2004 Section 2(1) State highway inserted 1 April 1979 section 3(2) Local Government Amendment Act 1978 Section 2(1) State highway amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 2(1) State highway amended 1 October 1989 section 116(4) Section 2(1) subdivision repealed 1 November 1989 section 2(16) Local Government Amendment Act (No 2) 1989 Section 2(1) territorial authority replaced 7 July 2004 section 3(5) Local Government Act 1974 Amendment Act 2004 Section 2(1) territorial authority district replaced 1 July 1992 section 2(11) Local Government Amendment Act 1992 Section 2(1) treasurer inserted 1 April 1978 section 7(2) Local Government Amendment Act (No 3) 1977 Section 2(1) undivided district repealed 1 November 1989 section 2(16) Local Government Amendment Act (No 2) 1989 Section 2(1) united council repealed 1 November 1989 section 2(17) Local Government Amendment Act (No 2) 1989 Section 2(1) upgrading inserted 30 March 1985 section 2(3) Local Government Amendment Act 1985 Section 2(1) valuation roll replaced 29 June 1988 Rating Powers Act 1988 Section 2(1) valuation roll amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 2(1) ward replaced 1 July 1992 section 2(12) Local Government Amendment Act 1992 Section 2(1) working day inserted 1 November 1989 section 2(14) Local Government Amendment Act (No 2) 1989 Section 2(1) working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 2(1) working day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 2(2) replaced 1 November 1989 section 2(18) Local Government Amendment Act (No 2) 1989 Section 2(3) repealed 1 November 1989 section 2(18) Local Government Amendment Act (No 2) 1989 Section 2(4) amended 25 November 1976 Local Government Amendment Act 1976 Section 2(5) inserted 1 April 1978 section 7(2) Local Government Amendment Act (No 3) 1977 Section 2(5) amended 18 June 1986 section 2(3) Local Government Amendment Act (No 2) 1986 Section 2(6) inserted 1 April 1980 section 8(1) Local Government Amendment Act 1979 Section 2(6) amended 1 April 1988 Local Government Amendment Act 1988 2A: Functions, powers, and duties of Minister of Local Government Section 2A repealed 1 July 2003 section 266 Local Government Act 2002 2B: Secretary for Local Government Section 2B repealed 1 July 2003 section 266 Local Government Act 2002 1: The Local Government Commission Part 1 repealed 1 April 1990 section 4(1) Local Government Amendment Act (No 2) 1989 The Commission Heading repealed 1 April 1990 section 4(1) Local Government Amendment Act (No 2) 1989 3: Local Government Commission Section 3 repealed 1 April 1990 section 4(1) Local Government Amendment Act (No 2) 1989 4: Term of office of members Section 4 repealed 1 April 1990 section 4(1) Local Government Amendment Act (No 2) 1989 5: Extraordinary vacancies Section 5 repealed 1 April 1990 section 4(1) Local Government Amendment Act (No 2) 1989 6: Deputies of members Section 6 repealed 1 April 1990 section 4(1) Local Government Amendment Act (No 2) 1989 7: Deputy chairman Section 7 repealed 1 April 1990 section 4(1) Local Government Amendment Act (No 2) 1989 8: Temporary members Section 8 repealed 1 April 1990 section 4(1) Local Government Amendment Act (No 2) 1989 8A: Committees Section 8A repealed 1 April 1990 section 4(1) Local Government Amendment Act (No 2) 1989 9: Meetings Section 9 repealed 1 April 1990 section 4(1) Local Government Amendment Act (No 2) 1989 10: Remuneration, allowances, and expenses Section 10 repealed 1 April 1990 section 4(1) Local Government Amendment Act (No 2) 1989 11: Commission may co-opt specialist advice Section 11 repealed 1 April 1990 section 4(1) Local Government Amendment Act (No 2) 1989 11A: Power of Commission to engage consultants Section 11A repealed 1 April 1990 section 4(1) Local Government Amendment Act (No 2) 1989 12: Officers of Commission Section 12 repealed 1 April 1990 section 4(1) Local Government Amendment Act (No 2) 1989 13: Commission to be a commission of inquiry Section 13 repealed 1 April 1990 section 4(1) Local Government Amendment Act (No 2) 1989 14: Evidence in proceedings before Commission Section 14 repealed 1 April 1990 section 4(1) Local Government Amendment Act (No 2) 1989 Functions and powers of Commission Heading repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 15: Functions of Commission Section 15 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 15A: Object Section 15A repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 15B: Duty of Commission to prepare final reorganisation schemes Section 15B repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 15C: Power of Commission to confirm, in respect of any part of New Zealand, the existing system of local government Section 15C repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 15D: Commission's obligation to give priority to preparation of final reorganisation schemes Section 15D repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 15E: Procedures for preparing final reorganisation schemes Section 15E repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 16: Commission may direct investigations Section 16 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 Regional schemes Heading repealed 1 April 1990 section 3(1) Local Government Amendment Act (No 2) 1989 17: Regional schemes Section 17 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 18: Procedure for preparation of regional schemes Section 18 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 19: Holding of public meetings Section 19 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 20: Notice of provisional regional scheme Section 20 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 21: Objections to provisional regional scheme Section 21 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 22: Final regional scheme Section 22 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 23: Notice of final regional scheme Section 23 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 24: Minister may refer final regional scheme back to Commission for reconsideration Section 24 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 Reorganisation schemes Heading repealed 1 April 1990 section 3(1) Local Government Amendment Act (No 2) 1989 25: Matters which may be included in reorganisation schemes Section 25 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 26: Initiation of reorganisation schemes Section 26 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 26A: Commission may decide not to proceed with proposal Section 26A repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 27: Commission to endeavour to negotiate agreements Section 27 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 28: Electors may request survey to ascertain extent of public opposition to proposal Section 28 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 29: Conduct of survey Section 29 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 30: Action to be taken after survey taken Section 30 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 31: Fate of proposal after survey Section 31 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 32: Public notice of provisional reorganisation scheme Section 32 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 33: Objections to provisional reorganisation scheme Section 33 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 34: Final reorganisation scheme Section 34 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 Matters common to regional and reorganisation schemes Heading repealed 1 April 1990 section 3(1) Local Government Amendment Act (No 2) 1989 35: Supplementary provisions for giving effect to schemes Section 35 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 36: Effect to be given to final scheme Section 36 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 37: Provisions to be included in Order in Council Section 37 repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 37A: Appeal against determination of Commission Section 37A repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 37B: Exercise of powers conferred by this Part not affected by provisions of other Acts Section 37B repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 37C: Powers of local authority on which jurisdiction conferred for purposes of scheme Section 37C repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 37D: Effect of inclusion of district or part thereof in another district Section 37D repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 37E: Apportionment of assets and liabilities Section 37E repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 37F: Apportionment of loan liabilities Section 37F repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 37G: Apportionment of petroleum tax revenue Section 37G repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 37H: Payment on transfer of trading undertaking Section 37H repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 37HA: Certain matters not affected by transfer of functions, duties, or powers Section 37HA repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 37HB: Registers Section 37HB repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 Annual report Heading repealed 1 April 1990 section 3(1) Local Government Amendment Act (No 2) 1989 37I: Annual report Section 37I repealed 1 November 1989 section 3(1) Local Government Amendment Act (No 2) 1989 1A: Purposes and structure of local government Part 1A repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 37J: Commencement Section 37J repealed 1 July 2003 section 266 Local Government Act 2002 37K: Purposes of local government Section 37K repealed 1 July 2003 section 266 Local Government Act 2002 37L: Structure of local government Section 37L repealed 1 July 2003 section 266 Local Government Act 2002 37M: Cities Section 37M repealed 1 July 2003 section 266 Local Government Act 2002 37N: Unitary authorities Section 37N repealed 1 July 2003 section 266 Local Government Act 2002 37O: Regional boundaries Section 37O repealed 1 July 2003 section 266 Local Government Act 2002 37P: Territorial authority boundaries Section 37P repealed 1 July 2003 section 266 Local Government Act 2002 37Q: Out-districts Section 37Q repealed 1 July 1992 section 5 Local Government Amendment Act 1992 37R: Minister of Local Government to be territorial authority Section 37R repealed 1 July 2003 section 266 Local Government Act 2002 37RA: Minister of Conservation to have certain powers of regional council and territorial authority Section 37RA repealed 1 July 2003 section 266 Local Government Act 2002 37S: Functions of regional councils Section 37S repealed 1 July 2003 section 266 Local Government Act 2002 37SA: Further provisions relating to functions of regional councils Section 37SA repealed 1 July 2003 section 266 Local Government Act 2002 37SB: Hazardous waste management Section 37SB repealed 1 July 2003 section 266 Local Government Act 2002 37SC: Transfer of functions, duties, etc Section 37SC repealed 1 July 2003 section 266 Local Government Act 2002 37SD: Revocation of transfer of functions, duties, etc Section 37SD repealed 1 July 2003 section 266 Local Government Act 2002 Auckland regional growth strategy Heading repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 37SE: Auckland regional growth strategy Section 37SE repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 37SF: Copies of regional growth strategy Section 37SF repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 37SG: Regional growth forum Section 37SG repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 37SH: Consultation Section 37SH repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 37T: Functions of territorial authorities Section 37T repealed 1 July 2003 section 266 Local Government Act 2002 2A: Local Government Commission Part 2A repealed 1 July 2003 section 266 Local Government Act 2002 37U: Commencement Section 37U repealed 1 July 2003 section 266 Local Government Act 2002 37V: Local Government Commission Section 37V repealed 1 July 2003 section 266 Local Government Act 2002 37W: Functions of Commission Section 37W repealed 1 July 2003 section 266 Local Government Act 2002 37X: Commission to report to Minister Section 37X repealed 1 July 2003 section 266 Local Government Act 2002 37Y: Membership of Commission Section 37Y repealed 1 July 2003 section 266 Local Government Act 2002 37Z: Term of office Section 37Z repealed 1 July 2003 section 266 Local Government Act 2002 37ZA: Deputies of members Section 37ZA repealed 1 July 2003 section 266 Local Government Act 2002 37ZB: Temporary members Section 37ZB repealed 1 July 2003 section 266 Local Government Act 2002 37ZC: Further provisions applying in respect of Commission Section 37ZC repealed 1 July 2003 section 266 Local Government Act 2002 2AA: Appeals against decisions of Commission Part 2AA repealed 1 July 2003 section 266 Local Government Act 2002 37ZD: Commencement Section 37ZD repealed 1 July 2003 section 266 Local Government Act 2002 37ZE: Appeal against decision of Commission on question of law Section 37ZE repealed 1 July 2003 section 266 Local Government Act 2002 37ZF: Notice of appeal Section 37ZF repealed 1 July 2003 section 266 Local Government Act 2002 37ZG: Right to appear and be heard on appeals Section 37ZG repealed 1 July 2003 section 266 Local Government Act 2002 37ZH: Orders relating to determination of appeals Section 37ZH repealed 1 July 2003 section 266 Local Government Act 2002 37ZI: Dismissal of appeal Section 37ZI repealed 1 July 2003 section 266 Local Government Act 2002 37ZJ: Appeal in respect of additional points of law Section 37ZJ repealed 1 July 2003 section 266 Local Government Act 2002 37ZK: Extension of time Section 37ZK repealed 1 July 2003 section 266 Local Government Act 2002 37ZL: Date of hearing Section 37ZL repealed 1 July 2003 section 266 Local Government Act 2002 37ZM: Restriction on appeals Section 37ZM repealed 1 July 2003 section 266 Local Government Act 2002 2B: Initiation of reorganisation proposals Part 2B repealed 1 July 2003 section 266 Local Government Act 2002 Reorganisation proposals Heading repealed 1 July 2003 section 266 Local Government Act 2002 37ZN: Matters that may be included in reorganisation proposal Section 37ZN repealed 1 July 2003 section 266 Local Government Act 2002 37ZO: Initiation of reorganisation proposal Section 37ZO repealed 1 July 2003 section 266 Local Government Act 2002 37ZP: Procedure for initiation of reorganisation proposal Section 37ZP repealed 1 July 2003 section 266 Local Government Act 2002 37ZQ: Contents of reorganisation proposal Section 37ZQ repealed 1 July 2003 section 266 Local Government Act 2002 Criteria Heading repealed 1 July 2003 section 266 Local Government Act 2002 37ZQA: Criteria Section 37ZQA repealed 1 July 2003 section 266 Local Government Act 2002 37ZR: Boundaries Section 37ZR repealed 1 July 2003 section 266 Local Government Act 2002 37ZRA: Membership Section 37ZRA repealed 1 July 2003 section 266 Local Government Act 2002 2BA: Consideration of proposals for boundary alterations and transfer of functions Part 2BA repealed 1 July 2003 section 266 Local Government Act 2002 37ZS: Interpretation Section 37ZS repealed 1 July 2003 section 266 Local Government Act 2002 37ZT: Action required on receipt of reorganisation proposal Section 37ZT repealed 1 July 2003 section 266 Local Government Act 2002 37ZU: Relevant criteria Section 37ZU repealed 1 July 1994 section 5(2) Local Government Amendment Act 1994 Principal local authority Heading repealed 1 July 2003 section 266 Local Government Act 2002 37ZV: Designation of principal local authority Section 37ZV repealed 1 July 2003 section 266 Local Government Act 2002 37ZW: Duties of principal local authority Section 37ZW repealed 1 July 2003 section 266 Local Government Act 2002 Submissions Heading repealed 1 July 2003 section 266 Local Government Act 2002 37ZX: Submissions in relation to draft reorganisation scheme Section 37ZX repealed 1 July 2003 section 266 Local Government Act 2002 37ZY: Power to appoint committee to consider submissions Section 37ZY repealed 1 July 2003 section 266 Local Government Act 2002 37ZZ: Consideration and hearing of submissions Section 37ZZ repealed 1 July 2003 section 266 Local Government Act 2002 Decisions Heading repealed 1 July 2003 section 266 Local Government Act 2002 37ZZA: Decisions in relation to draft reorganisation scheme Section 37ZZA repealed 1 July 2003 section 266 Local Government Act 2002 37ZZB: Procedure where no submissions received Section 37ZZB repealed 1 July 2003 section 266 Local Government Act 2002 Appeals Heading repealed 1 July 2003 section 266 Local Government Act 2002 37ZZC: Appeal against decision of principal local authority Section 37ZZC repealed 1 July 2003 section 266 Local Government Act 2002 37ZZD: Notice of appeal Section 37ZZD repealed 1 July 2003 section 266 Local Government Act 2002 37ZZE: Right to appear and be heard on appeals Section 37ZZE repealed 1 July 2003 section 266 Local Government Act 2002 37ZZF: Orders relating to determination of appeals Section 37ZZF repealed 1 July 2003 section 266 Local Government Act 2002 37ZZG: Dismissal of appeal Section 37ZZG repealed 1 July 2003 section 266 Local Government Act 2002 37ZZH: Appeal in respect of additional matters Section 37ZZH repealed 1 July 2003 section 266 Local Government Act 2002 37ZZI: Extension of time Section 37ZZI repealed 1 July 2003 section 266 Local Government Act 2002 37ZZJ: Date of hearing Section 37ZZJ repealed 1 July 2003 section 266 Local Government Act 2002 37ZZK: Hearing and determination of appeal Section 37ZZK repealed 1 July 2003 section 266 Local Government Act 2002 37ZZL: Power to refer appeal back for reconsideration Section 37ZZL repealed 1 July 2003 section 266 Local Government Act 2002 37ZZM: Notice of decision on appeal Section 37ZZM repealed 1 July 2003 section 266 Local Government Act 2002 37ZZMA: Procedure after appeal Section 37ZZMA repealed 1 July 2003 section 266 Local Government Act 2002 37ZZN: Provisions pending determination of appeal Section 37ZZN repealed 1 July 2003 section 266 Local Government Act 2002 Similar proposals Heading repealed 1 July 2003 section 266 Local Government Act 2002 37ZZNA: Power to decline to consider reorganisation proposal Section 37ZZNA repealed 1 July 2003 section 266 Local Government Act 2002 2BB: Consideration of proposals for new districts Part 2BB repealed 1 July 2003 section 266 Local Government Act 2002 37ZZO: Interpretation Section 37ZZO repealed 1 July 2003 section 266 Local Government Act 2002 37ZZP: Minimum populations of districts and regions Section 37ZZP repealed 1 July 2003 section 266 Local Government Act 2002 37ZZQ: Duties of principal administrative officer Section 37ZZQ repealed 1 July 2003 section 266 Local Government Act 2002 37ZZQA: Representative of electors Section 37ZZQA repealed 1 July 2003 section 266 Local Government Act 2002 37ZZQB: Commission to obtain views Section 37ZZQB repealed 1 July 2003 section 266 Local Government Act 2002 37ZZR: Commission to prepare draft reorganisation scheme and explanatory statement Section 37ZZR repealed 1 July 1994 section 7 Local Government Amendment Act 1994 37ZZS: Consideration of proposal by Commission Section 37ZZS repealed 1 July 2003 section 266 Local Government Act 2002 37ZZSA: Power to decline to consider reorganisation proposal Section 37ZZSA repealed 1 July 2003 section 266 Local Government Act 2002 37ZZT: Referral back of proposal Section 37ZZT repealed 1 July 2003 section 266 Local Government Act 2002 37ZZTA: Power to decline resubmitted proposal Section 37ZZTA repealed 1 July 2003 section 266 Local Government Act 2002 Reviews Heading repealed 1 July 2003 section 266 Local Government Act 2002 37ZZTB: Reviews Section 37ZZTB repealed 1 July 2003 section 266 Local Government Act 2002 37ZZTC: Statement of review Section 37ZZTC repealed 1 July 2003 section 266 Local Government Act 2002 37ZZTD: Public notice of review Section 37ZZTD repealed 1 July 2003 section 266 Local Government Act 2002 37ZZTE: Submissions on review Section 37ZZTE repealed 1 July 2003 section 266 Local Government Act 2002 37ZZTF: Requirement to consult Section 37ZZTF repealed 1 July 2003 section 266 Local Government Act 2002 37ZZTG: Consideration of submissions Section 37ZZTG repealed 1 July 2003 section 266 Local Government Act 2002 37ZZTH: Inquiries and investigations Section 37ZZTH repealed 1 July 2003 section 266 Local Government Act 2002 37ZZTI: Decisions on review Section 37ZZTI repealed 1 July 2003 section 266 Local Government Act 2002 37ZZTJ: Completion of review Section 37ZZTJ repealed 1 July 2003 section 266 Local Government Act 2002 37ZZTK: Application of Part 2BA with modifications Section 37ZZTK repealed 1 July 2003 section 266 Local Government Act 2002 Reorganisation schemes Heading repealed 1 July 2003 section 266 Local Government Act 2002 37ZZU: Commission to deal with amended proposal Section 37ZZU repealed 1 July 1994 section 8 Local Government Amendment Act 1994 37ZZV: Draft reorganisation schemes Section 37ZZV repealed 1 July 2003 section 266 Local Government Act 2002 37ZZVA: Power to amend basis of certain rates Section 37ZZVA repealed 1 July 2003 section 266 Local Government Act 2002 37ZZVB: Power to amend reorganisation schemes Section 37ZZVB repealed 1 July 2003 section 266 Local Government Act 2002 37ZZW: Explanatory statement Section 37ZZW repealed 1 July 2003 section 266 Local Government Act 2002 37ZZX: Commission to give public notice of draft reorganisation scheme and explanatory statement Section 37ZZX repealed 1 July 2003 section 266 Local Government Act 2002 37ZZY: Submissions on draft reorganisation scheme Section 37ZZY repealed 1 July 2003 section 266 Local Government Act 2002 37ZZZ: Consideration of submissions Section 37ZZZ repealed 1 July 2003 section 266 Local Government Act 2002 37ZZZA: Reorganisation scheme Section 37ZZZA repealed 1 July 2003 section 266 Local Government Act 2002 37ZZZB: Explanatory statement Section 37ZZZB repealed 1 July 2003 section 266 Local Government Act 2002 37ZZZC: Duty of Commission to give notice Section 37ZZZC repealed 1 July 2003 section 266 Local Government Act 2002 37ZZZD: Power of proposer to withdraw proposal Section 37ZZZD repealed 1 July 2003 section 266 Local Government Act 2002 37ZZZDA: Power of Commission to abandon reorganisation scheme or to resolve to conduct review Section 37ZZZDA repealed 1 July 2003 section 266 Local Government Act 2002 Polls Heading repealed 1 July 2003 section 266 Local Government Act 2002 37ZZZE: Polls to be held Section 37ZZZE repealed 1 July 2003 section 266 Local Government Act 2002 37ZZZF: Timing of poll Section 37ZZZF repealed 1 July 2003 section 266 Local Government Act 2002 37ZZZG: Official result of poll Section 37ZZZG repealed 1 July 2003 section 266 Local Government Act 2002 37ZZZH: Fate of proposal after poll Section 37ZZZH repealed 1 July 2003 section 266 Local Government Act 2002 37ZZZHA: Power to decline to consider reorganisation proposal Section 37ZZZHA repealed 1 July 1994 section 15 Local Government Amendment Act 1994 37ZZZI: Regulations Section 37ZZZI repealed 1 July 2003 section 266 Local Government Act 2002 Expenditure limits Heading repealed 1 July 2003 section 266 Local Government Act 2002 37ZZZIA: Interpretation Section 37ZZZIA repealed 1 July 2003 section 266 Local Government Act 2002 37ZZZIB: Population Section 37ZZZIB repealed 1 July 2003 section 266 Local Government Act 2002 37ZZZIC: Advertising in relation to polls Section 37ZZZIC repealed 1 July 2003 section 266 Local Government Act 2002 37ZZZID: Provision of funding to proposer Section 37ZZZID repealed 1 July 2003 section 266 Local Government Act 2002 37ZZZIE: Returns of expenditure Section 37ZZZIE repealed 1 July 2003 section 266 Local Government Act 2002 37ZZZIF: Authorisation of advertising Section 37ZZZIF repealed 1 July 2003 section 266 Local Government Act 2002 37ZZZIG: Application Section 37ZZZIG repealed 1 July 2003 section 266 Local Government Act 2002 2BC: Implementation of reorganisation schemes Part 2BC repealed 1 July 2003 section 266 Local Government Act 2002 37ZZZJ: Implementation of reorganisation schemes Section 37ZZZJ repealed 1 July 2003 section 266 Local Government Act 2002 37ZZZK: Provisions relating to Orders in Council giving effect to reorganisation schemes Section 37ZZZK repealed 1 July 2003 section 266 Local Government Act 2002 37ZZZL: Order in Council may set ward and constituency boundaries Section 37ZZZL repealed 1 July 2003 section 266 Local Government Act 2002 37ZZZM: Effect of Orders in Council giving effect to reorganisation schemes Section 37ZZZM repealed 1 July 2003 section 266 Local Government Act 2002 37ZZZN: Power to amend basis of certain rates Section 37ZZZN repealed 1 July 2003 section 266 Local Government Act 2002 37ZZZO: Power to amend reorganisation schemes Section 37ZZZO repealed 1 July 2003 section 266 Local Government Act 2002 Miscellaneous provisions Heading repealed 1 July 2003 section 266 Local Government Act 2002 37ZZZP: No compensation payable where function transferred Section 37ZZZP repealed 1 July 2003 section 266 Local Government Act 2002 37ZZZQ: Certain matters not affected by transfer of functions, duties, or powers Section 37ZZZQ repealed 1 July 2003 section 266 Local Government Act 2002 37ZZZR: Registers Section 37ZZZR repealed 1 July 2003 section 266 Local Government Act 2002 37ZZZS: Prohibition in respect of requests and recommendations under other enactments Section 37ZZZS repealed 1 July 2003 section 266 Local Government Act 2002 2: Regions, territorial districts, and communities Part 2 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989 38: This Part to be read subject to Part 1 Section 38 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989 39: Application of this Act Section 39 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989 Regions and regional and united councils Heading repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989 40: Constitution, alteration, union, and abolition of regions Section 40 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989 41: Regional councils and united councils Section 41 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989 42: Membership of regional councils Section 42 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989 43: Review of constituencies and membership Section 43 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989 44: Objections to decision of regional council Section 44 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989 45: Membership of united councils Section 45 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989 46: Alteration of allocation of appointments to united councils Section 46 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989 46A: Joint appointments to united council Section 46A repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989 Constitution of districts of territorial authorities Heading repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989 47: Interpretation Section 47 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989 48: Constitution, alteration, and union of districts Section 48 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989 49: Electors may request constitution of new district or alteration of boundaries of existing district Section 49 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989 50: Boundaries of districts Section 50 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989 51: New cities Section 51 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989 Councils of districts Heading repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989 52: Councils of districts Section 52 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989 53: Incorporation of councils Section 53 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989 54: District councils Section 54 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989 55: Membership of councils Section 55 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989 56: Review of basis of election Section 56 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989 56A: Review of basis of election and division of district with population over 70 000 into wards Section 56A repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989 56B: Commission to determine wards Section 56B repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989 56C: Factors to be used in determining wards Section 56C repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989 56D: Ward system where members of territorial authority elected on ward system in 1983 Section 56D repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989 Constitution of communities Heading repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989 57: Constitution of communities Section 57 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989 58: Union, alteration, or abolition, of communities Section 58 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989 District community councils and community councils Heading repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989 59: District community councils and community councils Section 59 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989 60: Membership of district community councils and community councils Section 60 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989 61: Purpose of community council Section 61 repealed 1 November 1989 section 6(1) Local Government Amendment Act (No 2) 1989 3: Elections, electors, and electoral rolls Part 3 repealed 1 July 2003 section 266 Local Government Act 2002 Members other than members of united council Heading repealed 1 November 1989 section 12(1) Local Government Amendment Act (No 2) 1989 62: Election of members Section 62 repealed 1 November 1989 section 12(1) Local Government Amendment Act (No 2) 1989 63: Electors qualified for election Section 63 repealed 1 November 1989 section 12(1) Local Government Amendment Act (No 2) 1989 64: Persons disqualified for election Section 64 repealed 17 June 1986 section 6 Local Government Amendment Act 1986 Members of united council Heading repealed 1 November 1989 section 12(1) Local Government Amendment Act (No 2) 1989 65: Members of united council Section 65 repealed 1 November 1989 section 12(1) Local Government Amendment Act (No 2) 1989 Special provisions relating to communities Heading repealed 1 November 1989 section 12(1) Local Government Amendment Act (No 2) 1989 66: Community within jurisdiction of district community council to constitute a ward Section 66 repealed 1 November 1989 section 12(1) Local Government Amendment Act (No 2) 1989 67: Representation of district community council on territorial authority and other bodies Section 67 repealed 1 November 1989 section 12(1) Local Government Amendment Act (No 2) 1989 68: Appointment of representative of community council to attend territorial authority meetings Section 68 repealed 1 November 1989 section 12(1) Local Government Amendment Act (No 2) 1989 Electors Heading repealed 1 November 1989 section 12(1) Local Government Amendment Act (No 2) 1989 69: Parliamentary electors with appropriate residential qualification qualified as electors of territorial authority, ward, or community Section 69 repealed 1 November 1989 section 12(1) Local Government Amendment Act (No 2) 1989 70: Electors and voting rights Section 70 repealed 1 July 1989 section 11(1) Local Government Amendment Act (No 2) 1989 71: Electors of regions Section 71 repealed 1 July 1989 section 11(1) Local Government Amendment Act (No 2) 1989 72: Compilation of electoral roll Section 72 repealed 1 July 1989 section 11(1) Local Government Amendment Act (No 2) 1989 73: No person to be enrolled more than once Section 73 repealed 1 July 1989 section 11(1) Local Government Amendment Act (No 2) 1989 Electoral rolls Heading repealed 1 July 1989 section 11(1) Local Government Amendment Act (No 2) 1989 74: Roll to be available for public inspection Section 74 repealed 1 July 1989 section 11(1) Local Government Amendment Act (No 2) 1989 75: Application for registration as a parliamentary elector Section 75 repealed 1 July 1989 section 11(1) Local Government Amendment Act (No 2) 1989 76: Completion of roll Section 76 repealed 1 July 1989 section 11(1) Local Government Amendment Act (No 2) 1989 77: Amendments to roll Section 77 repealed 1 July 1989 section 11(1) Local Government Amendment Act (No 2) 1989 78: When roll in force Section 78 repealed 1 July 1989 section 11(1) Local Government Amendment Act (No 2) 1989 79: Proof of roll Section 79 repealed 1 July 1989 section 11(1) Local Government Amendment Act (No 2) 1989 80: Roll for by-election or poll Section 80 repealed 1 July 1989 section 11(1) Local Government Amendment Act (No 2) 1989 81: Use of roll for other local authority election, by-election, or poll Section 81 repealed 1 July 1989 section 11(1) Local Government Amendment Act (No 2) 1989 82: Special provisions relating to regional council elections Section 82 repealed 1 July 1989 section 11(1) Local Government Amendment Act (No 2) 1989 83: Local Elections and Polls Act 1976 applied Section 83 repealed 1 July 1989 section 11(1) Local Government Amendment Act (No 2) 1989 84: Revision of rolls Section 84 repealed 17 June 1986 section 7 Local Government Amendment Act 1986 85: Rolls for purposes of by-elections and polls Section 85 repealed 17 June 1986 section 7 Local Government Amendment Act 1986 86: Use of rolls for other local authority elections and polls Section 86 repealed 17 June 1986 section 7 Local Government Amendment Act 1986 87: Special provisions relating to regional council elections Section 87 repealed 17 June 1986 section 7 Local Government Amendment Act 1986 88: Local Elections and Polls Act 1976 applied Section 88 repealed 17 June 1986 section 7 Local Government Amendment Act 1986 89: Compulsory enrolment of residential electors Section 89 repealed 17 June 1986 section 7 Local Government Amendment Act 1986 4: Mayor, chairman, and members of councils Part 4 repealed 1 November 1989 section 12(2) Local Government Amendment Act (No 2) 1989 90: Mayor of borough Section 90 repealed 1 November 1989 section 12(2) Local Government Amendment Act (No 2) 1989 91: Mayor or chairman of district council Section 91 repealed 1 November 1989 section 12(2) Local Government Amendment Act (No 2) 1989 92: Election of mayor Section 92 repealed 1 November 1989 section 12(2) Local Government Amendment Act (No 2) 1989 93: Election of chairman of regional council, united council, county, district of a district council, town district, district community council, or community council Section 93 repealed 1 November 1989 section 12(2) Local Government Amendment Act (No 2) 1989 93A: Regional, united, county, district, town, district community, or community council may remove chairman from office and elect new chairman Section 93A repealed 1 November 1989 section 12(2) Local Government Amendment Act (No 2) 1989 93B: Election of chairman by open voting Section 93B repealed 1 November 1989 section 12(2) Local Government Amendment Act (No 2) 1989 94: Principal officer to preside at meeting for election of chairman Section 94 repealed 1 November 1989 section 12(2) Local Government Amendment Act (No 2) 1989 95: Provisions where the same person elected to be both mayor and a member Section 95 repealed 1 November 1989 section 12(2) Local Government Amendment Act (No 2) 1989 96: Provisions applying to all mayors and chairmen Section 96 repealed 1 November 1989 section 12(2) Local Government Amendment Act (No 2) 1989 Disqualification of members of councils, and filling of extraordinary vacancies Heading repealed 1 November 1989 section 12(2) Local Government Amendment Act (No 2) 1989 97: Disqualification of members of councils other than united councils Section 97 repealed 1 November 1989 section 12(2) Local Government Amendment Act (No 2) 1989 98: Extraordinary vacancies on district community councils and community councils Section 98 repealed 1 November 1989 section 12(2) Local Government Amendment Act (No 2) 1989 99: Vacancies in membership of united council Section 99 repealed 1 November 1989 section 12(2) Local Government Amendment Act (No 2) 1989 100: Ouster of office of member Section 100 repealed 1 November 1989 section 12(2) Local Government Amendment Act (No 2) 1989 101: Audit Office to institute proceedings Section 101 repealed 1 November 1989 section 12(2) Local Government Amendment Act (No 2) 1989 4A: Membership, wards, and constituencies Part 4A repealed 1 July 2003 section 266 Local Government Act 2002 101A: Commencement Section 101A repealed 1 July 2003 section 266 Local Government Act 2002 101B: Application Section 101B repealed 10 October 1992 section 9(1) Local Government Amendment Act 1992 101C: Membership of territorial authorities Section 101C repealed 25 December 2002 section 53(d) Local Electoral Amendment Act 2002 101CA: Membership of regional councils Section 101CA repealed 25 December 2002 section 53(d) Local Electoral Amendment Act 2002 101D: Wards and constituencies of districts and regions Section 101D repealed 25 December 2002 section 53(d) Local Electoral Amendment Act 2002 101E: Membership Section 101E repealed 25 December 2002 section 53(d) Local Electoral Amendment Act 2002 101F: Electors of regions, territorial authorities, and communities Section 101F repealed 1 July 2001 section 151 Local Electoral Act 2001 101G: Parliamentary electors qualified for election to any regional council, territorial authority, or community board Section 101G repealed 1 July 2001 section 151 Local Electoral Act 2001 101GA: Candidacy for both regional council and constituent authority prohibited Section 101GA repealed 1 July 2001 section 151 Local Electoral Act 2001 101H: Review of membership and basis of election Section 101H repealed 25 December 2002 section 53(d) Local Electoral Amendment Act 2002 101I: Distribution of copies of resolution Section 101I repealed 25 December 2002 section 53(d) Local Electoral Amendment Act 2002 101J: Objections Section 101J repealed 25 December 2002 section 53(d) Local Electoral Amendment Act 2002 101K: Commission to determine wards and constituencies Section 101K repealed 25 December 2002 section 53(d) Local Electoral Amendment Act 2002 101L: Factors in determination of membership and basis of election Section 101L repealed 25 December 2002 section 53(d) Local Electoral Amendment Act 2002 101M: When ward and constituency determinations take effect Section 101M repealed 25 December 2002 section 53(d) Local Electoral Amendment Act 2002 Presiding members of territorial authorities and regional councils Heading repealed 1 July 2003 section 266 Local Government Act 2002 101N: Presiding member Section 101N repealed 1 July 2003 section 266 Local Government Act 2002 101O: Qualification and election of mayor of territorial authority Section 101O repealed 1 July 2001 section 151 Local Electoral Act 2001 101P: Election of chairperson of regional council Section 101P repealed 1 July 2003 section 266 Local Government Act 2002 101Q: Provisions applying to all mayors and chairpersons Section 101Q repealed 1 July 2003 section 266 Local Government Act 2002 101R: Filling of vacancy in office of mayor Section 101R repealed 1 July 2001 section 151 Local Electoral Act 2001 101S: Filling of vacancy in office of chairperson Section 101S repealed 1 July 2003 section 266 Local Government Act 2002 101T: Mayors and chairpersons to be Justices of the Peace Section 101T repealed 1 July 2003 section 266 Local Government Act 2002 101U: Election of deputy mayor or deputy chairperson Section 101U repealed 1 July 2003 section 266 Local Government Act 2002 101V: Power of regional council or territorial authority to remove chairperson, deputy chairperson, or deputy mayor from office and elect successor Section 101V repealed 1 July 2003 section 266 Local Government Act 2002 101W: Provisions where same person elected to be both mayor and a member Section 101W repealed 1 July 2001 section 151 Local Electoral Act 2001 Extraordinary vacancies Heading repealed 1 July 2003 section 266 Local Government Act 2002 101X: Disqualification of members Section 101X repealed 1 July 2003 section 266 Local Government Act 2002 101Y: Ouster of office of member Section 101Y repealed 1 July 2003 section 266 Local Government Act 2002 101Z: Secretary to institute proceedings Section 101Z repealed 1 July 2003 section 266 Local Government Act 2002 101ZA: Member's right to resign Section 101ZA repealed 1 July 2003 section 266 Local Government Act 2002 101ZB: Extraordinary vacancies Section 101ZB repealed 1 July 2003 section 266 Local Government Act 2002 101ZC: Procedure in relation to extraordinary vacancy in local authority Section 101ZC repealed 1 July 2001 section 151 Local Electoral Act 2001 101ZD: Power to require election to be held Section 101ZD repealed 1 July 2001 section 151 Local Electoral Act 2001 101ZE: Election to extraordinary vacancy Section 101ZE repealed 1 July 2001 section 151 Local Electoral Act 2001 4B: Communities Part 4B repealed 1 July 2003 section 266 Local Government Act 2002 101ZF: Commencement Section 101ZF repealed 1 July 2003 section 266 Local Government Act 2002 101ZG: Constitution of communities Section 101ZG repealed 1 July 2003 section 266 Local Government Act 2002 101ZH: Matters pertaining to constitution of communities Section 101ZH repealed 1 July 2003 section 266 Local Government Act 2002 101ZI: Proposal to establish community Section 101ZI repealed 1 July 2003 section 266 Local Government Act 2002 101ZJ: Requirements in relation to proposal Section 101ZJ repealed 1 July 2003 section 266 Local Government Act 2002 101ZK: Proposal seeking constitution of communities Section 101ZK repealed 1 July 2003 section 266 Local Government Act 2002 101ZL: Matters to be considered when constituting community Section 101ZL repealed 1 July 2003 section 266 Local Government Act 2002 101ZM: Appeal against refusal to constitute community Section 101ZM repealed 1 July 2003 section 266 Local Government Act 2002 101ZN: Procedures relating to resolution to constitute community Section 101ZN repealed 1 July 2003 section 266 Local Government Act 2002 101ZO: Union, alteration, or abolition of communities Section 101ZO repealed 1 July 2003 section 266 Local Government Act 2002 Community boards Heading repealed 1 July 2003 section 266 Local Government Act 2002 101ZP: Community boards Section 101ZP repealed 1 July 2003 section 266 Local Government Act 2002 101ZQ: Membership of community boards Section 101ZQ repealed 1 July 2003 section 266 Local Government Act 2002 101ZR: Elections of community boards Section 101ZR repealed 1 July 2003 section 266 Local Government Act 2002 101ZS: Application of certain provisions relating to extraordinary vacancies Section 101ZS repealed 1 July 2003 section 266 Local Government Act 2002 Procedural matters Heading repealed 1 July 2003 section 266 Local Government Act 2002 101ZT: Chairperson of community board Section 101ZT repealed 1 July 2003 section 266 Local Government Act 2002 101ZU: Community board committees Section 101ZU repealed 1 July 2003 section 266 Local Government Act 2002 101ZV: Quorum of community board and committees of community board Section 101ZV repealed 1 July 2003 section 266 Local Government Act 2002 101ZW: Application of Part 5A Section 101ZW repealed 1 July 2003 section 266 Local Government Act 2002 101ZX: Community boards not committees of territorial authority Section 101ZX repealed 1 July 2003 section 266 Local Government Act 2002 Purposes, functions, duties, and powers of community boards Heading repealed 1 July 2003 section 266 Local Government Act 2002 101ZY: Purposes of community board Section 101ZY repealed 1 July 2003 section 266 Local Government Act 2002 101ZZ: Functions, duties, and powers of community board Section 101ZZ repealed 1 July 2003 section 266 Local Government Act 2002 101ZZA: Specific functions determined by Order in Council Section 101ZZA repealed 1 July 2003 section 266 Local Government Act 2002 Administrative and other facilities Heading repealed 1 July 2003 section 266 Local Government Act 2002 101ZZB: Provision of administrative and other facilities for community boards Section 101ZZB repealed 1 July 2003 section 266 Local Government Act 2002 101ZZC: Expenses of community boards Section 101ZZC repealed 1 July 2003 section 266 Local Government Act 2002 4C: Remuneration of members Part 4C repealed 1 July 2003 section 266 Local Government Act 2002 101ZZD: Commencement Section 101ZZD repealed 1 July 2003 section 266 Local Government Act 2002 101ZZE: Interpretation Section 101ZZE repealed 1 July 2003 section 266 Local Government Act 2002 101ZZF: Remuneration Authority Section 101ZZF repealed 1 July 2003 section 266 Local Government Act 2002 101ZZG: Mandatory criteria for Authority Section 101ZZG repealed 1 July 2003 section 266 Local Government Act 2002 101ZZH: Submissions to Authority Section 101ZZH repealed 1 July 2003 section 266 Local Government Act 2002 101ZZI: Frequency of adjustments Section 101ZZI repealed 1 July 2003 section 266 Local Government Act 2002 101ZZJ: Determination is a regulation Section 101ZZJ repealed 1 July 2003 section 266 Local Government Act 2002 101ZZK: Publication of determinations Section 101ZZK repealed 1 July 2003 section 266 Local Government Act 2002 101ZZL: Levy to pay Authority's Section 101ZZL repealed 1 July 2003 section 266 Local Government Act 2002 101ZZM: Members and officers of Remuneration Authority Section 101ZZM repealed 1 July 2003 section 266 Local Government Act 2002 101ZZN: Meaning of remuneration Section 101ZZN repealed 1 July 2003 section 266 Local Government Act 2002 101ZZO: Greytown District Trust Lands Trustees Section 101ZZO repealed 1 July 2003 section 266 Local Government Act 2002 101ZZP: Salary or allowances not payable in certain circumstances Section 101ZZP repealed 15 December 2001 Local Government (Elected Member Remuneration and Trading Enterprises) Amendment Act 2001 101ZZQ: Salary or allowance payable to existing office holder not to be reduced Section 101ZZQ repealed 15 December 2001 Local Government (Elected Member Remuneration and Trading Enterprises) Amendment Act 2001 101ZZR: Reduction of salary where full term not served Section 101ZZR repealed 15 December 2001 Local Government (Elected Member Remuneration and Trading Enterprises) Amendment Act 2001 101ZZS: Office holder may decline to accept salary or allowance Section 101ZZS repealed 15 December 2001 Local Government (Elected Member Remuneration and Trading Enterprises) Amendment Act 2001 101ZZT: Fund from which salaries and allowances to be paid Section 101ZZT repealed 15 December 2001 Local Government (Elected Member Remuneration and Trading Enterprises) Amendment Act 2001 101ZZU: Travelling expenses of members Section 101ZZU repealed 15 December 2001 Local Government (Elected Member Remuneration and Trading Enterprises) Amendment Act 2001 101ZZV: Travelling expenses of members attending conferences Section 101ZZV repealed 15 December 2001 Local Government (Elected Member Remuneration and Trading Enterprises) Amendment Act 2001 5: Procedural matters Part 5 repealed 1 November 1989 section 17(1) Local Government Amendment Act (No 2) 1989 102: Interpretation Section 102 repealed 1 November 1989 section 17(1) Local Government Amendment Act (No 2) 1989 103: Declaration by member Section 103 repealed 1 November 1989 section 17(1) Local Government Amendment Act (No 2) 1989 Committees Heading repealed 1 November 1989 section 17(1) Local Government Amendment Act (No 2) 1989 104: Standing or special committees Section 104 repealed 1 November 1989 section 17(1) Local Government Amendment Act (No 2) 1989 105: Joint committees Section 105 repealed 1 November 1989 section 17(1) Local Government Amendment Act (No 2) 1989 106: Subcommittees Section 106 repealed 1 November 1989 section 17(1) Local Government Amendment Act (No 2) 1989 Meetings Heading repealed 1 November 1989 section 17(1) Local Government Amendment Act (No 2) 1989 107: Chairman of meetings Section 107 repealed 1 November 1989 section 17(1) Local Government Amendment Act (No 2) 1989 108: Quorum of councils and committees, and voting at meetings Section 108 repealed 1 November 1989 section 17(1) Local Government Amendment Act (No 2) 1989 108A: Voting system for certain elections and appointments Section 108A repealed 1 November 1989 section 17(1) Local Government Amendment Act (No 2) 1989 109: Proceedings not invalidated by vacancies, irregularities, etc Section 109 repealed 1 November 1989 section 17(1) Local Government Amendment Act (No 2) 1989 110: Ordinary meetings Section 110 repealed 1 November 1989 section 17(1) Local Government Amendment Act (No 2) 1989 111: Special meetings Section 111 repealed 1 November 1989 section 17(1) Local Government Amendment Act (No 2) 1989 112: Minutes of proceedings Section 112 repealed 1 November 1989 section 17(1) Local Government Amendment Act (No 2) 1989 Special orders Heading repealed 1 November 1989 section 17(1) Local Government Amendment Act (No 2) 1989 113: Special orders Section 113 repealed 1 November 1989 section 17(1) Local Government Amendment Act (No 2) 1989 Procedural rules Heading repealed 1 November 1989 section 17(1) Local Government Amendment Act (No 2) 1989 114: Rules as to proceedings of council, committees, etc Section 114 repealed 1 November 1989 section 17(1) Local Government Amendment Act (No 2) 1989 5A: Procedural and organisational matters Part 5A repealed 1 July 2003 section 266 Local Government Act 2002 114A: Commencement Section 114A repealed 1 July 2003 section 266 Local Government Act 2002 114B: Interpretation Section 114B repealed 1 July 2003 section 266 Local Government Act 2002 Meetings Heading repealed 1 July 2003 section 266 Local Government Act 2002 114C: General provisions as to meetings Section 114C repealed 1 July 2003 section 266 Local Government Act 2002 114D: First meeting following triennial general election Section 114D repealed 1 July 2003 section 266 Local Government Act 2002 114E: Ordinary meetings Section 114E repealed 1 July 2003 section 266 Local Government Act 2002 114F: Special meetings Section 114F repealed 1 July 2003 section 266 Local Government Act 2002 114G: Emergency meetings Section 114G repealed 1 July 2003 section 266 Local Government Act 2002 114H: Meetings not invalid because notice not given Section 114H repealed 1 July 2003 section 266 Local Government Act 2002 Conduct of meetings Heading repealed 1 July 2003 section 266 Local Government Act 2002 114I: Quorum of councils and committees Section 114I repealed 1 July 2003 section 266 Local Government Act 2002 114J: Voting Section 114J repealed 1 July 2003 section 266 Local Government Act 2002 114K: Voting systems for certain appointments Section 114K repealed 1 July 2003 section 266 Local Government Act 2002 114L: Chairperson of meetings Section 114L repealed 1 July 2003 section 266 Local Government Act 2002 Procedures at meetings Heading repealed 1 July 2003 section 266 Local Government Act 2002 114M: Standing orders Section 114M repealed 1 July 2003 section 266 Local Government Act 2002 114N: Minutes of proceedings Section 114N repealed 1 July 2003 section 266 Local Government Act 2002 114O: Proceedings not invalidated by vacancies, irregularities, etc Section 114O repealed 1 July 2003 section 266 Local Government Act 2002 Committees and subcommittees Heading repealed 1 July 2003 section 266 Local Government Act 2002 114P: Power to appoint committees and subcommittees Section 114P repealed 1 July 2003 section 266 Local Government Act 2002 114Q: Delegation to committees and subcommittees Section 114Q repealed 1 July 2003 section 266 Local Government Act 2002 114R: Membership of committees and subcommittees Section 114R repealed 1 July 2003 section 266 Local Government Act 2002 114S: Joint committees Section 114S repealed 1 July 2003 section 266 Local Government Act 2002 Conduct of members Heading repealed 1 July 2003 section 266 Local Government Act 2002 114T: Members to give notice of addresses Section 114T repealed 1 July 2003 section 266 Local Government Act 2002 114U: Declaration by member Section 114U repealed 1 July 2003 section 266 Local Government Act 2002 114V: Members shall abide by standing orders Section 114V repealed 1 July 2003 section 266 Local Government Act 2002 6: Administrative and other facilities Part 6 repealed 1 November 1989 section 19(1) Local Government Amendment Act (No 2) 1989 115: Administration of united council Section 115 repealed 1 November 1989 section 19(1) Local Government Amendment Act (No 2) 1989 116: Administering authority to provide staff, land, and other facilities for united council Section 116 repealed 1 November 1989 section 19(1) Local Government Amendment Act (No 2) 1989 117: Staff of regional councils and territorial authorities Section 117 repealed 1 November 1989 section 19(1) Local Government Amendment Act (No 2) 1989 118: Provision of administrative and other facilities for district community councils and community councils Section 118 repealed 1 November 1989 section 19(1) Local Government Amendment Act (No 2) 1989 119: Expenses of community councils Section 119 repealed 1 November 1989 section 19(1) Local Government Amendment Act (No 2) 1989 6A: Employment of staff Part 6A repealed 1 July 2003 section 266 Local Government Act 2002 119A: Commencement Section 119A repealed 1 July 2003 section 266 Local Government Act 2002 119B: Staff of local authorities Section 119B repealed 1 July 2003 section 266 Local Government Act 2002 119C: Chief executive officer or group of senior executive officers Section 119C repealed 1 July 2003 section 266 Local Government Act 2002 119D: Responsibilities of executive officers Section 119D repealed 1 July 2003 section 266 Local Government Act 2002 119E: Maximum term of employment Section 119E repealed 1 July 2003 section 266 Local Government Act 2002 119F: General employment principles Section 119F repealed 1 July 2003 section 266 Local Government Act 2002 119G: Equal employment opportunities programme Section 119G repealed 1 July 2003 section 266 Local Government Act 2002 119H: Appointments on merit Section 119H repealed 1 July 2003 section 266 Local Government Act 2002 119I: Obligation to notify vacancies Section 119I repealed 1 July 2003 section 266 Local Government Act 2002 119J: Maximum term of office of certain employees Section 119J repealed 1 July 2003 section 266 Local Government Act 2002 7: General revenues and estimates Part 7 repealed 1 July 1992 section 16 Local Government Amendment Act 1992 120: General revenues Section 120 repealed 1 July 1992 section 16 Local Government Amendment Act 1992 121: Annual estimates Section 121 repealed 1 July 1990 section 24(2) Local Government Amendment Act (No 2) 1989 122: Application of income Section 122 repealed 1 July 1992 section 16 Local Government Amendment Act 1992 7A: Financial management Part 7A repealed 1 July 2003 section 266 Local Government Act 2002 122A: Interpretation Section 122A repealed 1 July 2003 section 266 Local Government Act 2002 122B: Purposes Section 122B repealed 1 July 2003 section 266 Local Government Act 2002 122C: Principles of financial management Section 122C repealed 1 July 2003 section 266 Local Government Act 2002 122D: Local authorities not required to use specific funding mechanisms Section 122D repealed 1 July 2003 section 266 Local Government Act 2002 122E: Funding of expenditure needs Section 122E repealed 1 July 2003 section 266 Local Government Act 2002 122F: Principles relating to funding of expenditure needs Section 122F repealed 1 July 2003 section 266 Local Government Act 2002 122G: Considerations related to funding of expenditure needs Section 122G repealed 1 July 2003 section 266 Local Government Act 2002 122H: Matters related to mechanisms for funding of expenditure needs Section 122H repealed 1 July 2003 section 266 Local Government Act 2002 122I: Compliance Section 122I repealed 1 July 2003 section 266 Local Government Act 2002 122J: Short-term borrowing, reserves, etc Section 122J repealed 1 July 2003 section 266 Local Government Act 2002 122K: Long-term financial strategy Section 122K repealed 1 July 2003 section 266 Local Government Act 2002 122L: Content of long-term financial strategy Section 122L repealed 1 July 2003 section 266 Local Government Act 2002 122M: Significant forecasting assumptions of long-term financial strategy Section 122M repealed 1 July 2003 section 266 Local Government Act 2002 122N: Funding policy Section 122N repealed 1 July 2003 section 266 Local Government Act 2002 122O: Content of funding policy Section 122O repealed 1 July 2003 section 266 Local Government Act 2002 122P: Investment policy Section 122P repealed 1 July 2003 section 266 Local Government Act 2002 122Q: Content of investment policy Section 122Q repealed 1 July 2003 section 266 Local Government Act 2002 122R: Borrowing management policy Section 122R repealed 1 July 2003 section 266 Local Government Act 2002 122S: Content of borrowing management policy Section 122S repealed 1 July 2003 section 266 Local Government Act 2002 122T: Changes to long-term financial strategy and policies Section 122T repealed 1 July 2003 section 266 Local Government Act 2002 122U: Variations between long-term financial strategy and funding, investment, or borrowing management policies Section 122U repealed 1 July 2003 section 266 Local Government Act 2002 122V: Report on long-term financial strategy and policies Section 122V repealed 1 July 2003 section 266 Local Government Act 2002 122W: Limitation of review Section 122W repealed 1 July 2003 section 266 Local Government Act 2002 122X: Statement of compliance Section 122X repealed 1 July 2003 section 266 Local Government Act 2002 7B: Borrowing and security Part 7B repealed 1 July 2003 section 266 Local Government Act 2002 122Y: Commencement Section 122Y repealed 1 July 2003 section 266 Local Government Act 2002 122Z: Interpretation Section 122Z repealed 1 July 2003 section 266 Local Government Act 2002 Power to borrow Heading repealed 1 July 2003 section 266 Local Government Act 2002 122ZA: General power to borrow Section 122ZA repealed 1 July 2003 section 266 Local Government Act 2002 122ZAA: Internal borrowing Section 122ZAA repealed 1 July 2003 section 266 Local Government Act 2002 122ZB: Power to enter into incidental arrangements Section 122ZB repealed 1 July 2003 section 266 Local Government Act 2002 122ZC: Prohibition on borrowing in foreign currency Section 122ZC repealed 1 July 2003 section 266 Local Government Act 2002 Procedure for raising loans Heading repealed 1 July 2003 section 266 Local Government Act 2002 122ZD: Procedure for borrowing money Section 122ZD repealed 1 July 2003 section 266 Local Government Act 2002 Securities and charges Heading repealed 1 July 2003 section 266 Local Government Act 2002 122ZE: Security for loans Section 122ZE repealed 1 July 2003 section 266 Local Government Act 2002 122ZF: Provisions applying to special rates Section 122ZF repealed 1 July 2003 section 266 Local Government Act 2002 122ZG: Effects of breach on third parties Section 122ZG repealed 1 July 2003 section 266 Local Government Act 2002 Registration of charges Heading repealed 1 July 2003 section 266 Local Government Act 2002 122ZH: Registration of charges Section 122ZH repealed 1 July 2003 section 266 Local Government Act 2002 122ZI: Register of charges maintained by Registrar of Companies Section 122ZI repealed 1 July 2003 section 266 Local Government Act 2002 122ZJ: Register of charges maintained by local authority Section 122ZJ repealed 1 July 2003 section 266 Local Government Act 2002 122ZK: Registration of subsisting charges Section 122ZK repealed 1 July 2003 section 266 Local Government Act 2002 Receivership Heading repealed 1 July 2003 section 266 Local Government Act 2002 122ZL: Appointment of receivers Section 122ZL repealed 1 July 2003 section 266 Local Government Act 2002 122ZM: Powers and duties of receivers Section 122ZM repealed 1 July 2003 section 266 Local Government Act 2002 122ZN: Constraints on receiver Section 122ZN repealed 1 July 2003 section 266 Local Government Act 2002 122ZO: Protection for receiver Section 122ZO repealed 1 July 2003 section 266 Local Government Act 2002 Miscellaneous provisions Heading repealed 1 July 2003 section 266 Local Government Act 2002 122ZP: Loans not guaranteed by Crown Section 122ZP repealed 1 July 2003 section 266 Local Government Act 2002 122ZQ: Assimilation of existing stock with new stock Section 122ZQ repealed 1 July 2003 section 266 Local Government Act 2002 122ZR: Provisions relating to sinking funds Section 122ZR repealed 1 July 2003 section 266 Local Government Act 2002 122ZS: Conversion of existing loans Section 122ZS repealed 1 July 2003 section 266 Local Government Act 2002 122ZT: Preservation of existing status Section 122ZT repealed 1 July 2003 section 266 Local Government Act 2002 8: Assessments of united councils Part 8 repealed 1 April 1990 section 21(1) Local Government Amendment Act (No 2) 1989 123: Constituent authorities to meet expenditure Section 123 repealed 1 April 1990 section 21(1) Local Government Amendment Act (No 2) 1989 124: Valuation equalisation Section 124 repealed 1 April 1990 section 21(1) Local Government Amendment Act (No 2) 1989 125: Alterations to apportionment of expenditure Section 125 repealed 1 April 1990 section 21(1) Local Government Amendment Act (No 2) 1989 125A: Objections as to alterations to apportionment of expenditure Section 125A repealed 1 April 1990 section 21(1) Local Government Amendment Act (No 2) 1989 126: Assessment of contributions Section 126 repealed 1 April 1990 section 21(1) Local Government Amendment Act (No 2) 1989 127: Jurisdiction of District Court Section 127 repealed 1 April 1990 section 21(1) Local Government Amendment Act (No 2) 1989 128: Production of documents to be evidence Section 128 repealed 1 April 1990 section 21(1) Local Government Amendment Act (No 2) 1989 129: Payment of assessments Section 129 repealed 1 April 1990 section 21(1) Local Government Amendment Act (No 2) 1989 130: Powers of constituent authorities and other territorial authorities in respect of payments Section 130 repealed 1 April 1990 section 21(1) Local Government Amendment Act (No 2) 1989 131: Powers of united council to recover contributions in case of default Section 131 repealed 1 April 1990 section 21(1) Local Government Amendment Act (No 2) 1989 132: United councils not to have rating powers Section 132 repealed 1 April 1990 section 21(1) Local Government Amendment Act (No 2) 1989 9: Rates and charges Part 9 repealed 29 June 1988 Rating Powers Act 1988 133: Levying and recovery of rates where property situated in region or out-district Section 133 repealed 29 June 1988 Rating Powers Act 1988 General rating by regional councils Heading repealed 29 June 1988 Rating Powers Act 1988 134: Determination of rating system Section 134 repealed 29 June 1988 Rating Powers Act 1988 135: Regional general rate Section 135 repealed 29 June 1988 Rating Powers Act 1988 Territorial authority general rates Heading repealed 29 June 1988 Rating Powers Act 1988 136: Territorial authority general rates Section 136 repealed 29 June 1988 Rating Powers Act 1988 137: Levying of territorial authority general rate where ward accounts kept Section 137 repealed 29 June 1988 Rating Powers Act 1988 138: Territorial authority may cease to make and levy general rates separately in each ward Section 138 repealed 29 June 1988 Rating Powers Act 1988 General rating in communities Heading repealed 29 June 1988 Rating Powers Act 1988 139: Community general rate Section 139 repealed 29 June 1988 Rating Powers Act 1988 Regional works and services rates Heading repealed 29 June 1988 Rating Powers Act 1988 140: Regional works and services rates Section 140 repealed 29 June 1988 Rating Powers Act 1988 141: Exercise of rating and levying powers of other authorities Section 141 repealed 29 June 1988 Rating Powers Act 1988 Territorial authority separate rates Heading repealed 29 June 1988 Rating Powers Act 1988 142: Works and services rates Section 142 repealed 29 June 1988 Rating Powers Act 1988 143: Separate rates Section 143 repealed 29 June 1988 Rating Powers Act 1988 Improvement and development rates in communities Heading repealed 29 June 1988 Rating Powers Act 1988 144: Community improvement and development rates Section 144 repealed 29 June 1988 Rating Powers Act 1988 145: Territorial authority may exempt farm lands in community from improvement and development rates Section 145 repealed 29 June 1988 Rating Powers Act 1988 Rating methods Heading repealed 29 June 1988 Rating Powers Act 1988 146: Interpretation Section 146 repealed 29 June 1988 Rating Powers Act 1988 147: Differential rates Section 147 repealed 29 June 1988 Rating Powers Act 1988 147A: Introduction of differential rating Section 147A repealed 29 June 1988 Rating Powers Act 1988 148: Alteration to system of differential rating Section 148 repealed 29 June 1988 Rating Powers Act 1988 148A: Certain changes not to compromise alteration to system of differential rating Section 148A repealed 29 June 1988 Rating Powers Act 1988 149: Revocation of differential rating Section 149 repealed 29 June 1988 Rating Powers Act 1988 150: Notice to Valuer-General Section 150 repealed 29 June 1988 Rating Powers Act 1988 151: Levying of differential rate Section 151 repealed 29 June 1988 Rating Powers Act 1988 152: Application of proceeds of differential rate Section 152 repealed 29 June 1988 Rating Powers Act 1988 153: Rating on a graduated scale Section 153 repealed 29 June 1988 Rating Powers Act 1988 154: Land drainage or water race rating on area system Section 154 repealed 29 June 1988 Rating Powers Act 1988 155: Appeal against operation of area system Section 155 repealed 29 June 1988 Rating Powers Act 1988 156: Classification for purposes of area rate Section 156 repealed 29 June 1988 Rating Powers Act 1988 157: Fire protection rate on value of improvements Section 157 repealed 29 June 1988 Rating Powers Act 1988 Charges instead of rates Heading repealed 29 June 1988 Rating Powers Act 1988 157A: Uniform annual general charge Section 157A repealed 29 June 1988 Rating Powers Act 1988 157B: Reduction or cancellation of uniform annual general charge Section 157B repealed 29 June 1988 Rating Powers Act 1988 157C: Uniform annual general charges on properties only partly in district Section 157C repealed 29 June 1988 Rating Powers Act 1988 158: Water charges Section 158 repealed 29 June 1988 Rating Powers Act 1988 159: Provisions as to water meters Section 159 repealed 29 June 1988 Rating Powers Act 1988 160: Water race charge Section 160 repealed 29 June 1988 Rating Powers Act 1988 161: Owner granting land for water race may have water free of charge or at a reduced charge Section 161 repealed 29 June 1988 Rating Powers Act 1988 162: Sewerage and stormwater drainage charges Section 162 repealed 29 June 1988 Rating Powers Act 1988 163: Refuse charges Section 163 repealed 29 June 1988 Rating Powers Act 1988 164: Fire protection charges Section 164 repealed 29 June 1988 Rating Powers Act 1988 164A: Uniform annual charges instead of rates for certain purpose Section 164A repealed 29 June 1988 Rating Powers Act 1988 164AA: Annual charges on properties in common occupation Section 164AA repealed 29 June 1988 Rating Powers Act 1988 Lump sum contribution to capital cost of works Heading repealed 29 June 1988 Rating Powers Act 1988 164B: Interpretation Section 164B repealed 29 June 1988 Rating Powers Act 1988 164C: Territorial authority may resolve to seek lump sum contributions from ratepayers Section 164C repealed 29 June 1988 Rating Powers Act 1988 164D: Preparation of cost estimates and calculation of contributions and rates or charges relating to works Section 164D repealed 29 June 1988 Rating Powers Act 1988 164E: Right to make lump sum contribution Section 164E repealed 29 June 1988 Rating Powers Act 1988 164F: Notification to ratepayer of right to make election Section 164F repealed 29 June 1988 Rating Powers Act 1988 164G: Effect of election to make a lump sum contribution Section 164G repealed 29 June 1988 Rating Powers Act 1988 164H: Payment of lump sum contributions Section 164H repealed 29 June 1988 Rating Powers Act 1988 164I: Recalculation of lump sum contribution on completion of work Section 164I repealed 29 June 1988 Rating Powers Act 1988 164J: Refund of or increase in lump sum contribution Section 164J repealed 29 June 1988 Rating Powers Act 1988 164K: Lump sum contribution deemed to be separate rate Section 164K repealed 29 June 1988 Rating Powers Act 1988 10: Miscellaneous financial provisions Part 10 repealed 1 July 2003 section 266 Local Government Act 2002 165: Interpretation Section 165 repealed 29 June 1988 Rating Powers Act 1988 166: Minimum rates Section 166 repealed 29 June 1988 Rating Powers Act 1988 167: Charges deemed to be rates Section 167 repealed 29 June 1988 Rating Powers Act 1988 168: In default of payment of water rates or charges supply may be stopped Section 168 repealed 29 June 1988 Rating Powers Act 1988 169: Adjusted valuation Section 169 repealed 29 June 1988 Rating Powers Act 1988 170: Adoption of different rating system in community Section 170 repealed 29 June 1988 Rating Powers Act 1988 171: Deduction from proceeds of separate rate of cost of making and levying rate, etc Section 171 repealed 29 June 1988 Rating Powers Act 1988 172: Separate rate may be made an annually recurring rate Section 172 repealed 29 June 1988 Rating Powers Act 1988 173: Certain separate rates payable in full or for proportionate part of year in certain circumstances Section 173 repealed 29 June 1988 Rating Powers Act 1988 174: Consolidation of special rates Section 174 repealed 29 June 1988 Rating Powers Act 1988 175: Consolidation of rates Section 175 repealed 29 June 1988 Rating Powers Act 1988 176: Application of surplus of certain rates and contributions Section 176 repealed 29 June 1988 Rating Powers Act 1988 177: Unauthorised expenditure Section 177 repealed 1 July 1990 section 24(2) Local Government Amendment Act (No 2) 1989 178: Special provisions as to County of Chatham Islands Section 178 repealed 22 December 1980 Chatham Islands County Council Empowering Act 1980 Timber levy Heading repealed 1 July 2003 section 266 Local Government Act 2002 179: Levy on timber Section 179 repealed 1 July 2003 section 266 Local Government Act 2002 Borrowing Heading repealed 1 July 2003 section 266 Local Government Act 2002 180: Security for loans Section 180 repealed 1 July 1998 section 10(1) Local Government Amendment Act (No 3) 1996 11: Local authorities fuel Part 11 inserted 1 April 1978 section 2 Local Government Amendment Act (No 3) 1977 Part 11 heading amended 1 October 2008 section 4 Local Government Act 1974 Amendment Act 2008 181: Interpretation 1: In this Part— component authority component district distribution authority Schedule 7 engine fuel section 1B specified engine fuel a: means,— i: if no Order in Council is in force under subparagraph (ii), engine fuel specified in the Excise and Excise-equivalent Duties Table (as defined in section 5(1) A: motor spirit; or B: diesel (including blends of diesel and kerosene); or C: biodiesel; or D: ethyl alcohol specified under the heading Fuels ii: that part of engine fuel specified in the Excise and Excise-equivalent Duties Table (as so defined) and prescribed by an Order in Council made under section 199A b: excludes— i: engine fuel supplied for use in the generation of electricity, or the manufacture of gas, for public use at any electric-power station or gas works; or ii: engine fuel supplied for use as fuel for any commercial ship within the meaning of section 2(1) iii: engine fuel used in the manufacture of refined petroleum products at any refinery tax area wholesale distributor a: engages in the sale of engine fuel by wholesale; or b: sells engine fuel to a retailer; or c: manufactures or produces engine fuel within New Zealand. 2: For the purposes of this section, the part of engine fuel that is motor spirit, diesel, biodiesel, or ethyl alcohol remains so whether or not it is blended with anything else. 1970 No 134 s 2; 1973 No 71 s 2; 1974 No 66 s 138 Section 181 replaced 1 April 1978 section 2 Local Government Amendment Act (No 3) 1977 Section 181(1) component authority replaced 1 July 1992 section 18 Local Government Amendment Act 1992 Section 181(1) component district replaced 1 July 1992 section 18 Local Government Amendment Act 1992 Section 181(1) distribution authority replaced 1 July 1992 section 18 Local Government Amendment Act 1992 Section 181(1) engine fuel inserted 1 October 2008 section 5(1) Local Government Act 1974 Amendment Act 2008 Section 181(1) petroleum repealed 1 October 2008 section 5(2) Local Government Act 1974 Amendment Act 2008 Section 181(1) specified engine fuel inserted 1 October 2008 section 5(1) Local Government Act 1974 Amendment Act 2008 Section 181(1) specified engine fuel replaced 1 January 2010 section 11(4) Customs and Excise Amendment Act 2009 Section 181(1) specified engine fuel amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 181(1) wholesale distributor replaced 1 October 2008 section 5(3) Local Government Act 1974 Amendment Act 2008 Section 181(2) inserted 1 October 2008 section 5(4) Local Government Act 1974 Amendment Act 2008 182: Application of this Part 1: Unless the Governor-General by Order in Council determines otherwise, a local authorities fuel tax in accordance with this Part may be levied and collected by the Crown, and is payable on any specified engine fuel purchased in New Zealand. 2: This Part shall not apply in the Chatham Islands, or to specified engine fuel 3: An order under this section is secondary legislation ( see Part 3 1970 No 134 s 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 182(1) replaced 1 October 2008 section 6(1) Local Government Act 1974 Amendment Act 2008 Section 182(2) amended 1 October 2008 section 6(2) Local Government Act 1974 Amendment Act 2008 Section 182(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 183: Tax areas for purposes of tax 1: The tax areas shall be those named in the first column of Schedule 7 2: If at any time the boundaries of the district of a territorial authority comprised in any tax area are altered, the alteration shall have effect with respect to the tax area, and the boundaries of the tax area shall be deemed to be altered accordingly. Section 183 replaced 1 July 1992 section 19 Local Government Amendment Act 1992 184: Notice of change of distribution authority Where pursuant to this Part the functions of a distribution authority are transferred from one component authority to another component authority, the component authority to which the functions are transferred shall give notice accordingly to— a: every wholesale distributor at his head office in New Zealand; and b: the Secretary. Section 184 replaced 1 April 1978 section 2 Local Government Amendment Act (No 3) 1977 185: Powers of component authorities to levy fuel 1: There may from time to time, on behalf of the component authorities of any tax area, be levied in accordance with this Part a tax, to be called the local authorities fuel tax specified engine fuel a: delivered within the tax area by or on behalf of any wholesale distributor pursuant to any sale, agreement to sell, or disposition made by the wholesale distributor before or after the commencement of this Part, irrespective of where the sale, agreement to sell, or disposition was made; or b: used by any wholesale distributor within the tax area. 2: Any tax so levied shall be— a: at the rates specified in scale A or in scale B or in scale C in Schedule 6 b: in respect of each class of specified engine fuel 3: Notwithstanding anything in subsection (1), no local authorities fuel tax a: any specified engine fuel b: any specified engine fuel 3A: If any type of diesel is a specified engine fuel, the local authorities fuel tax applies to blends of kerosene and diesel as if they were entirely diesel. 4: Subject to this Part, the local authorities petroleum tax being levied immediately before the commencement of this Part pursuant to the Local Authorities (Petroleum Tax) Act 1970 shall continue to be levied under this Part, as if the decision to levy the tax had been made under this Part, until the scale of tax is altered pursuant to section 186 Schedule 8 5: Every reference in an enactment or document to the local authorities petroleum tax must, unless the context otherwise requires, be read as a reference to the local authorities fuel tax. 1970 No 134 s 4 Section 185 replaced 1 April 1978 section 2 Local Government Amendment Act (No 3) 1977 Section 185 heading amended 1 October 2008 section 7(1) Local Government Act 1974 Amendment Act 2008 Section 185(1) amended 1 October 2008 section 7(2) Local Government Act 1974 Amendment Act 2008 Section 185(1) amended 1 October 2008 section 7(3) Local Government Act 1974 Amendment Act 2008 Section 185(2)(b) amended 1 October 2008 section 7(3) Local Government Act 1974 Amendment Act 2008 Section 185(3) amended 1 October 2008 section 7(4) Local Government Act 1974 Amendment Act 2008 Section 185(3)(a) amended 1 October 2008 section 7(5) Local Government Act 1974 Amendment Act 2008 Section 185(3)(b) amended 1 October 2008 section 7(5) Local Government Act 1974 Amendment Act 2008 Section 185(3A) inserted 1 October 2008 section 7(6) Local Government Act 1974 Amendment Act 2008 Section 185(5) inserted 1 October 2008 section 7(7) Local Government Act 1974 Amendment Act 2008 186: Alteration of scale of tax 1: The scale of the tax in force in any tax area may from time to time be altered by a determination of a meeting of representatives of all component authorities of the tax area. 2: 3: No alteration in the scale of the tax shall be made under subsection (1) to take effect at any time within 12 months after the date of the taking effect of a previous determination under this section. 4: Each component authority (including the distribution authority) may appoint one of its members to attend as its representative any meeting under subsection (1). 5: Every representative so appointed shall be entitled to exercise 1 vote at the meeting: provided that if the population of any component district is 7 500 or more, its representative shall have 1 additional vote. 6: Every question at the meeting shall be decided on a majority of the valid votes cast at the meeting. 7: Subject to this section, the representatives present at the meeting may regulate their own procedure. 8: Sections 6 7 8 9: Every meeting to which subsection (1) applies shall be deemed for the purposes of the Local Government Official Information and Meetings Act 1987 section 51 10: No alteration in the scale of tax shall be made to take effect on any day other than the first day of a specified month. 1970 No 134 ss 7(2), (3), (4), (5), 9, 30, 31; 1974 No 66 s 137 Section 186 replaced 1 April 1978 section 2 Local Government Amendment Act (No 3) 1977 Section 186(1) replaced 1 July 1992 section 20(1) Local Government Amendment Act 1992 Section 186(2) repealed 1 July 1992 section 20(2) Local Government Amendment Act 1992 Section 186(3) replaced 1 July 1992 section 20(3) Local Government Amendment Act 1992 Section 186(9) amended 1 March 1988 section 58(1) Local Government Official Information and Meetings Act 1987 187: Notice of alteration of tax On the making of any alteration to the scale of tax to be levied in any tax area, the principal administrative officer a: give public notice, which shall be published in newspapers circulating in the tax area, in the form set out in Schedule 8 b: send to every wholesale distributor at his head office for New Zealand a notice to the same effect; and c: send to the Secretary of Trade and Industry a notice to the same effect. 1970 No 134 s 10 Section 187 replaced 1 April 1978 section 2 Local Government Amendment Act (No 3) 1977 Section 187 amended 19 January 1981 section 2(2) Local Government Amendment Act 1980 188: Functions of distribution authority The functions of a distribution authority shall be— a: of its own motion or at the request of 2 or more component authorities of the tax area, to convene such meetings as may be required for the purposes of section 186 b: to collect and distribute the proceeds of the tax within the tax area in accordance with section 198 c: to provide such administrative, secretarial, and accounting services as are necessary for the purpose of this section. 1970 No 134 ss 17, 18 Section 188 replaced 1 April 1978 section 2 Local Government Amendment Act (No 3) 1977 Section 188 proviso repealed 1 July 1992 section 21 Local Government Amendment Act 1992 Collection of tax Heading inserted 1 April 1978 section 2 Local Government Amendment Act (No 3) 1977 189: Returns by wholesale distributors 1: Within 28 days after the end of each accounting month within the meaning of the Motor Spirits Duty Act 1961, every wholesale distributor shall send to the principal administrative officer local authorities fuel tax monthly return a: the quantity of each class of specified engine fuel section 185 b: the amount of local authorities fuel tax c: such other particulars (if any) as may be prescribed. 2: Every wholesale distributor who fails to send to any such principal administrative officer 1970 No 134 s 20 Section 189 replaced 1 April 1978 section 2 Local Government Amendment Act (No 3) 1977 Section 189(1) amended 1 October 2008 section 8(1) Local Government Act 1974 Amendment Act 2008 Section 189(1) amended 19 January 1981 section 2(2) Local Government Amendment Act 1980 Section 189(1)(a) amended 1 October 2008 section 8(2) Local Government Act 1974 Amendment Act 2008 Section 189(1)(b) amended 1 October 2008 section 8(1) Local Government Act 1974 Amendment Act 2008 190: Assessment of tax 1: The monthly return under section 189 principal administrative officer local authorities fuel tax principal administrative officer 2: For the purposes of this Part, the Auditor-General has, in respect of the records of wholesale distributors relating to specified engine fuel Public Audit Act 2001 3: After any such inspection or examination as aforesaid, the Auditor-General principal administrative officer local authorities fuel tax principal administrative officer 1970 No 134 s 21 Section 190 replaced 1 April 1978 section 2 Local Government Amendment Act (No 3) 1977 Section 190(1) amended 1 October 2008 section 9(1) Local Government Act 1974 Amendment Act 2008 Section 190(1) amended 19 January 1981 section 2(2) Local Government Amendment Act 1980 Section 190(2) replaced 1 July 2001 section 46 Public Audit Act 2001 Section 190(2) amended 1 October 2008 section 9(2) Local Government Act 1974 Amendment Act 2008 Section 190(3) amended 1 October 2008 section 9(1) Local Government Act 1974 Amendment Act 2008 Section 190(3) amended 1 July 2001 section 52 Public Audit Act 2001 Section 190(3) amended 19 January 1981 section 2(2) Local Government Amendment Act 1980 191: Assessment presumed to be correct Every assessment made by the principal administrative officer section 192 specified engine fuel 1970 No 134 s 22 Section 191 replaced 1 April 1978 section 2 Local Government Amendment Act (No 3) 1977 Section 191 amended 1 October 2008 section 10 Local Government Act 1974 Amendment Act 2008 Section 191 amended 19 January 1981 section 2(2) Local Government Amendment Act 1980 192: Appeal against assessment 1: Within 14 days after a demand for the tax is made by the principal administrative officer the District Court 2: On the hearing of the appeal, the court, whose decision shall be final, may confirm or amend the assessment made by the principal administrative officer 1970 No 134 s 23 Section 192 replaced 1 April 1978 section 2 Local Government Amendment Act (No 3) 1977 Section 192(1) amended 1 March 2017 section 261 District Court Act 2016 Section 192(1) amended 19 January 1981 section 2(2) Local Government Amendment Act 1980 Section 192(2) amended 19 January 1981 section 2(2) Local Government Amendment Act 1980 193: Tax recoverable as a debt 1: Any local authorities fuel tax specified engine fuel specified engine fuel 2: Subject to this Part, any such debt in respect of any local authorities fuel tax section 189 principal administrative officer 3: The right to recover any tax as a debt under this section shall not be affected by the fact that no proper assessment of the tax has been made in due course under this Part, or that a deficient assessment of the tax has been made. 1970 No 134 s 24 Section 193 replaced 1 April 1978 section 2 Local Government Amendment Act (No 3) 1977 Section 193(1) amended 1 October 2008 section 11(1) Local Government Act 1974 Amendment Act 2008 Section 193(1) amended 1 October 2008 section 11(2) Local Government Act 1974 Amendment Act 2008 Section 193(2) amended 1 October 2008 section 11(1) Local Government Act 1974 Amendment Act 2008 Section 193(2) amended 19 January 1981 section 2(2) Local Government Amendment Act 1980 194: Penalty for late payment of tax Notwithstanding the provisions of this Part, if any local authorities fuel tax section 193 provided that a meeting of representatives of the component authorities, held in accordance with section 186 1970 No 134 s 25 Section 194 replaced 1 April 1978 section 2 Local Government Amendment Act (No 3) 1977 Section 194 amended 1 October 2008 section 12 Local Government Act 1974 Amendment Act 2008 Application of proceeds of tax Heading inserted 1 April 1978 section 2 Local Government Amendment Act (No 3) 1977 195: Separate bank account to be kept by distribution authority 1: All money received by the distribution authority of any tax area pursuant to this Part shall be paid into the bank at which the distribution authority keeps its general funds, to the credit of a separate account to be called The [ name of tax area Local Authorities Fuel Tax Account 2: The provisions of this Act as to the manner in which money may be paid from its bank accounts shall apply with respect to payments made from the said account. 1970 No 134 s 26 Section 195 replaced 1 April 1978 section 2 Local Government Amendment Act (No 3) 1977 Section 195(1) amended 1 October 2008 section 13 Local Government Act 1974 Amendment Act 2008 196: Accounts to be kept in accordance with requirements of Auditor-General 1: The distribution authority of every tax area shall keep such accounts, and keep them in such manner, as may be directed by the Auditor-General local authorities fuel tax 2: The decision of the Auditor-General 1970 No 134 s 27 Section 196 replaced 1 April 1978 section 2 Local Government Amendment Act (No 3) 1977 Section 196 heading amended 1 July 2001 section 52 Public Audit Act 2001 Section 196(1) amended 1 October 2008 section 14 Local Government Act 1974 Amendment Act 2008 Section 196(1) amended 1 July 2001 section 52 Public Audit Act 2001 Section 196(2) amended 1 July 2001 section 52 Public Audit Act 2001 197: Transfer by distribution authority of authorised cost of services 1: The distribution authority of any tax area may from time to time transfer to its general revenues from the Local Authorities Fuel Tax Account local authorities fuel tax 2: If any dispute arises as to any amount transferred under subsection (1), or to be transferred or otherwise in relation thereto, it shall be decided by the Auditor-General 3: Except as provided in this Part, it shall not be lawful for the distribution authority to transfer any money from the Local Authorities Fuel Tax Account Section 197 replaced 1 July 1992 section 22 Local Government Amendment Act 1992 Section 197(1) amended 1 October 2008 section 15(1) Local Government Act 1974 Amendment Act 2008 Section 197(1) amended 1 October 2008 section 15(2) Local Government Act 1974 Amendment Act 2008 Section 197(2) amended 1 July 2001 section 52 Public Audit Act 2001 Section 197(3) amended 1 October 2008 section 15(1) Local Government Act 1974 Amendment Act 2008 198: Distribution of proceeds 1: Subject to this Part, the proceeds of the tax in a tax area in any year shall be distributed by the distribution authority among the component authorities of the tax area (including the distribution authority) according to the proportion which the total rate revenue of each such component authority for the immediately preceding financial year bears to the total rate revenue of all the component authorities for that preceding financial year. 2: For the purposes of this section, the expression rate revenue 3: Nothing in this section shall be deemed to prevent a region or district forming part of 2 or more tax areas. 4: Any money paid to any component authority under this section shall form part of the general revenues of that component authority. Section 198 replaced 16 December 1989 Local Government Reform (Transitional Provisions) Act 1990 Section 198(2) replaced 1 July 1992 section 23 Local Government Amendment Act 1992 199: Effect on agreements of imposition or alteration of tax For the purposes of this Act, section 159 of the Customs Act 1966, so far as it is applicable and with all necessary modifications, shall apply to agreements for the sale of specified engine fuel local authorities fuel tax 1970 No 134 s 33 Section 199 inserted 1 April 1978 section 2 Local Government Amendment Act (No 3) 1977 Section 199 amended 1 October 2008 section 16(1) Local Government Act 1974 Amendment Act 2008 Section 199 amended 1 October 2008 section 16(2) Local Government Act 1974 Amendment Act 2008 199A: Order in Council prescribing local authorities fuel tax 1: The Governor-General may, by Order in Council,— a: specify the engine fuels set out in the Excise and Excise-equivalent Duties Table (as defined in section 5(1) b: prescribe the scale rates for specified engine fuel. 2: The scale rates of the local authorities fuel tax prescribed by an Order in Council under subsection (1)(b) may not exceed the rate of the local authorities fuel tax scale rates set out in Schedule 6 a: for which the specified engine fuel is a functional substitute; or b: with which the specified engine fuel is commonly blended. 3: Subsection (2) overrides subsection (1). 4: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 s 115 116 This note is not part of the Act. Section 199A inserted 1 October 2008 section 17 Local Government Act 1974 Amendment Act 2008 Section 199A(1)(a) replaced 1 January 2010 section 11(4) Customs and Excise Amendment Act 2009 Section 199A(1)(a) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 199A(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 200: Regulations in respect of local authorities fuel 1: Without limiting the power to make regulations conferred by section 723 a: prescribing such forms, returns, and notices as may be necessary for any purpose under this Part: b: prescribing matters to be included in any returns to be made or accounts or records to be kept by wholesale distributors or other persons for any purpose under this Part: c: providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Part and for its due administration. 2: Regulations made for the purpose of this section are secondary legislation ( see Part 3 1970 No 134 s 34 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 200 inserted 1 April 1978 section 2 Local Government Amendment Act (No 3) 1977 Section 200 heading amended 1 October 2008 section 18 Local Government Act 1974 Amendment Act 2008 Section 200(1) amended 1 April 1980 section 8(1) Local Government Amendment Act 1979 Section 200(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 11A: Regional petrol tax Part 11A repealed 1 February 1996 section 4(1) Local Government Amendment Act (No 2) 1995 200A: Interpretation Section 200A repealed 1 February 1996 section 4(1) Local Government Amendment Act (No 2) 1995 200B: Application of this Part Section 200B repealed 1 February 1996 section 4(1) Local Government Amendment Act (No 2) 1995 200C: Power of regional councils to levy regional petrol tax Section 200C repealed 1 February 1996 section 4(1) Local Government Amendment Act (No 2) 1995 200D: Regional petrol tax to be notified Section 200D repealed 1 February 1996 section 4(1) Local Government Amendment Act (No 2) 1995 200E: Restriction on collection of tax Section 200E repealed 1 February 1996 section 4(1) Local Government Amendment Act (No 2) 1995 200F: Application of proceeds of tax Section 200F repealed 1 February 1996 section 4(1) Local Government Amendment Act (No 2) 1995 200G: Returns by wholesale distributors Section 200G repealed 1 February 1996 section 4(1) Local Government Amendment Act (No 2) 1995 200H: Assessment of tax Section 200H repealed 1 February 1996 section 4(1) Local Government Amendment Act (No 2) 1995 200I: Assessment presumed to be correct Section 200I repealed 1 February 1996 section 4(1) Local Government Amendment Act (No 2) 1995 200J: Appeal against assessment Section 200J repealed 1 February 1996 section 4(1) Local Government Amendment Act (No 2) 1995 200K: Tax recoverable as a debt Section 200K repealed 1 February 1996 section 4(1) Local Government Amendment Act (No 2) 1995 200L: Penalty for late payment of tax Section 200L repealed 1 February 1996 section 4(1) Local Government Amendment Act (No 2) 1995 200M: Effect on agreements of imposition or alteration of tax Section 200M repealed 1 February 1996 section 4(1) Local Government Amendment Act (No 2) 1995 200N: Accounting month Section 200N repealed 1 February 1996 section 4(1) Local Government Amendment Act (No 2) 1995 12: Accounting documents, special funds, trading undertakings, and expenditure Part 12 repealed 1 July 2003 section 266 Local Government Act 2002 201: Application and interpretation of Part 12 Section 201 repealed 1 July 1990 section 22(1)(a) Local Government Amendment Act (No 2) 1989 Financial records Heading repealed 1 July 2003 section 266 Local Government Act 2002 202: Financial records Section 202 repealed 1 July 1990 section 22(1)(b) Local Government Amendment Act (No 2) 1989 203: Allocation of administration costs Section 203 repealed 19 January 1981 section 27(1) Local Government Amendment Act 1980 204: Inspection of documents by electors and others Section 204 repealed 1 July 1990 section 22(1)(c) Local Government Amendment Act (No 2) 1989 Custody of and payment of money Heading repealed 1 July 2003 section 266 Local Government Act 2002 205: Payment to and withdrawal from bank accounts Section 205 repealed 1 July 1990 section 22(1)(c) Local Government Amendment Act (No 2) 1989 206: Deposit at interest Section 206 repealed 1 July 1990 section 22(1)(c) Local Government Amendment Act (No 2) 1989 207: Council may establish Imprest Accounts Section 207 repealed 1 July 1990 section 22(1)(c) Local Government Amendment Act (No 2) 1989 208: Council may establish special funds Section 208 repealed 1 July 1990 section 22(1)(c) Local Government Amendment Act (No 2) 1989 209: Certain funds deemed to be special funds under this Act Section 209 repealed 1 July 1990 section 22(1)(c) Local Government Amendment Act (No 2) 1989 Special provisions as to trading undertakings Heading repealed 1 July 2003 section 266 Local Government Act 2002 210: Asset renewal charge Section 210 repealed 1 July 1990 section 22(1)(c) Local Government Amendment Act (No 2) 1989 211: Application of asset renewal charge Section 211 repealed 1 July 1990 section 22(1)(c) Local Government Amendment Act (No 2) 1989 212: Investment of asset renewal charge Section 212 repealed 1 July 1990 section 22(1)(c) Local Government Amendment Act (No 2) 1989 213: Power to revoke appointment of Commissioners Section 213 repealed 1 July 1990 section 22(1)(c) Local Government Amendment Act (No 2) 1989 Remuneration and expenses of, and use of facilities by, mayor or chairman and other members Heading repealed 1 July 2003 section 266 Local Government Act 2002 214: Interpretation Section 214 repealed 1 July 1989 section 23(1)(a) Local Government Amendment Act (No 2) 1989 214A: Annual allowances to be determined by Higher Salaries Commission Section 214A repealed 1 July 1989 section 23(1)(a) Local Government Amendment Act (No 2) 1989 214B: Annual allowances and remuneration to be determined by Minister following determination by Higher Salaries Commission Section 214B repealed 1 July 1989 section 23(1)(b) Local Government Amendment Act (No 2) 1989 214C: Alteration to annual allowances or remuneration of chairmen, deputy chairmen, chairmen of standing or special committees, and other members of local authorities Section 214C repealed 1 July 1989 section 23(1)(c) Local Government Amendment Act (No 2) 1989 214D: Payment of annual allowances and remuneration Section 214D repealed 1 July 1989 section 23(1)(c) Local Government Amendment Act (No 2) 1989 214E: Attendance at certain conferences and meetings to be remunerated Section 214E repealed 1 July 1989 section 23(1)(c) Local Government Amendment Act (No 2) 1989 214F: Remuneration of persons who are neither members nor employees of local authority Section 214F repealed 1 July 1989 section 23(1)(c) Local Government Amendment Act (No 2) 1989 214G: Annual allowances and remuneration not payable in certain circumstances Section 214G repealed 1 July 1989 section 23(1)(c) Local Government Amendment Act (No 2) 1989 214H: Annual allowance of chairman of district community council Section 214H repealed 1 July 1989 section 23(1)(c) Local Government Amendment Act (No 2) 1989 214I: Remuneration of chairman and other members of community council Section 214I repealed 1 July 1989 section 23(1)(c) Local Government Amendment Act (No 2) 1989 214J: Annual allowance or remuneration payable to existing office holder not to be reduced Section 214J repealed 1 July 1989 section 23(1)(c) Local Government Amendment Act (No 2) 1989 214K: Reduction of annual allowance where full term not served Section 214K repealed 1 July 1989 section 23(1)(c) Local Government Amendment Act (No 2) 1989 214L: Officer holder may decline to accept annual allowance or remuneration Section 214L repealed 1 July 1989 section 23(1)(c) Local Government Amendment Act (No 2) 1989 214M: Fund from which allowances and remuneration to be paid Section 214M repealed 1 July 1989 section 23(1)(c) Local Government Amendment Act (No 2) 1989 215: Travelling expenses of members Section 215 repealed 1 July 1989 section 23(1)(d) Local Government Amendment Act (No 2) 1989 216: Travelling expenses of members attending conferences Section 216 repealed 1 July 1989 section 23(1)(e) Local Government Amendment Act (No 2) 1989 217: Expenses of members of district community councils and community councils Section 217 repealed 1 July 1989 section 23(1)(f) Local Government Amendment Act (No 2) 1989 218: Use of transport facilities by members Section 218 repealed 1 July 1989 section 23(1)(f) Local Government Amendment Act (No 2) 1989 219: Miscellaneous expenditure Section 219 repealed 1 July 1990 section 22(1)(d) Local Government Amendment Act (No 2) 1989 Miscellaneous provisions Heading repealed 1 July 2003 section 266 Local Government Act 2002 220: Government not liable for district debts Section 220 repealed 1 July 1990 section 22(1)(e) Local Government Amendment Act (No 2) 1989 221: Rates of interest Section 221 repealed 1 July 1990 section 22(1)(f) Local Government Amendment Act (No 2) 1989 222: Offences by employees with respect to money or accounts Section 222 repealed 1 July 1990 section 22(1)(g) Local Government Amendment Act (No 2) 1989 223: Regulations as to collection of and accounting for money Section 223 repealed 1 July 1990 section 22(1)(h) Local Government Amendment Act (No 2) 1989 223A: Preparation of financial statements in certain circumstances Section 223A repealed 1 July 1990 section 22(1)(i) Local Government Amendment Act (No 2) 1989 12A: Accountability and accounting Part 12A repealed 1 July 2003 section 266 Local Government Act 2002 223B: Commencement Section 223B repealed 1 July 2003 section 266 Local Government Act 2002 223C: Conduct of affairs Section 223C repealed 1 July 2003 section 266 Local Government Act 2002 223CA: Special provisions applying to Wellington Regional Council Section 223CA repealed 1 July 2003 section 266 Local Government Act 2002 223D: Annual plan Section 223D repealed 1 July 2003 section 266 Local Government Act 2002 223E: Annual report Section 223E repealed 1 July 2003 section 266 Local Government Act 2002 223F: Financial systems Section 223F repealed 1 July 2003 section 266 Local Government Act 2002 223G: Failure to comply with financial reporting requirements Section 223G repealed 1 July 2003 section 266 Local Government Act 2002 223H: Inspection of financial records by members and specified officers of local authority Section 223H repealed 1 July 2003 section 266 Local Government Act 2002 223I: Banking and related matters Section 223I repealed 1 July 2003 section 266 Local Government Act 2002 223J: Miscellaneous expenditure Section 223J repealed 1 July 2003 section 266 Local Government Act 2002 223K: Unauthorised expenditure Section 223K repealed 1 July 2003 section 266 Local Government Act 2002 223L: Government not liable for debts Section 223L repealed 1 July 2003 section 266 Local Government Act 2002 13: Council property Part 13 repealed 1 July 2003 section 266 Local Government Act 2002 224: Interpretation Section 224 repealed 1 July 2003 section 266 Local Government Act 2002 225: Property for council purposes Section 225 repealed 1 July 2003 section 266 Local Government Act 2002 225A: Interpretation Section 225A repealed 1 July 2003 section 266 Local Government Act 2002 225B: Port company shares and assets and liabilities of former harbour boards Section 225B repealed 1 July 2003 section 266 Local Government Act 2002 225C: Application of proceeds of sale Section 225C repealed 1 July 2003 section 266 Local Government Act 2002 225D: Community trusts Section 225D repealed 1 July 2003 section 266 Local Government Act 2002 225E: Purpose of Trust Section 225E repealed 1 July 2003 section 266 Local Government Act 2002 225F: Trustees Section 225F repealed 1 July 2003 section 266 Local Government Act 2002 225G: Term of office of trustees Section 225G repealed 1 July 2003 section 266 Local Government Act 2002 225H: Persons not capable of holding office as trustee Section 225H repealed 1 July 2003 section 266 Local Government Act 2002 225I: Financial statements Section 225I repealed 1 July 2003 section 266 Local Government Act 2002 225J: Trustees to hold public meeting Section 225J repealed 1 July 2003 section 266 Local Government Act 2002 225K: Matters to be included in trust deed Section 225K repealed 1 July 2003 section 266 Local Government Act 2002 225L: Trust deed not to be inconsistent with provisions of this Act Section 225L repealed 1 July 2003 section 266 Local Government Act 2002 225M: Application of Trustee Act 1956 Section 225M repealed 1 July 2003 section 266 Local Government Act 2002 226: Disposal of council property (other than land) Section 226 repealed 1 July 2003 section 266 Local Government Act 2002 227: Shops and offices Section 227 repealed 1 July 2003 section 266 Local Government Act 2002 228: Council may purchase land by instalments Section 228 repealed 1 July 2003 section 266 Local Government Act 2002 14: Sale and leasing of land Part 14 repealed 1 July 2003 section 266 Local Government Act 2002 229: Interpretation Section 229 repealed 1 July 1992 section 29 Local Government Amendment Act 1992 230: Sale or exchange of council land Section 230 repealed 1 July 2003 section 266 Local Government Act 2002 231: Leasing of land by council Section 231 repealed 1 July 2003 section 266 Local Government Act 2002 232: Lease of council building as cinematograph theatre Section 232 repealed 1 July 2003 section 266 Local Government Act 2002 233: Leases to other local authorities may be by private contract Section 233 repealed 1 July 2003 section 266 Local Government Act 2002 234: Special provisions with respect to land and buildings reserved for recreation Section 234 repealed 1 July 2003 section 266 Local Government Act 2002 235: Council may grant easements Section 235 repealed 1 July 2003 section 266 Local Government Act 2002 236: Transfers and leases to Crown for reserves or public purposes Section 236 repealed 1 July 2003 section 266 Local Government Act 2002 15: Works of councils Part 15 repealed 1 November 1989 section 25(1) Local Government Amendment Act (No 2) 1989 237: Interpretation Section 237 repealed 1 November 1989 section 25(1) Local Government Amendment Act (No 2) 1989 237A: Power to acquire land Section 237 repealed 1 November 1989 section 25(1) Local Government Amendment Act (No 2) 1989 237B: Land for regional planning Section 237B repealed 1 November 1989 section 25(1) Local Government Amendment Act (No 2) 1989 238: General powers of council in respect of works Section 238 repealed 1 November 1989 section 25(1) Local Government Amendment Act (No 2) 1989 238A: Execution of works and services for united council Section 238A repealed 1 November 1989 section 25(1) Local Government Amendment Act (No 2) 1989 239: Council involvement in joint ventures with other persons Section 239 repealed 1 November 1989 section 25(1) Local Government Amendment Act (No 2) 1989 239A: Agreement for execution of works and development for regional planning purposes Section 239A repealed 1 November 1989 section 25(1) Local Government Amendment Act (No 2) 1989 239B: Joining of other local authorities in, and sharing of expenses of, works and development for regional planning Section 239B repealed 1 November 1989 section 25(1) Local Government Amendment Act (No 2) 1989 240: Compensation payable by council for land taken or injuriously affected Section 240 repealed 1 November 1989 section 25(1) Local Government Amendment Act (No 2) 1989 241: Government works not to be interfered with Section 241 repealed 1 November 1989 section 25(1) Local Government Amendment Act (No 2) 1989 242: Council not authorised to create nuisance Section 242 repealed 1 November 1989 section 25(1) Local Government Amendment Act (No 2) 1989 243: Protection of permanent reference marks Section 243 repealed 1 November 1989 section 25(1) Local Government Amendment Act (No 2) 1989 16: Contracts Part 16 repealed 1 November 1989 section 25(1) Local Government Amendment Act (No 2) 1989 244: Interpretation Section 244 repealed 1 November 1989 section 25(1) Local Government Amendment Act (No 2) 1989 245: Contracts for works Section 245 repealed 1 November 1989 section 25(1) Local Government Amendment Act (No 2) 1989 246: Council may contract with Minister of Works and Development and other local authorities and public bodies for execution of works Section 246 repealed 1 November 1989 section 25(1) Local Government Amendment Act (No 2) 1989 247: Co-operative contracts Section 247 repealed 1 November 1989 section 25(1) Local Government Amendment Act (No 2) 1989 16A: Works and contracts Part 16A repealed 1 July 2003 section 266 Local Government Act 2002 247A: Commencement Section 247A repealed 1 July 2003 section 266 Local Government Act 2002 247B: General powers Section 247B repealed 1 July 2003 section 266 Local Government Act 2002 247C: General power to be involved in business and other ventures Section 247C repealed 1 July 2003 section 266 Local Government Act 2002 247D: Method to be adopted Section 247D repealed 1 July 2003 section 266 Local Government Act 2002 247E: Contracts and tenders Section 247E repealed 1 July 2003 section 266 Local Government Act 2002 247F: Power to acquire land Section 247F repealed 1 July 2003 section 266 Local Government Act 2002 247G: Compensation payable by local authority for land taken or injuriously affected Section 247G repealed 1 July 2003 section 266 Local Government Act 2002 247H: Local authority not authorised to create nuisance Section 247H repealed 1 July 2003 section 266 Local Government Act 2002 17: Documents and local archives Part 17 repealed 21 April 2005 section 66(b) Public Records Act 2005 248: Interpretation Section 248 repealed 21 April 2005 section 66(b) Public Records Act 2005 Documents Heading repealed 21 April 2005 section 66(b) Public Records Act 2005 249: Council to make arrangements in connection with documents Section 249 repealed 21 April 2005 section 66(b) Public Records Act 2005 250: Documents of district community councils and community councils Section 250 repealed 21 April 2005 section 66(b) Public Records Act 2005 251: Documents of abolished local authorities Section 251 repealed 21 April 2005 section 66(b) Public Records Act 2005 252: Authentication of documents by council or board Section 252 repealed 21 April 2005 section 66(b) Public Records Act 2005 253: Service of documents, etc Section 253 repealed 21 April 2005 section 66(b) Public Records Act 2005 254: Loss or destruction of documents, etc Section 254 repealed 21 April 2005 section 66(b) Public Records Act 2005 255: Certified copies of documents Section 255 repealed 21 April 2005 section 66(b) Public Records Act 2005 Local archives Heading repealed 21 April 2005 section 66(b) Public Records Act 2005 256: Protection of local archives Section 256 repealed 21 April 2005 section 66(b) Public Records Act 2005 257: Use of local archives Section 257 repealed 21 April 2005 section 66(b) Public Records Act 2005 258: Acquisition of local archives and other documents Section 258 repealed 21 April 2005 section 66(b) Public Records Act 2005 259: Destruction of certain local archives Section 259 repealed 21 April 2005 section 66(b) Public Records Act 2005 18: General provisions as to functions and powers Part 18 repealed 1 November 1989 section 29(1) Local Government Amendment Act (No 2) 1989 260: Functions of united councils Section 260 repealed 1 November 1989 section 29(1) Local Government Amendment Act (No 2) 1989 261: Regional or united council may undertake constituent authority functions Section 261 repealed 1 November 1989 section 29(1) Local Government Amendment Act (No 2) 1989 262: Functions conferred by Order in Council Section 262 repealed 1 November 1989 section 29(1) Local Government Amendment Act (No 2) 1989 263: Provisions on transfer of functions Section 263 repealed 1 November 1989 section 29(1) Local Government Amendment Act (No 2) 1989 19: Functions of regional and united councils only Part 19 repealed 1 November 1989 section 29(1) Local Government Amendment Act (No 2) 1989 264: Interpretation Section 264 repealed 1 November 1989 section 29(1) Local Government Amendment Act (No 2) 1989 265: New regional functions Section 265 repealed 1 November 1989 section 29(1) Local Government Amendment Act (No 2) 1989 266: Councils to exercise civil defence functions Section 266 repealed 1 November 1989 section 29(1) Local Government Amendment Act (No 2) 1989 266A: Functions relating to developments of regional importance Section 266A repealed 1 November 1989 section 29(1) Local Government Amendment Act (No 2) 1989 267: Delegation of functions from Crown Section 267 repealed 1 November 1989 section 29(1) Local Government Amendment Act (No 2) 1989 268: Territorial authority may perform functions of regional council in certain circumstances Section 268 repealed 1 November 1989 section 29(1) Local Government Amendment Act (No 2) 1989 269: Out-districts Section 269 repealed 1 November 1989 section 29(1) Local Government Amendment Act (No 2) 1989 19A: Administration of petroleum rationing by regional councils and united councils Part 19A repealed 1 July 1992 section 33(1) Local Government Amendment Act 1992 269A: Interpretation Section 269A repealed 1 July 1992 section 33(1) Local Government Amendment Act 1992 269B: Regions for the purposes of this Part Section 269B repealed 1 July 1992 section 33(1) Local Government Amendment Act 1992 269C: Councils to undertake petroleum products rationing Section 269C repealed 1 July 1992 section 33(1) Local Government Amendment Act 1992 269D: Petroleum products rationing organisation plans Section 269D repealed 1 July 1992 section 33(1) Local Government Amendment Act 1992 269E: Petroleum products rationing administrative plans Section 269E repealed 1 July 1992 section 33(1) Local Government Amendment Act 1992 269F: Amendment to approved plans Section 269F repealed 1 July 1992 section 33(1) Local Government Amendment Act 1992 269G: Regional and united councils and territorial authorities to give effect to operative petroleum products rationing plans Section 269G repealed 1 July 1992 section 33(1) Local Government Amendment Act 1992 20: Subdivision and development of land Part 20 repealed 1 October 1991 section 362 Resource Management Act 1991 270: Interpretation and application Section 270 repealed 1 October 1991 section 362 Resource Management Act 1991 270A: Local Government Amendment Act 1981 not to apply to certain developments not completed at 1 January 1981 Section 270A repealed 1 October 1991 section 362 Resource Management Act 1991 271: Subdivision defined Section 271 repealed 1 October 1991 section 362 Resource Management Act 1991 271A: Development defined Section 271A repealed 1 October 1991 section 362 Resource Management Act 1991 272: Application of this Part to the Crown Section 272 repealed 1 October 1991 section 362 Resource Management Act 1991 273: Application of this Part to subdivision or development by council Section 273 repealed 1 October 1991 section 362 Resource Management Act 1991 273A: Application of this Part to developments by local authorities Section 273A repealed 1 October 1991 section 362 Resource Management Act 1991 273B: Application of this Part to development by hospital boards Section 273B repealed 1 October 1991 section 362 Resource Management Act 1991 273C: Application of this Part to relocatable home parks Section 273C repealed 1 October 1991 section 362 Resource Management Act 1991 Subdivision Heading repealed 1 October 1991 section 362 Resource Management Act 1991 274: Subdivision not to be permitted in certain circumstances Section 274 repealed 1 October 1991 section 362 Resource Management Act 1991 275: Scheme plan to be submitted to council Section 275 repealed 1 October 1991 section 362 Resource Management Act 1991 276: Concept plan may be required in certain cases Section 276 repealed 1 October 1991 section 362 Resource Management Act 1991 277: Concept plan to be referred to certain authorities Section 277 repealed 1 October 1991 section 362 Resource Management Act 1991 278: Action to be taken in respect of concept plan Section 278 repealed 1 October 1991 section 362 Resource Management Act 1991 279: Powers of council where scheme plan submitted Section 279 repealed 1 October 1991 section 362 Resource Management Act 1991 280: Council and owner may agree for subdivision to proceed Section 280 repealed 1 October 1991 section 362 Resource Management Act 1991 281: Application of Part 21 Section 281 repealed 1 October 1991 section 362 Resource Management Act 1991 282: Minimum frontage and area requirements Section 282 repealed 1 October 1991 section 362 Resource Management Act 1991 283: Public water supply, drainage, electricity reticulation, and gas supply Section 283 repealed 1 October 1991 section 362 Resource Management Act 1991 Reserves Heading repealed 1 October 1991 section 362 Resource Management Act 1991 284: Reserves policy Section 284 repealed 1 October 1991 section 362 Resource Management Act 1991 285: Reserves contributions in case of residential subdivisions Section 285 repealed 1 October 1991 section 362 Resource Management Act 1991 286: Reserves contributions in respect of subdivision for commercial or industrial purposes Section 286 repealed 1 October 1991 section 362 Resource Management Act 1991 287: Reserves contributions previously paid Section 287 repealed 1 October 1991 section 362 Resource Management Act 1991 288: Payment and use of reserves contributions Section 288 repealed 1 October 1991 section 362 Resource Management Act 1991 289: Reserves along areas of water Section 289 repealed 1 October 1991 section 362 Resource Management Act 1991 290: Compensation in respect of land along areas of water set aside as reserves Section 290 repealed 1 October 1991 section 362 Resource Management Act 1991 291: Preservation of trees and buildings of historic interest and wildlife habitat Section 291 repealed 1 October 1991 section 362 Resource Management Act 1991 292: Reserves for future service lanes Section 292 repealed 1 October 1991 section 362 Resource Management Act 1991 Development Heading repealed 1 October 1991 section 362 Resource Management Act 1991 293: Development plans Section 293 repealed 1 October 1991 section 362 Resource Management Act 1991 294: Reserves and public services contributions in respect of development Section 294 repealed 1 October 1991 section 362 Resource Management Act 1991 294A: Calculation of development levy Section 294A repealed 1 October 1991 section 362 Resource Management Act 1991 294B: Application of other sections to developments Section 294B repealed 1 October 1991 section 362 Resource Management Act 1991 294C: Variation of development plan or conditions imposed Section 294C repealed 1 October 1991 section 362 Resource Management Act 1991 294D: Reserves contributions or development levy where development varied Section 294D repealed 1 October 1991 section 362 Resource Management Act 1991 294E: Redetermination of assessed value Section 294E repealed 1 October 1991 section 362 Resource Management Act 1991 294F: Determination of actual capital value of development Section 294F repealed 1 October 1991 section 362 Resource Management Act 1991 294FA: Amendment of development levy when development completed Section 294FA repealed 1 October 1991 section 362 Resource Management Act 1991 294G: Calculation of reserves contributions and development levy when development completed Section 294G repealed 1 October 1991 section 362 Resource Management Act 1991 294H: Application of development levies fixed by council Section 294H repealed 1 October 1991 section 362 Resource Management Act 1991 294I: Owner to contribute to certain regional works Section 294I repealed 1 October 1991 section 362 Resource Management Act 1991 Provision for parking Heading repealed 1 October 1991 section 362 Resource Management Act 1991 295: Provision for parking Section 295 repealed 1 October 1991 section 362 Resource Management Act 1991 General provisions Heading repealed 1 October 1991 section 362 Resource Management Act 1991 296: Variation or revocation of scheme plan or conditions imposed Section 296 repealed 1 October 1991 section 362 Resource Management Act 1991 297: Refund of money if scheme plan revoked or lapses Section 297 repealed 1 October 1991 section 362 Resource Management Act 1991 297A: Refund of money and return of land where development does not proceed Section 297A repealed 1 October 1991 section 362 Resource Management Act 1991 298: Valuation of land or of work done Section 298 repealed 1 October 1991 section 362 Resource Management Act 1991 299: Objection to decision relating to developments Section 299 repealed 1 October 1991 section 362 Resource Management Act 1991 300: Appeals to Planning Tribunal Section 300 repealed 1 October 1991 section 362 Resource Management Act 1991 301: Appeal against determination of valuer Section 301 repealed 1 October 1991 section 362 Resource Management Act 1991 302: Work may begin pending decision on objection or appeal Section 302 repealed 1 October 1991 section 362 Resource Management Act 1991 303: Completion certificate Section 303 repealed 1 October 1991 section 362 Resource Management Act 1991 304: Bonds Section 304 repealed 1 October 1991 section 362 Resource Management Act 1991 305: Survey plan may be submitted to council for approval Section 305 repealed 1 October 1991 section 362 Resource Management Act 1991 306: Survey plan to be deposited Section 306 repealed 1 October 1991 section 362 Resource Management Act 1991 306A: Vesting of land in council in respect of a development Section 306A repealed 1 October 1991 section 362 Resource Management Act 1991 307: Agreement to sell land or building before deposit of plan Section 307 repealed 1 October 1991 section 362 Resource Management Act 1991 308: Plan approved subject to amalgamation or transfer of allotments Section 308 repealed 1 October 1991 section 362 Resource Management Act 1991 309: Plan approved subject to grant or reservation of easements Section 309 repealed 1 October 1991 section 362 Resource Management Act 1991 310: Contravention not to affect title to land Section 310 repealed 1 October 1991 section 362 Resource Management Act 1991 311: Offences Section 311 repealed 1 October 1991 section 362 Resource Management Act 1991 312: Savings as to previous approvals Section 312 repealed 1 October 1991 section 362 Resource Management Act 1991 313: Code of urban subdivision Section 313 repealed 1 October 1991 section 362 Resource Management Act 1991 314: Registration of company leases and cross leases Section 314 repealed 1 October 1991 section 362 Resource Management Act 1991 21: Roads (other than regional roads), service lanes, and access ways Part 21 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 315: Interpretation 1: In this Part, unless the context otherwise requires,— access way or, on or after 1 April 1988, the Minister of Lands council the Minister of Local Government district Minister of Local Government footpath private road or formed private way road a: immediately before the commencement of this Part was a road or street or public highway; or b: immediately before the inclusion of any area in the district was a public highway within that area; or c: is laid out by the council as a road or street after the commencement of this Part; or d: is vested in the council for the purpose of a road as shown on a deposited survey plan; or e: is vested in the council as a road or street pursuant to any other enactment;— and includes— f: except where elsewhere provided in this Part, any access way or service lane which before the commencement of this Part was under the control of any council or is laid out or constructed by or vested in any council as an access way or service lane or is declared by the Minister of Lands as an access way or service lane on or after 1 April 1988 g: every square or place intended for use of the public generally, and every bridge, culvert, drain, ford, gate, building, or other thing belonging thereto or lying upon the line or within the limits thereof;— but, except as provided in the Public Works Act 1981 or the Government Roading Powers Act 1989 service lane or, on or after 1 April 1988, the Minister of Lands survey plan Resource Management Act 1991 2: 3: Nothing in this Part shall be construed as imposing any obligation on the council in relation to any private road or private way. 4: Every accretion to any road along the bank of a river or stream or along the mean high-water mark of the sea or along the margin of any lake caused by the action of the river or stream or of the sea or lake shall form part of the road. 5: Where any road along the bank of a river or stream or along the mean high-water mark of the sea or along the margin of any lake is eroded by the action of the river or stream or of the sea or lake, the portion of road so eroded shall continue to be a road. 1948 No 39 s 2; 1954 No 76 s 169(1)(a)–(e), (2), (5), (7); 1956 No 64 s 191(a)–(e), (g)–(k); 1972 No 132 s 2; 1975 No 8 s 2(1) Section 315 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 315(1) access way amended 1 April 1988 Local Government Amendment Act 1988 Section 315(1) council amended 1 April 1988 Local Government Amendment Act 1988 Section 315(1) council amended 14 January 1983 Local Government Amendment Act (No 2) 1982 Section 315(1) district amended 1 April 1988 Local Government Amendment Act 1988 Section 315(1) private road amended 30 March 1985 section 39(1) Local Government Amendment Act 1985 Section 315(1) regional council repealed 1 July 1992 section 34 Local Government Amendment Act 1992 Section 315(1) road amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 315(1) road amended 1 February 1982 section 248(1) Public Works Act 1981 Section 315(1) road amended 1 April 1988 Local Government Amendment Act 1988 Section 315(1) road amended 12 December 1979 section 7(1) Local Government Amendment Act 1979 Section 315(1) scheme plan repealed 1 October 1991 section 362 Resource Management Act 1991 Section 315(1) service lane amended 1 April 1988 Local Government Amendment Act 1988 Section 315(1) survey plan replaced 1 October 1991 section 362 Resource Management Act 1991 Section 315(2) repealed 1 April 1980 section 9(1) Local Government Amendment Act 1979 316: Property in roads 1: Subject to section 318 2: At the request of the New Zealand Transport Agency 3: If a council acts under subsection (2),— a: the property in the State highway vests in the council or in the Crown (as the case may be) without any instrument of transfer; and b: on presentation of an authenticated copy of the relevant resolution, the Registrar-General of Land must alter the register accordingly. 4: In this section the term road a: any government road: b: any State highway or part of a State highway situated in a county or in that part of the district of a district council which before the constitution of the district was or formed part of a county: c: any road in respect of which the Minister of Local Government d: any regional road or part thereof (as defined in Part 22 1954 No 76 s 170(1); 1956 No 64 s 191A(1); 1972 No 132 s 2 Section 316 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 316(2) replaced 7 July 2004 section 4 Local Government Act 1974 Amendment Act 2004 Section 316(2) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 316(3) replaced 7 July 2004 section 4 Local Government Act 1974 Amendment Act 2004 Section 316(4)(c) amended 23 July 1988 Local Government Amendment Act (No 3) 1988 317: Control of roads 1: Subject to section 318 provided that— a: a State highway or part thereof shall be under the control of the council only where the New Zealand Transport Agency section 62 Government Roading Powers Act 1989 b: a government road shall be under the control of the Minister of Transport c: 2: Any powers conferred on the council by this Part may be exercised— a: in relation to any State highway or part thereof, only if that State highway or part is under the control of the council or the exercise of that power by the council has been consented to by the New Zealand Transport Agency b: 1954 No 76 s 170(2); 1956 No 64 s 191A(2); 1972 No 132 s 2 Section 317 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 317(1) proviso paragraph (a) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 317(1) proviso paragraph (a) amended 1 October 1989 section 116(4) Government Roading Powers Act 1989 Section 317(1) proviso paragraph (b) amended 1 April 1988 Local Government Amendment Act 1988 Section 317(1) proviso paragraph (c) repealed 1 July 1992 section 35 Local Government Amendment Act 1992 Section 317(1)(2)(a) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 317(2)(b) repealed 1 July 1992 section 35 Local Government Amendment Act 1992 318: Control and maintenance of boundary roads Section 318 repealed 22 October 2019 section 43 Local Government Act 2002 Amendment Act 2019 318A: Transfer of responsibilities between regional councils and territorial authorities 1: A regional council may transfer 1 or more of its responsibilities under this Part to a territorial authority under section 17 2: A territorial authority may transfer 1 or more of its responsibilities under this Part to a regional council under section 17 3: In this section, responsibility a: a responsibility that has previously been transferred under section 17 b: any powers associated with the responsibility, duty, or legal obligation. Section 318A inserted 22 October 2019 section 42 Local Government Act 2002 Amendment Act 2019 Formation, alteration, stopping, and closing of roads Heading inserted 1 April 1979 section 2 Local Government Amendment Act 1978 319: General powers of councils in respect of roads 1: The council shall have power in respect of roads to do the following things: a: to construct , upgrade b: c: to lay out new roads: d: to divert or alter the course of any road: e: to increase or diminish the width of any road subject to and in accordance with the provisions of the district plan f: to determine what part of a road shall be a carriageway, and what part a footpath or cycle track only: g: to alter the level of any road or any part of any road: h: to stop or close any road or part thereof in the manner and upon the conditions set out in section 342 Schedule 10 i: to make and use a temporary road upon any unoccupied land while any road adjacent thereto is being constructed or repaired: j: to name and to alter the name of any road and to place on any building or erection on or abutting on any road a plate bearing the name of the road: k: to sell the surplus spoil of roads: l: for the purpose of providing access from one road to another, or from one part of a road to another part of the same road, to construct on any road, or on land adjacent to any road, elevators, moving platforms, machinery, and overhead bridges for passengers or other traffic, and such subways, tunnels, shafts, and approaches as are required in connection therewith. 2: Before exercising a power under this section to do anything that will or is likely to interfere with any pipe, line, or other work associated with wastewater or the supply of water, electricity, gas, or telecommunications, the council must give not less than 10 working days' notice in writing of the proposed interference to the owner of the pipe, line, or other work, except in the case of any emergency or danger. 1954 No 76 s 170(4)(a)–(h), (j), (l)–(o); 1956 No 64 s 191A(5)(a)–(h), (j), (l)–(o); 1972 No 132 s 2 Section 319 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 319(a) amended 30 March 1985 section 39(1) Local Government Amendment Act 1985 Section 319(b) repealed 30 March 1985 section 39(1) Local Government Amendment Act 1985 Section 319(e) amended 1 October 1991 section 362 Resource Management Act 1991 Section 319(2) inserted 6 August 2010 section 27 Infrastructure (Amendments Relating to Utilities Access) Act 2010 319A: Naming of roads If the council names any road for the first time, or alters the name of a road, the council must as soon as practicable send a copy of the relevant resolution to the Registrar-General of Land and the Surveyor-General. Section 319A replaced 7 July 2004 section 5 Local Government Act 1974 Amendment Act 2004 319B: Allocation of property numbers 1: For electoral, postal, and other purposes the council may allocate a number to any area of land or building or part of a building within its district and may change the number allocated to any such area of land or building. 2: The council shall comply with any request from a Chief Surveyor to allocate a number to or change the number of any area of land or building or part of a building in its district. 3: The principal administrative officer shall advise the Chief Surveyor of the land district in which the land or building is situated of the numbers allocated under subsection (1) or subsection (2) Section 319B inserted 30 March 1985 section 29 Local Government Amendment Act 1985 320: Powers relating to roads Section 320 repealed 7 July 2004 section 6 Local Government Act 1974 Amendment Act 2004 321: Road access Section 321 repealed 1 August 2003 section 98(1) Resource Management Amendment Act 2003 321A: Roading contributions as condition of approval of scheme plan Section 321A repealed 1 October 1991 section 362 Resource Management Act 1991 322: Land for road formation or widening Section 322 repealed 1 October 1991 section 362 Resource Management Act 1991 323: Unformed roads in the district 1: Where the land comprising any unformed road existing at the commencement of this Part was immediately before the commencement of this Part vested in the Corporation of the district by section 191A(1) of the Counties Act 1956, the Minister of Lands may, by notice in writing to the council given at any time while the land, or, as the case may be, the part thereof specified in the notice, continues to be an unformed road, require the council to transfer that land or that specified part thereof to the Crown without consideration, and the council shall transfer it to the Crown accordingly. 2: On the publication in the Gazette subsection (1) Land Act 1948 1956 No 64 s 191B; 1972 No 132 s 2 Section 323 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 324: Council may contribute to cost of formation, maintenance, etc, of roads outside the district 1: The council may from time to time contribute from the general revenues of the district towards the funds of the council of any adjoining district for the purpose of the formation, maintenance, repair, widening, or upgrading 2: Any regional or united council may from time to time contribute towards the funds of any constituent authority for the purpose of the formation, maintenance, repair, widening, or upgrading 1954 No 76 s 171; 1956 No 64 s 193 Section 324 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 324(1) amended 30 March 1985 section 39(1) Local Government Amendment Act 1985 Section 324(2) amended 30 March 1985 section 39(1) Local Government Amendment Act 1985 324A: Power to carry out works on Maori roadway 1: The council may from time to time— a: maintain, repair, or improve any roadway laid out in the district in accordance with Part 14 b: contribute towards the cost of maintaining, repairing, widening, or improving any roadway of the kind described in paragraph (a). 2: The council shall, before exercising in respect of any roadway, any of the powers conferred on it by subsection (1), obtain the written consent of— a: the owners of the land comprising that roadway; and b: the owners of the land adjoining that roadway if those owners are not the owners of the land comprising the roadway. 3: In any case where the owners of land comprising or adjoining a roadway laid out pursuant to Part 14 subsection (2) Part 10 4: The Maori Land Court shall deal with any application made pursuant to subsection (3) as if a notice under an enactment had been issued to the owners. Section 324A inserted 6 June 1989 section 31 Local Government Amendment Act (No 2) 1989 Section 324A(1)(a) amended 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993 Section 324A(3) amended 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993 325: Road widths Section 235 expired 1 January 1993 326: Betterment arising from creation or widening of a road 1: Notwithstanding anything in section 62(1)(f) a: the council— i: forms a new road in the district; or ii: widens any existing road or part thereof in the district; and b: for that purpose the council takes or purchases or otherwise acquires any part of any land and the other part of that land c: by reason of the formation the Public Works Act 1981 the owner shall pay the amount of that excess to the council by way of betterment to the remaining part of his land. 2: Where an existing road is widened and land from only one side of the road is taken or purchased or otherwise acquired for that purpose, every owner of land with a frontage to the other side of the road shall, if so required by the council, pay to the council on account of betterment such sum of money as represents the increased value thereby given, or likely to be given, to his land. Where only part or parts of a road are widened, only those owners of land with frontages directly opposite the part or parts being widened may be required to pay betterment pursuant to this subsection. 3: Any claim for payment of betterment under subsection (1) or subsection (2) shall be made within 1 year from the execution of the work out of which it arose, and shall be made in form 1 in Schedule 12 the Public Works Act 1981 4: Any or all claims arising out of the widening of any road or part thereof may, with the consent in writing of all parties, be heard and determined together, and the Land Valuation Tribunal shall have power, on the application of any party, to order that all or any claims under this section in respect of land in which several persons have interest shall be heard and determined together and to apportion the amount awarded on account of betterment and the costs of proceedings against the several persons, in such proportions and in such manner as it thinks fit. 5: Any person liable may, if he so desires, pay the amount awarded to be payable by him, with interest at a rate per annum as fixed by the council, by equal half-yearly instalments extending over a period of 20  years or less, in which case he shall— a: within 14 days after the date of the award, give notice in writing to the principal administrative officer b: within 1 month after the date of the award, execute and deliver to the principal administrative officer Schedule 12 and thereupon the respondent shall have the right to pay that amount by instalments as set forth in the notice and memorandum of charge as aforesaid. 6: 7: The memorandum of charge shall, when registered, bind the property therein described, and operate as a first charge upon the estate or interest therein of the respondent, and rank in priority to all estates, encumbrances, and interests created by him or any of his predecessors in title. 8: Any such charge may be registered without fee in the Land Registry Office or in the Deeds Register Office of the land registration district wherein the land affected thereby is situate. 9: Notwithstanding anything to the contrary in any such charge, the council shall accept payment of the whole of the unpaid instalments secured by any such memorandum of charge at any time when the same is tendered, and for the purpose of any such tender interest shall be calculated and paid up to and including the day of tender. 10: A receipt expressed to be in full for all money secured by any such memorandum, signed by the principal administrative officer 11: Money received by the council under this section as betterment shall be credited against the cost of the formation formation 12: In this section the term road 1954 No 76 s 192; 1956 No 64 s 191H; 1968 No 123 s 17(1), (2)(a); 1971 No 62 s 21; 1972 No 132 s 2 Section 326 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 326(1) amended 1 February 1982 section 248(1) Public Works Act 1981 Section 326(1)(b) amended 19 January 1981 section 38 Local Government Amendment Act 1980 Section 326(1)(c) amended 30 March 1985 section 39(1) Local Government Amendment Act 1985 Section 326(1)(c) amended 1 February 1982 section 248(1) Public Works Act 1981 Section 326(3) amended 1 February 1982 section 248(1) Public Works Act 1981 Section 326(5)(a) amended 19 January 1981 section 2(2) Local Government Amendment Act 1980 Section 326(5)(b) amended 19 January 1981 section 2(2) Local Government Amendment Act 1980 Section 326(6) repealed 1 July 1998 section 10(1) Local Government Amendment Act (No 3) 1996 Section 326(10) amended 19 January 1981 section 2(2) Local Government Amendment Act 1980 Section 326(11) amended 30 March 1985 section 39(1) Local Government Amendment Act 1985 327: Building-line restrictions Section 327 repealed 1 October 1991 section 362 Resource Management Act 1991 327A: Building-line restrictions Where a building-line restriction has been imposed under this Act or any former enactment, and the council subsequently determines that the building-line restriction be cancelled, the council shall send notice of cancellation to the Registrar-General of Land Section 327A inserted 1 October 1991 section 362 Resource Management Act 1991 Section 327A amended 12 November 2018 section 250 Land Transfer Act 2017 328: Building-line restrictions provided in district scheme Section 328 repealed 1 October 1991 section 362 Resource Management Act 1991 329: Road gradients 1: No road shall be laid out or constructed by the council, and no road or proposed road on any scheme plan shall be approved by the council, with a grade in any part of its length steeper than— a: that fixed by any operative district scheme for the district; or b: where there is no such district scheme or no such grade is specified in any such district scheme, that fixed by any bylaw or resolution of c: 1 metre in 8 metres, in any case where that grade is not fixed by any such district scheme or by any bylaw or resolution of the council 2: In this section the term road 1954 No 76 s 170(3); 1956 No 64 s 191A(4); 1972 No 132 s 2 Section 329 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 329(1)(b) amended 7 July 2004 section 7(1) Local Government Act 1974 Amendment Act 2004 Section 329(1)(c) amended 7 July 2004 section 7(2) Local Government Act 1974 Amendment Act 2004 330: Road levels 1: The council may, if it thinks fit, make a map of the district or any specified portion thereof showing all roads therein with the levels thereof. Any map so made may be amended from time to time, and shall be open for public inspection at all reasonable hours at the office of the council. 2: All buildings erected in any part of the district for which a map has been made as aforesaid, shall be constructed with proper regard to the levels shown on the map. 3: Any person who erects any building abutting on a road without regard to the level of the road shall be liable to pay to the council any expenses incurred by the council in altering the level of the road adjacent to the building. 4: The council may at any time, either before or after the making of any such map, fix the level of any road, subject to the conditions set out in Schedule 13 provided that where no building or land appurtenant thereto fronts upon any road the conditions numbered 1 to 5 in that schedule need not apply. 5: Where a road crosses the boundary of a district or meets another road on such a boundary, the level of the road at the point of crossing or meeting shall not be altered without the agreement of both councils controlling the respective roads. 6: It shall be lawful for the council to throw the batter or make the slope of any road (not being a private road) upon any land, subject to the payment of compensation, to be claimed and ascertained under the Public Works Act 1981 7: No compensation shall be payable by the council in respect of an alteration in the level of any road, unless the alteration has been made after that level has been fixed under this Act or the corresponding provisions of any former Act, or after the road has been constructed in some permanent manner by any local authority having the power to do so. 8: In this section, unless the context otherwise requires, the term road 1928 No 21 s 123; 1954 No 76 ss 170(4)(g), 193–198; 1956 No 64 ss 191A(5)(g), 200–205; 1972 No 132 s 2 Section 330 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 330(6) amended 1 February 1982 section 248(1) Public Works Act 1981 331: Footpaths and channels 1: or upgrade 2: In forming or reforming any road or part thereof (not being a road in a rural area), the council shall ensure that reasonable and adequate provision is made for the kerb and channel of any footpath or part thereof to be formed or reformed so as to permit safe and easy passage from kerb to kerb of any mechanical conveyance normally and lawfully used by a disabled person. 3: However, the Director of Land Transport (appointed under section 104A 1954 No 76 s 178; 1956 No 64 s 198(1), (3); 1972 No 132 s 3; 1975 No 122 s 24 Section 331 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 331(1) amended 1 October 1991 section 362 Resource Management Act 1991 Section 331(1) amended 30 March 1985 section 39(1) Local Government Amendment Act 1985 Section 331(2) proviso repealed 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 331(3) inserted 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 332: Cycle tracks 1: The council may on any road, or on any land vested in or under the control of the council, form a public cycle track, and may make bylaws under section 684 2: For the purpose of constructing any cycle track, the council may take, purchase, or otherwise acquire land in accordance with the provisions of this Act. 3: In this section the term road 1948 No 39 s 23; 1954 No 76 s 176(1); 1956 No 64 s 197 Section 332 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 332(1) amended 1 April 1980 section 8(1) Local Government Amendment Act 1979 333: Dividing strips, etc 1: The council may on any road construct, erect, or grow thereon or remove therefrom, such barriers, dividing strips, guiding or sign posts, pillars or other markers, trees, hedges, lawns, gardens, and other devices as are, in the opinion of the council, necessary for separating, guiding, or warning traffic, intercepting glare, or for any other purpose. 2: The council may on any road construct for road safety purposes, and alter or remove therefrom, any segregation strip for the purpose of segregating from the roadway any land having a frontage to the road: provided that no such segregation strip shall be constructed or altered so as to unreasonably prevent access to any land having a frontage to the road: provided also that for the purposes of this Act and of any other Act, any land having a frontage to the road before the construction of a segregation strip shall be deemed to continue to have that frontage, notwithstanding the existence of the segregation strip. 1948 No 39 s 22 Section 333 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 334: Erection of monuments, etc, and provision of facilities on or under roads 1: The council may— a: construct and enclose any part of a road as a pedestrian safety area: b: lay out or plant grass plots or flower beds or trees on any road, and prohibit traffic, in whole or in part, on any such plots and flower beds laid out in roads (whether laid out before or after the commencement of this Part) by or under the authority of the council: c: erect on any road a monument, statue, or other such erection: d: construct or provide on, over, or under any road facilities for the safety, health, or convenience of the public, or for the control of traffic or the enforcement of traffic laws: provided that no such construction, erection, laying out, or planting shall be carried out, unless in the opinion of the council the construction, erection, laying out, or planting will not unduly impede vehicular traffic entering or using the road (not being a road or part of a road that has been declared a pedestrian mall under section 336 2: For the purposes of any resolution or bylaw of the council, anything constructed or provided under the authority of the council shall be deemed to be sufficiently described if the road in which it is constructed or provided and its approximate locality in that road are specified in the bylaw or resolution. 1954 No 76 s 170(4)(k), (6); 1956 No 64 s 191A(5)(k), (7); 1972 No 132 s 2 Section 334 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 334(1) proviso amended 7 July 2004 section 8 Local Government Act 1974 Amendment Act 2004 334A: Council may light roads, etc 1: A council may do all things necessary to light with any form of energy roads, private roads, public places, and (with the consent of the owner) private ways in the district. 2: In the exercise of the powers conferred by subsection (1), the council may— a: acquire or construct or reconstruct, purchase, extend, enlarge, and maintain all buildings, machinery, works, and plant necessary to light roads, private roads, public places, and (with the consent of the owner) private ways in the district: b: contract for a supply of energy on such terms and conditions as it thinks fit: c: erect poles with all requisite fittings thereto in the roads, private roads, public places, and (with the consent of the owner) private ways in the district, subject, in the case of roads, private roads, and public places not under the control of the council, to Schedule 14 d: lay cables and pipes under or over the roads, private roads, public places, and private ways in the district, subject in the case of roads, private roads, and public places not under the control of the council, and in the case of private ways, to Schedule 14 e: alter any drains or water pipes thereunder in such manner as may be necessary, but not so as to injuriously affect the same: f: do all things necessary to keep works and everything appertaining to the lighting of roads, private roads, public places, and (with the consent of the owner) private ways in the district in good repair. 3: A council may— a: contract with any other body or person to light the roads, private roads, public places, and (with the consent of the owner) private ways within the district with any form of energy; and b: in that contract, authorise the body or person acting under the contract to exercise all or any of the powers conferred upon the council by this section, so far as this section is applicable to the construction and maintenance of the works necessary for effecting that lighting. Section 334A inserted 7 October 1994 section 89(1) Energy Companies Act 1992 335: Vehicle crossings 1: Where vehicles are being taken or, in the opinion of the council, are likely to be taken, on to or from any land across any footpath on any road or any water channel on or adjoining any road otherwise than by means of a crossing properly constructed under the provisions of any bylaw made by the council, the principal administrative officer 2: Within 28 days after the service of the notice, the occupier or owner, as the case may be, may object in writing to the council against the requirements of the notice, and the notice shall thereupon be deemed to be suspended pending the determination of the objection or, where application is made to the court to confirm the notice, pending the decision of the court. 3: Where any such objection is received by the council, the council shall forthwith inquire into and dispose of the objection. 4: Where on inquiry into the objection the council reaffirms its requirements, the council shall apply to the District Court 5: On the hearing of the application, the court, whose decision shall be final, may— a: confirm the notice; or b: confirm the notice subject to a reduction in the sum payable to the council by the occupier or owner, as the case may be; or c: set aside the notice. 6: Where— a: in any case in which no such objection is made, the occupier or owner, as the case may be, fails to pay to the council the sum specified in the notice within 42 days after the service of the notice; or b: in any case in which objection is made, the notice is confirmed by the court (whether with or without any reduction in the sum payable to the council), and the occupier or owner, as the case may be, fails to pay to the council the sum specified in the notice, or, as the case may be, the sum specified in the order of the court, within 14 days after the giving of the decision of the court,— the council may construct the crossing and recover the cost from him. 7: The said cost shall be recoverable by the council as a debt from the occupier or owner, as the case may be, and, where it is recoverable from the owner, shall be a charge on the land. 8: Where any sum of money is paid to the council by any occupier or owner pursuant to this section, the council shall refund that sum to the occupier or owner if the crossing is not completed by the council within 6 months after the date of the payment. 9: Where the council is satisfied that any crossing on to any land is redundant or is in excess of the reasonable requirements of the occupier, or, where there is no occupier, the owner, the principal administrative officer 10: In this section the term road 1954 No 76 s 178A; 1956 No 64 s 199C; 1964 No 119 s 12; 1971 No 62 s 18; 1972 No 132 s 5 Section 335 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 335(1) amended 19 January 1981 section 2(2) Local Government Amendment Act 1980 Section 335(4) amended 1 March 2017 section 261 District Court Act 2016 Section 335(9) amended 19 January 1981 section 2(2) Local Government Amendment Act 1980 336: Pedestrian malls 1: A council may, by using the special consultative procedure,— a: declare a specified road or part of a specified road to be a pedestrian mall; and b: prohibit or restrict the driving, riding, or parking of any vehicle, or the riding of any animal, on all or any portion of the pedestrian mall either— i: generally; or ii: during particular hours. 2: A declaration— a: may include exemptions and conditions; and b: does not take effect until— i: the time for appealing under subsection (3) has expired; and ii: any appeals have been determined under subsection (4) 3: Any person may, within 1 month after the making of a declaration, or within such further time as the Environment Court may allow, appeal to the Environment Court against the declaration. 4: The appeal must be made and determined by the Environment Court in accordance with the Resource Management Act 1991 5: The decision of the Environment Court under subsection (4) is final. 6: Subsections (2)(b) and (3) to (5) do not apply to a declaration that gives effect to the provisions of an operative district plan under the Resource Management Act 1991 7: Every person commits an offence who drives, rides, or parks any vehicle or rides any animal, or causes or permits any vehicle to be driven, ridden, or parked or any animal to be ridden, in contravention of a declaration (including a declaration modified by the Environment Court). 8: A declaration (including a modified declaration) may be revoked or varied by a subsequent declaration using the procedure in subsection (1), and that subsection applies with all necessary modifications. 9: When the special consultative procedure is used for the purposes of subsection (1), the council must, in addition to the matters referred to in section 83(1)(b)(i) to (iii) 10: In this section,— parking road vehicle section 2(1) Section 336 replaced 7 July 2004 section 9 Local Government Act 1974 Amendment Act 2004 Section 336(9) replaced 21 March 2019 section 12 Local Government Regulatory Systems Amendment Act 2019 337: Alteration of pipes and drains The council may, by notice in writing, require the owner of any pipe, drain, or other apparatus of any kind on or under a road to raise, lower, or otherwise alter the same as the council directs, and if that alteration is not made within a reasonable time the council may make the same as it thinks fit; but, subject to the provisions of any other Act or to any agreement between the council and the person affected, the cost of any such alteration and any damage occasioned thereby shall be paid by and may be recovered from the council by any person affected. 1954 No 76 s 174; 1956 No 64 s 195 Section 337 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 338: Council may grant right to lay 1: Subject to section 357 or biofuel 2: The grant of any such right or easement shall be subject to the payment of such rent, and to the observance of such conditions as to size, construction, repair, and maintenance of the conduit pipes, and as to repair of any road or private road or private way under or along which they are laid, as the council thinks fit. 1954 No 76 s 200; 1956 No 64 s 207 Section 338 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 338 heading amended 1 October 2008 section 19(1) Local Government Act 1974 Amendment Act 2008 Section 338(1) amended 1 October 2008 section 19(2) Local Government Act 1974 Amendment Act 2008 Section 338(1) amended 7 July 2004 section 10 Local Government Act 1974 Amendment Act 2004 339: Transport shelters 1: The council may erect on the footpath of any road a shelter for use by intending public-transport passengers or small passenger service vehicle passengers provided that no such shelter may be erected so as to unreasonably prevent access to any land having a frontage to the road. 2: The council shall give notice in writing of its proposal to erect any shelter under this section to the occupier and, if he is not also the owner, to the owner of any land the frontage of which is likely to be injuriously affected by the erection of the shelter, and shall not proceed with the erection of the shelter until after the expiration of the time for objecting against the proposal or, in the event of an objection, until after the objection has been determined. 3: Within 14 days after the service of the notice, the occupier or owner, as the case may be, may object in writing to the council against the proposal. 4: Where any person objects to the proposal in accordance with subsection (3), the council shall appoint a day for considering the objection and shall give notice to the objector of the time when and place where the objection is to be heard. Any such time shall be not earlier than 7 days after the date on which the notice of objection was received at the office of the council. 5: The council shall, at the time and place stated in the notice referred to in subsection (4), consider the objection, and after hearing any submissions made by or on behalf of the objector, may either dismiss the objection or decide not to proceed with the proposal or make such modifications to the proposal to which the objection relates as it thinks fit. The hearing of any such objection may be adjourned from time to time and from place to place. 6: Where there are more objectors than 1, the council shall, as far as practicable, hear all objections together and give each objector an opportunity of considering and being heard in respect of all other objections. 7: No resolution under this section shall be passed until the council has considered all the objections of which notice has been given in accordance with this section. 8: In this section the term road 1954 No 76 s 177A; 1956 No 64 s 199A; 1959 No 91 s 16; 1971 No 63 s 20 Section 339 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 339(1) amended 1 October 2017 section 110(3) Land Transport Amendment Act 2017 340: Motor garages 1: Subject to the Resource Management Act 1991 2: Every such permit may be at any time cancelled by the council. Within 1 month after the date of the cancellation, or within such extended time as the council may in any case allow, the owner shall remove the garage and shall not be entitled to any compensation in respect thereof. 3: If the owner fails to remove the garage within the time specified, the council may remove it at his expense, and recover the cost thereof from that owner as a debt. 4: Every permit granted under section 132 of the Public Works Act 1928 and in force at the commencement of this Part shall continue in force after the commencement of this Part as if it had been granted under this section. 1928 No 21 s 132; 1948 No 39 s 28; 1953 No 91 s 52(1); 1954 No 76 s 178B; 1955 No 59 s 7; 1956 No 64 s 198F; 1961 No 131 s 41 Section 340 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 340(1) amended 1 October 1991 section 362 Resource Management Act 1991 341: Leases of airspace or subsoil of roads 1: Subject to section 357(2) a: grant a lease to any person of the airspace or any part of the airspace above the surface of any road; or b: grant a lease to any person of the subsoil or any part of the subsoil beneath the surface of any road: provided that no such lease shall be granted for any purpose that would be in contravention of any provision of the Resource Management Act 1991 provided also that, in exercising the powers conferred by this subsection in relation to any airspace, the council shall ensure that sufficient airspace remains above the surface of the road for the free and unobstructed passage of vehicles and pedestrians lawfully using the road. 2: Any improvements erected or constructed in any airspace or in any subsoil pursuant to a lease under this section shall be deemed to be rateable land for the purposes of the Local Government (Rating) Act 2002 3: Nothing in this section shall be construed so as to restrict any right a council may have to permit any person to use for a temporary period any part of the surface or of the airspace above the surface of any road. 4: The council may grant a lease to any person under subsection (1) for the purpose of the erection or construction and maintenance of a pedestrian or vehicular bridge or tunnel or subway connecting any land or building on one side of the road with any land or building on the other side upon such terms and conditions as it thinks fit. 5: The Public Bodies Leases Act 1969 1954 No 76 s 170C; 1956 No 64 s 198H; 1971 No 62 s 16; 1972 No 132 s 4 Section 341 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 341(1) first proviso replaced 1 October 1991 section 362 Resource Management Act 1991 Section 341(2) amended 1 July 2003 section 138(1) Local Government (Rating) Act 2002 Section 341(2) amended 1 July 2003 section 143(1)(c) Local Government (Rating) Act 2002 341A: Contribution to cost of railway, subway, or bridge 1: A controlling authority or local authority, or any 2 or more of those authorities, may agree with an infrastructure owner to— a: the construction and maintenance by the infrastructure owner of a subway under, or a bridge over, a railway, or a railway bridge over a road, that is within the district of the controlling authority or local authority; and b: the payment by the controlling authority or local authority of the whole or part of the cost of that construction and maintenance. 2: An agreement may be entered into with respect to any existing or proposed subway or bridge. 3: A controlling authority or local authority that is authorised by this section to pay in whole or in part the cost of the construction of a subway, bridge, or railway bridge may agree with an infrastructure owner (and is deemed to always have had the power to agree) that— a: the payment must be made by instalments extending over a period of not more than 10 years; and b: interest at a rate agreed on (if any) must be paid on any unpaid balance of that cost. 4: Every controlling authority and local authority has all the powers that are reasonably necessary or expedient to enable them to carry out functions or duties conferred or imposed under section 83 5: In this section, infrastructure owner section 4(1) 1992 No 111 s 10 Section 341A inserted 20 July 2005 section 103(3) Railways Act 2005 342: Stopping and closing of roads 1: The council may, in the manner provided in Schedule 10 a: stop any road or part thereof in the district: provided that the council b: close any road to traffic or any specified type of traffic (including pedestrian traffic) on a temporary basis in accordance with that schedule and impose or permit the imposition of charges as provided for in that schedule. 2: 1954 No 76 s 170(4)(h), (i); 1956 No 64 s 191A(5)(h), (i); 1972 No 132 s 2 Section 342 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 342(1)(a) proviso amended 26 March 2015 section 4 Local Government Act 1974 Amendment Act 2015 Section 342(1)(b) replaced 14 August 1986 section 9(1) Local Government Amendment Act (No 3) 1986 Section 342(2) repealed 14 August 1986 section 9(2) Local Government Amendment Act (No 3) 1986 342A: Temporary closing of roads by Police Section 342A repealed 1 October 2008 section 130(1) Policing Act 2008 343: Consumption or possession of intoxicating liquor in roads closed for public function or gathering Section 343 repealed 14 December 1984 Local Government Amendment Act 1984 344: Gates and cattle stops across roads 1: The council may, in writing, permit the erection of a swing gate or a cattle stop or both across any road, where— a: in the council's opinion it is not practicable or reasonable to fence the road; or b: by agreement the road has been taken or may be constructed through private lands and the owner or occupier requests that a gate or a cattle stop or both be erected on the outer boundary at the cost (including maintenance) of one or both parties as may be agreed. 2: Where a gate is erected across a road under subsection (1), a board with the words Public Road 3: Where a gate or cattle stop across any road is considered redundant or an inconvenience, either by the council or by a petition supported by 20 or more residents of the district, the council may serve notice upon the person authorised to erect the gate or cattle stop of the council's intention to remove it. 4: Within 14 days after the service on any person of a notice pursuant to subsection (3), he may object, in writing to the council, against its intention to remove the gate or cattle stop. 5: Not later than 14 days after receiving any such objection, the council shall consider it, and, after hearing any submissions made by the objector or on his behalf, the council may dismiss the objection or decide not to proceed to remove the gate or cattle stop or make such modifications to its proposal as it thinks fit. 6: The erection across any road of any gate or cattle stop shall not be commenced unless and until plans of the gate or cattle stop have been submitted to and approved by the council. The council may make such alterations in or additions to any plans submitted to it as it thinks fit, and may require the erection of such protective or warning devices as it considers necessary; and the gate or cattle stop shall be erected in accordance with the plans and requirements and in such position as the council directs. 7: The Minister of Transport may from time to time, by notice in the Gazette 8: The person by whom any swing gate or cattle stop has been erected pursuant to a permit granted under this section, and his successors in title, shall maintain the swing gate or cattle stop to the satisfaction of the council. 9: Without limiting the power to make bylaws conferred on the council by section 684 10: Neither the Crown nor the Minister of Transport 11: The power conferred by this section to erect and maintain any swing gate or cattle stop on any road shall be deemed to include power to fence the road up to that gate or cattle stop and to maintain that fence, and every reference in this section to a swing gate cattle stop 12: This section shall apply with respect to every gate or cattle stop and fence lawfully erected across any road at the commencement of this Part pursuant to a permit granted under section 141 or section 142 or section 144 of the Public Works Act 1928 or section 11 of the Public Works Amendment Act 1935, as if it had been erected pursuant to a permit granted under this section. 13: The Gates and Cattle Stops Order 1955 1928 No 12 ss 141–146; 1935 No 27 s 11; 1948 No 39 s 31(2) Section 344 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 344(7) replaced 1 April 1988 Local Government Amendment Act 1988 Section 344(9) amended 1 April 1980 section 10(4) Local Government Amendment Act 1979 Section 344(10) amended 1 April 1988 Local Government Amendment Act 1988 345: Disposal of land not required for road 1: Subject to subsection (3), where in forming a new road, or in diverting or stopping or diminishing the width of any existing road, any part thereof is no longer required as a road, the council may— a: either— i: sell that part to the owner or owners of any adjoining land for a price to be fixed by a competent valuer appointed by the council to value that part; or ii: grant a lease of that part to the owner or owners of any adjoining land for a term and at a rental and subject to such conditions as the council thinks fit;— and, if no such owner or owners is or are willing to purchase the land at the price fixed or, as the case may be, take a lease of that part for the term and at the rental and subject to the conditions fixed, the council may b: apply that part, or any part thereof, to any purpose to which the council may apply land, either under this Act or any other enactment; or c: grant a lease of that part, or any part thereof, for such term and on such conditions as it thinks fit for use for any purpose to which the council may apply land, either under this Act or any other enactment; or d: transfer that part, or any part thereof, to the Crown for a public reserve or for addition to a public reserve or for any purpose of public convenience or utility or as Crown land subject to the Land Act 1948 1A: To avoid doubt, this section does not apply to the common marine and coastal area within the meaning of the Marine and Coastal Area (Takutai Moana) Act 2011 2: If the council pursuant to subsection (1)⁠(a)⁠(i) sells the land to the owner or owners of any adjoining land, it may require, despite the provisions of any other enactment, the amalgamation of that land with the adjoining land under 1 record of title. The Registrar-General of Land may, if he or she thinks fit, dispense with any survey that would otherwise be required for the purposes of the issue of a record of title under this section, and may issue a record of title qualified as described in section 17(1)(a) 2A: Where the council acting under subsection (2) requires the amalgamation of the land sold with the adjoining land under 1 record of title a: the separate parcels of land included in the 1 record of title records of title b: where that adjoining land is already subject to a registered instrument under which a power to sell, a right of renewal, or a right or obligation is lawfully conferred or imposed, the land sold shall be deemed to be and always have been part of the land that is subject to that instrument, and all rights and obligations in respect of, and encumbrances on that adjoining land shall be deemed also to be rights and obligations in respect of, or encumbrances on, that land sold. 2B: On the issue of a record of title Registrar-General of Land record of title 3: Where any road or any part of a road along the mark of mean high water springs of the sea, or along the bank of any river with an average width of 3 metres or more, or the margin of any lake with an area of 8 hectares or more is stopped, there shall become vested in the council as an esplanade reserve (as defined in section 2(1) section 229 a: a strip of land forming part of the land that ceases to be road not less than 20 metres wide along the mark of mean high water springs of the sea, or along the bank of any river or the margin of any lake (as the case may be); or b: the full width of the land which ceases to be road— whichever is the lesser. 4: The obligation under subsection (3) to set aside a strip of land not less than 20 metres in width as an esplanade reserve is subject to any rule included in a district plan under section 77 5: On the issue of any record of title subsection (3) Registrar-General of Land 6: 1954 No 76 s 190; 1956 No 64 s 191F; 1972 No 132 s 2; 1977 No 134 s 2 Section 345 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 345(1)(a) amended 7 July 2004 section 11 Local Government Act 1974 Amendment Act 2004 Section 345(1A) replaced 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 345(2) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 345(2A) inserted 14 January 1983 Local Government Amendment Act (No 2) 1982 Section 345(2A) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 345(2A)(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 345(2B) inserted 14 January 1983 Local Government Amendment Act (No 2) 1982 Section 345(2B) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 345(3) replaced 7 July 1993 section 362 Resource Management Act 1991 Section 345(4) replaced 7 July 1993 section 362 Resource Management Act 1991 Section 345(5) replaced 7 July 1993 section 362 Resource Management Act 1991 Section 345(5) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 345(6) repealed 7 July 1993 section 362 Resource Management Act 1991 Limited access roads Heading inserted 1 April 1979 section 2 Local Government Amendment Act 1978 346: Interpretation In sections 346A to 346J limited access road section 346A road Section 346 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 346A: Declaration and revocation of limited access roads 1: The council may 2: The council may 1954 No 76 s 170B(1); 1970 No 89 s 4 Section 346A inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 346A(1) amended 7 July 2004 section 12 Local Government Act 1974 Amendment Act 2004 Section 346A(2) amended 7 July 2004 section 12 Local Government Act 1974 Amendment Act 2004 346B: Provisions of Acts relating to roads to apply to limited access roads Subject to sections 346C to 346J 1954 No 76 s 170B(3); 1970 No 89 s 4 Section 346B inserted 1 April 1979 section 2 Local Government Amendment Act 1978 346C: Requirements of declaration of limited access road The following provisions shall apply in respect of the declaration under section 346A(1) a: every such declaration shall refer to a plan showing— i: the road or part thereof to which the declaration relates: ii: any crossing places to be authorised: iii: the boundaries of all road frontages of each parcel of land adjoining the road or part thereof to which the declaration relates: iv: the boundaries of all other types (if any) of legal access (whether roads, private roads, private ways, rights of way, or any other types whatsoever) connecting the road or part thereof to any other parcel of land: v: the title references to every parcel of land to which subparagraph (iii) or subparagraph (iv) applies: b: every such declaration shall indicate where the plan is held and may be inspected: c: the council shall forward to the Registrar-General of Land section 346D(3) every parcel of land that is affected by that limited access road, either by reason of the parcel of land adjoining the limited access road or by reason of the legal access of the parcel of land to any other road being lost or adversely affected as a result of the creation of the limited access road; Registrar-General of Land d: the council shall cause a copy of the certificate to be served on the owner and the occupier (if he is not also the owner) of any land to which the declaration relates, so far as they can be ascertained. 1954 No 76 s 170B(9); 1970 No 89 s 4 Section 346C inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 346C(c) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 346C(c) amended 12 December 1979 section 7(1) Local Government Amendment Act 1979 346D: Access to and from land 1: Each parcel of land that adjoins or has legal access to a limited access road and that does not have reasonably practicable alternative legal access to some other road that is not a limited access road, shall be entitled to 1 crossing place at which vehicles are permitted to proceed to and from the limited access road from and to the parcel of land. The location of that crossing place shall be specified by the council from time to time by notice issued to the owner under section 346E 2: No road, or part thereof, shall be declared a limited access road, unless the council, in any case where it considers it inexpedient to authorise any sufficient specified crossing place as aforesaid, purchases or takes under the Public Works Act 1981 3: In this section and in section 346E parcel of land provided that the council may, by resolution, declare— a: 2 or more adjoining parcels of land, while remaining in 1 ownership; and b: all parcels of land included in 1 unit title plan deposited in accordance with the Unit Titles Act 2010 to be a single parcel of land for the purposes of this section and of section 346E 1954 No 76 s 170B(4); 1970 No 89 s 4 Section 346D inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 346D(2) amended 1 February 1982 section 248(1) Public Works Act 1981 Section 346D(3)(b) amended 20 June 2011 section 233(1) Unit Titles Act 2010 346E: Authorisation of crossing places The council may from time to time— a: by notice to the owner of the parcel of land affected,— i: authorise, subject to such conditions (if any) as it may specify, any crossing place (whether formed or not) at which vehicles may proceed to and from any limited access road from and to that parcel of land: ii: specify the location of any authorised crossing place: iii: cancel any such authorisation or specified location if the parcel of land has reasonably practicable legal access to some other road that is not a limited access road or has another authorised crossing place: iv: cancel or vary all or any conditions imposed under this section or impose further conditions or vary the location of any authorised crossing place: b: construct any road that it may be expedient to construct to give access, whether additional or not, to any land adjoining or near the limited access road. 1954 No 76 s 170B(4); 1970 No 89 s 4 Section 346E inserted 1 April 1979 section 2 Local Government Amendment Act 1978 346F: Restricting movement to or from a limited access road Without restricting any provision of any other Act, it is hereby declared that no person shall drive or move any vehicle or animal, or permit any vehicle or animal to be driven or moved, onto or from any limited access road, except— a: at a motorway or road from which vehicles or animals, as the case may be, might lawfully be driven or moved onto the limited access road or part thereof immediately before its declaration as a limited access road; or b: at a motorway or road from which vehicular or animal access to the limited access road has been authorised by the council and subject to such conditions as the council approves and publicly notifies; or c: at a crossing place authorised and specified by the council and subject to such conditions as are for the time being imposed by the council in accordance with section 346D section 346E 1954 No 76 s 170B(5); 1970 No 89 s 4 Section 346F inserted 1 April 1979 section 2 Local Government Amendment Act 1978 346G: Limited access road not a road for purpose of subdivision or sale 1: Where any provision of this Act or any other Act makes any person's right to erect or use a building of any kind on any land, or to subdivide or sell any land, conditional upon the land having a frontage or vehicle access to a road, or in any other way conditional upon the existence of a road, then, for the purposes of that provision, a limited access road shall be deemed not to be a road, except for such purpose, to such extent, and on such conditions, as may be notified from time to time by the council to the Registrar-General of Land 2: Any person aggrieved at— a: the refusal of the council to issue a notice to the Registrar-General of Land b: any condition subject to which any such notice is issued— may object in writing to the Environment Court Environment Court and the objection shall be made and determined by the Environment Court Resource Management Act 1991 3: Subject to section 299 Environment Court 1954 No 76 s 170B(6); 1970 No 89 s 4 Section 346G inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 346G(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 346G(2) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 346G(2) amended 1 October 1991 section 362 Resource Management Act 1991 Section 346G(2)(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 346G(3) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 346G(3) amended 1 October 1991 section 362 Resource Management Act 1991 346H: Certificate of land affected to be forwarded to Registrar-General of Land 1: Where any road is declared to be a limited access road under section 346A Registrar-General of Land Registrar-General of Land 2: Where the council revokes the status as a limited access road of any road or part thereof, the council shall forward to the Registrar-General of Land Registrar-General of Land 3: The council shall also cause a copy of that certificate to be served on the owner and the occupier (if he is not also the owner) of every parcel of land affected by the revocation, so far as they can be ascertained. 1954 No 76 s 170B(9); 1970 No 89 s 4 Section 346H inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 346H(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 346H(2) amended 12 November 2018 section 250 Land Transfer Act 2017 346I: Compensation Where the exercise of any power given by any provision of sections 346A to 346H section 60 a: the claim shall not be made after a period of 5 years from the date of the exercise of the power: b: section 62 specified date c: the Land Valuation Tribunal shall take into account, by way of deduction from the total amount of compensation that would otherwise be awarded, any increase in the value of the parcel of land in respect of which compensation is claimed that has occurred in consequence of the exercise by the council of any power under section 346E 1954 No 76 s 170B(10); 1970 No 89 s 4 Section 346I inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 346I amended 1 February 1982 section 248(1) Public Works Act 1981 Section 346I(b) amended 1 February 1982 section 248(1) Public Works Act 1981 346J: Offences Every person commits an offence against this Act who— a: acts in contravention of or fails to comply with any provision of section 346F b: uses or makes any crossing place to or from a limited access road that is not a crossing place authorised under section 346E 1954 No 76 s 170B(8); 1970 No 89 s 4 Section 346J inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Private roads and private ways Heading inserted 1 April 1979 section 2 Local Government Amendment Act 1978 347: Grades and formation Subject to the Resource Management Act 1991 1954 No 76 s 179 Section 347 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 347 heading amended 1 October 1991 section 362 Resource Management Act 1991 Section 347 amended 1 October 1991 section 362 Resource Management Act 1991 348: Powers of council with respect to private roads and private ways 1: Except with the prior permission of the council, no person shall lay out or form 2: Subject to section 347 a: impose such conditions as to widths, levels, entrances, courses, formation, cost of formation, maximum number of buildings to be erected fronting any such private road or private way, minimum distances between any 2 buildings, position of building line, and otherwise in all respects whatsoever as the council thinks fit; and b: require the owner or owners to whom permission is given to enter into a bond to comply with any conditions imposed by the council. Every such bond shall be deemed— i: to be an instrument creating an interest in each parcel of land to which the conditions apply within the meaning of section 51 ii: to be a covenant running with each such parcel of land, and shall bind subsequent owners. 3: Any permission of the council under subsection (1) to lay out or form 4: With respect to any private road, the council— a: may require any projection or obstruction in or over any part thereof to be removed at the expense of the person causing the same or to whom the same belongs: b: may by notice in writing require the owners of land or buildings abutting on the private road to construct or repair the road, with the footways, kerbing, and channelling thereof, and every such owner shall be liable for the construction and repair of so much of the private road as the council thinks fit: c: in case of default, may execute the said works, and recover the cost from the owners in the aforesaid proportions. 5: Subsection (4) shall apply to every private way which for the time being serves as an approach to 2 or more allotments that are separately owned or separately occupied or to any allotment on which there are 2 or more buildings that are separately occupied. 6: Nothing in this section applies to a private road or right of way lawfully created as part of a subdivision under the Resource Management Act 1991 1954 No 76 ss 180, 184; 1956 No 64 ss 198A, 198E; 1961 No 131 s 40; 1964 No 119 s 14; 1968 No 123 s 16; 1968 No 124 s 16 Section 348 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 348(1) amended 30 March 1985 section 39(1) Local Government Amendment Act 1985 Section 348(2)(b)(i) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 348(3) amended 30 March 1985 section 39(1) Local Government Amendment Act 1985 Section 348(6) inserted 1 August 2003 section 98(2) Resource Management Amendment Act 2003 349: Council may declare private road or right of way to be public road 1: The council may a: any private road within the meaning of any Act in force at the time of its being laid out: b: any right of way within the meaning of any Act in force at the time of its being laid out, and which was laid out within the district on or after 2 November 1878, but before 1 January 1887. 2: Notwithstanding anything in the foregoing provisions of this section, the council shall not declare any private road or right of way as aforesaid to be a public road unless and until it is properly formed 3: 4: Every private road and right of way declared to be a public road as aforesaid shall become a road vested as such in the council. 1954 No 76 s 185 Section 349 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 349(1) amended 7 July 2004 section 13(1) Local Government Act 1974 Amendment Act 2004 Section 349(2) amended 30 March 1985 section 39(1) Local Government Amendment Act 1985 Section 349(3) repealed 7 July 2004 section 13(2) Local Government Act 1974 Amendment Act 2004 350: Penalty for laying out private road or private way in contravention of this Act If any person lays out or forms on conviction 1954 No 76 s 181; 1956 No 64 s 198B; 1961 No 131 s 40 Section 350 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 350 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 350 amended 30 March 1985 section 39(1) Local Government Amendment Act 1985 351: Illegal private road or private way not to be registered No plan, deed, or instrument of any kind whatsoever whereby contrary to the provisions of this Part any private road or private way is created, recognised, referred to, granted, or reserved shall be received for deposit or registration under the Deeds Registration Act 1908 Land Transfer Act 2017 1954 No 76 s 182; 1956 No 64 s 198C; 1961 No 131 s 40 Section 351 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 351 amended 12 November 2018 section 250 Land Transfer Act 2017 352: Conditions to be noted on title by Registrar-General of Land The Registrar-General of Land record of title section 348 Land Transfer Act 2017 1954 No 76 s 183; 1956 No 64 s 198D; 1961 No 131 s 40 Section 352 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 352 heading amended 12 November 2018 section 250 Land Transfer Act 2017 Section 352 amended 12 November 2018 section 250 Land Transfer Act 2017 Safety provisions as to roads Heading inserted 1 April 1979 section 2 Local Government Amendment Act 1978 353: General safety provisions as to roads The council shall take all sufficient precautions for the general safety of the public and traffic and workmen employed on or near any road, and in particular shall— a: take all reasonable precautions to prevent accidents during the construction or repair by the council of any road, or when any opening is made therein by the council for the repair of drains or gas pipes or for any other purpose, and require other persons doing such work to take such precautions, by erecting barriers, devices to cause traffic to slow down, or fences across any such road or around any dangerous place therein, or otherwise, and shall cause, and require other persons doing such work to cause, any such dangerous place to be sufficiently lighted by night; and any person removing any such protective work, or removing or extinguishing any such light, without the authority of the council, commits an offence: b: require the owner or occupier of any land upon which there is any hole, well, excavation, or other place dangerous to persons passing along any road forthwith to fill in, cover, or enclose the same: c: whenever the public safety or convenience renders it expedient, require the owner or occupier of any land not separated from a road by a sufficient fence to enclose the same by a fence to the satisfaction of the council. 1954 No 76 ss 173, 201, 202; 1956 No 64 ss 194, 208, 209 Section 353 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 354: Construction of cellar or making any excavation in vicinity of road 1: Where the owner or occupier of any land proposes to construct a cellar, or make any other excavation (other than a cellar or other excavation to be constructed or made in accordance with a building consent under the Building Act 2004 2: Where, under subsection (1), the council grants its consent to the construction of any cellar, it may grant its consent subject to a condition that neither the owner nor the occupier nor their successors in title shall be entitled to claim against the council for any damage caused to the cellar or any property therein arising, whether directly or indirectly, from any defect in any water-supply system, sewerage system, or other public-utility service under the control of the council. 3: As soon as conveniently may be after the passing of a resolution by the council granting its consent to the construction of a cellar subject to the conditions specified in subsection (2), the council shall send a copy of the resolution, authenticated by the council, to the Registrar-General of Land 4: This section shall bind the Crown. 1954 No 76 ss 203, 203A; 1959 No 91 s 17; 1972 No 131 s 12(1) Section 354 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 354(1) amended 31 March 2005 section 415(1) Building Act 2004 Section 354(1) amended 1 July 1992 Building Act 1991 Section 354(3) amended 12 November 2018 section 250 Land Transfer Act 2017 355: Council may require removal of overhanging trees, etc 1: The council may, by notice in writing under the hand of the chairman or the principal administrative officer a: to remove, lower, or trim to the satisfaction of the council any tree or hedge overhanging or overshadowing the road in cases where, in the opinion of the council, the removal, lowering, or trimming is necessary in order to prevent injury to the road or obstruction to the traffic thereon or to any channel, ditch, or drain appertaining thereto: b: to cut down or grub up, as the council directs, and remove all obstructions to traffic or drainage arising from the growth of plants or the spreading of roots upon or under the road up to the middle line thereof along the whole frontage of the land occupied or owned by him: c: to remove, lower, or trim to the satisfaction of the council any tree or hedge, or to lower any fence or wall, if in the opinion of the council the tree, hedge, fence, or wall is likely, by reason of its obstructing the view, to cause danger to the traffic on that or any other road. 2: Within 10 days after service of the notice, the owner may apply to the District Court 3: On the hearing of the application, the court, whose decision shall be final, shall determine whether the notice should or should not be set aside, and in the former case the notice shall be deemed to be void. 4: In the case of a notice which is not set aside as aforesaid, if the owner fails to do any such act in compliance therewith within 1 month from the service thereof, or, where application as aforesaid has been heard, then within 1 month after the giving of the decision of the court, he commits an offence and is liable on conviction 5: The said cost shall be a charge upon the land. 6: In any case where the council might give any such notice as aforesaid in respect of any land, any resident of the district may, by notice in writing, request the council to do so. 7: If for the space of 28 days after the receipt of the last-mentioned notice the council fails to comply therewith, the resident making the request may apply to the District Court 8: On the hearing of the application, the court shall determine whether and to what extent the notice shall be complied with by the council, and the decision of the court shall be final. 9: The council may remove, lower, cut down, grub up, or trim, as the case may be, any fence, wall, tree, hedge, or plant to which subsection (1) applies, after giving oral notice to the occupier, or, where there is no occupier, to the owner, of the land, if life, property, or any road is in imminent danger. The cost of the work shall be a charge against the land as if notice had been given under subsection (1) and had not been set aside by the District Court 10: For the purposes of this section the term cut down 1928 No 12 ss 169, 170, 171, 172A; 1948 No 39 s 32; 1954 No 76 s 204; 1956 No 39 s 4; 1956 No 64 s 210 Section 355 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 355(1) amended 19 January 1981 section 2(2) Local Government Amendment Act 1980 Section 355(2) amended 1 March 2017 section 261 District Court Act 2016 Section 355(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 355(7) amended 1 March 2017 section 261 District Court Act 2016 Section 355(9) amended 1 March 2017 section 261 District Court Act 2016 356: Removal of abandoned vehicles from roads 1: This section applies where any category A or category B or category C motor vehicle is found on a road within the district of any council and appears to have been abandoned by its owner. 2: In the case of a category A or category B vehicle, the following provisions shall apply: a: the council may, or may authorise any person to, b: no person constable c: the council shall make reasonable efforts to give notice to the person last registered under Part 17 i: in the case of a category A vehicle, taking practical steps to identify the owner of the vehicle by reference to chassis numbers or other numbers appearing on the vehicle: ii: in the case of a category B vehicle, identifying the owner of the vehicle by reference to such numbers and by searching the motor vehicle security register or otherwise: d: after making reasonable efforts to give notice under paragraph (c), the council may give not less than 10 working days' notice, by advertisement in 2 issues of a daily newspaper circulating in the district in which the road is situated, of its intention to sell the vehicle, but if the council is satisfied that the condition of the vehicle is such that it is of little or no value, it may dispense with the giving of such notice: e: at any time after the expiration of a notice given in accordance with paragraph (d) or at any time after the giving of such notice has been dispensed with under that paragraph, the council may sell or otherwise dispose of the vehicle to any person or otherwise dispose of the vehicle in such manner as the council thinks fit, and any person to whom such a vehicle is sold or disposed of shall thereupon become the lawful owner of the vehicle: f: the advertisement under paragraph (d) shall specify the following: i: a description of the make, model, and colour of the vehicle: ii: the chassis numbers and any other vehicle numbers (if known): iii: the location from which the vehicle was removed: g: the proceeds of any such sale shall be applied in payment of the costs and charges attending the sale, including the advertisement under paragraph (d), and of the expenses of the removal and storage of the motor vehicle, and the residue, if any, shall be payable to the former owner of the vehicle: h: where any motor vehicle is removed 3: In the case of a category C vehicle, the provisions of subsection (2) shall apply with the following modifications: a: the notice specified in paragraph (d) of that subsection shall not be given unless the vehicle has been stored for a period of 1 month and reasonable efforts to locate the person last registered under Part 17 b: in addition to specifying the matters set out in paragraph (f) of that subsection, the notice shall specify the name of the person currently registered under Part 17 c: paragraph (c) of that subsection shall apply as if the vehicle were a category B vehicle. 4: If, after a search of the motor vehicle security register in accordance with subsection (2)(c)(ii) or subsection (3)(c), it is found that the vehicle is subject to a registered security interest, the council shall, before selling or otherwise disposing of the vehicle, notify the holder of that interest of its intention to sell or otherwise dispose of the vehicle. 5: For the purposes of this section,— a: a category A vehicle b: a category B vehicle c: a category C vehicle i: a number plate and a current licence label; or ii: a number plate and a licence label that expired not more than 6 months before the council took possession of the vehicle. 6: For the purposes of this section, council the New Zealand Transport Agency the New Zealand Transport Agency 7: Nothing in this section limits or affects anything in section 239 Section 356 replaced 1 April 1993 Local Government Amendment Act (No 3) 1992 Section 356(2)(a) amended 28 June 2006 section 4(1) Local Government Act 1974 Amendment Act 2006 Section 356(2)(b) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 356(2)(b) amended 28 June 2006 section 4(2) Local Government Act 1974 Amendment Act 2006 Section 356(2)(c) amended 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Section 356(2)(h) amended 28 June 2006 section 4(3) Local Government Act 1974 Amendment Act 2006 Section 356(3)(a) amended 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Section 356(3)(b) amended 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Section 356(6) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 356A: Further provision in relation to removal of vehicles from roads 1: This section applies in relation to a motor vehicle if— a: the vehicle is found on a road or in a public place within a territorial authority's district; and b: the vehicle has— i: an evidence of vehicle inspection and a licence label affixed to it, but each document has expired by more than 31 days; or ii: an evidence of vehicle inspection affixed to it that has expired by more than 31 days and no licence label affixed to it; or iii: a licence label affixed to it that has expired by more than 31 days and no evidence of vehicle inspection affixed to it; or iv: neither an evidence of vehicle inspection nor a licence label affixed to it. 2: The territorial authority— a: may, or may authorise any person to, remove the vehicle; and b: if it does so, must— i: store it for 10 days (the 10-day period ii: during that time, make reasonable efforts to notify the person last registered under Part 17 A: that it has removed the vehicle; and B: that the vehicle is in storage; and C: of the territorial authority's powers under subsection (7). 3: However, if the territorial authority is satisfied that the condition of the vehicle is such that it is of little or no value, it may dispose of the vehicle without complying with subsection (2)(b). 4: A vehicle must not be removed under this section until a constable 5: If a vehicle is claimed by any person lawfully entitled to it before the end of the 10-day period, the territorial authority must release the vehicle to the person. 6: Subsection (5) applies only if any costs incurred by the territorial authority for removing and storing the vehicle are first paid. 7: If a vehicle is not claimed under subsection (5), the territorial authority may— a: dispose of it (by sale or otherwise) at any time after the 10-day period has expired; and b: recover from the person last registered under Part 17 8: A territorial authority may retain any proceeds from the disposal of a vehicle under this section that— a: are not claimed by the person who owned the vehicle at the time it was disposed of within 12 months of the vehicle's disposal; and b: are in addition to any costs incurred by the territorial authority for removing, storing, and disposing of the vehicle. 9: Any person to whom a vehicle is disposed of under this section becomes the lawful owner of the vehicle. 10: Nothing in this section limits or affects anything in section 239 11: For the purposes of this section,— evidence of vehicle inspection section 2(1) public place a: under the control of the territorial authority; and b: open to, or being used by, the public, whether or not there is a charge for admission territorial authority the New Zealand Transport Agency the New Zealand Transport Agency Section 356A inserted 28 June 2006 section 5 Local Government Act 1974 Amendment Act 2006 Section 356A(2)(b)(ii) amended 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Section 356A(4) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 356A(7)(b) amended 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Section 356A(11) territorial authority amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 356B: Relationship between section 356 and section 356A In any circumstances where a territorial authority is authorised to remove a motor vehicle under both section 356 356A Section 356B inserted 28 June 2006 section 5 Local Government Act 1974 Amendment Act 2006 357: Penalties for damage to roads 1: Every person commits an offence who, not being authorised by the council or by or under any Act,— a: encroaches on a road by making or erecting any building, fence, ditch, or other obstacle or work of any kind upon, over, or under the road, or by planting any tree or shrub thereon; or b: places or leaves on a road, any timber, earth, stones, or other thing; or c: digs up, removes, or alters in any way the soil or surface or scarp of a road; or d: damages or, except with the consent of the council, removes or alters any gate or cattle stop lawfully erected across any road; or e: allows any water, tailings, or sludge, or any filthy or noisome matter, to flow from any building or land in his occupation on to a road; or f: wilfully or negligently causes or allows any oil, or any liquid harmful to sealed or paved road surfaces or likely to create a danger to vehicles on such surfaces, to escape on to any road having a sealed or paved surface; or g: causes or permits any timber or other heavy material, not being wholly raised above the ground on wheels, to be dragged on a road; or h: causes or negligently allows any retaining wall, foundation wall, or fence erected on any land, or any batter or slope of earth, or any building, erection, material, or thing, to give way or fall so as to damage or obstruct a road; or i: digs up or removes any stone, gravel, sand, or other material from a river bed within 50 metres of a bridge or ford on any road or any dam on which a road is constructed; or j: does or causes or permits to be done any act whatsoever by which any damage is caused to a road or any work or thing in, on, or under the same,— and is liable on conviction $1,000 $50 1A: Proceedings for an offence against subsection (1) must be commenced on the authority of the council, or by an officer of the council. 2: The Council shall not authorise or suffer any encroachment on a road if the encroachment would or might interfere with or in any way obstruct the right of the Crown, or of any person so authorised by any Act, to construct, place, maintain, alter, remove, or otherwise deal with any electric wires, telephone wires, telegraph wires, pneumatic tubes, or gas pipes on, over, or under the road, except with the prior written consent of the Minister of the Crown, the person, or principal administrative officer of the body, who or which is responsible for any such services or utilities. 1928 No 12 s 168; 1954 No 76 s 199; 1956 No 64 s 206; 1968 No 123 s 18; 1968 No 124 s 18 Section 357 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 357(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 357(1) amended 25 July 1995 section 5(a) Local Government Amendment Act (No 2) 1995 Section 357(1) amended 25 July 1995 section 5(b) Local Government Amendment Act (No 2) 1995 Section 357(1) proviso repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 357(1A) inserted 1 July 2013 section 413 Criminal Procedure Act 2011 Section 357(2) replaced 1 April 1988 Local Government Amendment Act 1988 Contracts and leases relating to ferries Heading inserted 1 April 1979 section 2 Local Government Amendment Act 1978 357A: Leasing powers of council with respect to ferries The council having control of a ferry may let the ferry for a term not exceeding 14 years, for such rent and on such terms and conditions as to the maintenance of the ferry as the council thinks fit, and without submitting the lease to public auction or public tender: provided that before granting any such lease for any term exceeding 3 years the proposed terms and conditions thereof shall be publicly notified for at least 2 months. 1928 No 12 s 128; 1956 No 64 s 212 Section 357A inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Privately constructed bridges and ferries Heading inserted 1 April 1979 section 2 Local Government Amendment Act 1978 358: Privately constructed bridges and ferries 1: Subject to such conditions as he thinks fit, the Minister may from time to time, by notice in the Gazette 2: Every such bridge or ferry shall be deemed to be respectively a public bridge or ferry, and shall be open to the use of the public at all hours, subject to any regulations that may be made pursuant to this Act for regulating the use thereof. 1956 No 64 s 220 Section 358 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 359: Regulations for maintenance and use of privately constructed bridges and ferries 1: Without limiting the general power to make regulations conferred by section 723 section 358 a: for the management of those bridges or ferries and the approaches thereto, and for the maintenance of those bridges or ferries in good repair: b: fixing the tolls (if any) to be levied on those bridges, and the fares to be chargeable for the conveyance of passengers, animals, or goods by those ferries: c: declaring what exemptions shall be allowed from the payment of any such tolls or fares: d: regulating the collection of any such tolls or fares, and preventing the evasion thereof. 2: Regulations made for the purpose of this section are secondary legislation ( see Part 3 1956 No 64 s 221 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 359 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 359(1) amended 1 April 1980 section 8(1) Local Government Amendment Act 1979 Section 359(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 360: Minister may delegate powers to council The Minister may from time to time, by notice in the Gazette section 358 section 359 1956 No 64 s 222 Section 360 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Tolls at bridges, tunnels, and ferries Heading inserted 1 April 1979 section 2 Local Government Amendment Act 1978 361: Establishment or abolition of toll gates at bridges, tunnels, and ferries 1: The Minister may from time to time, by notice in the Gazette a: authorise a council to establish, by using the special consultative procedure b: with the agreement of the council, abolish any toll gate or reduce the tolls to be taken at any toll gate if the Minister is of the opinion that any toll gate established by a council is not necessary or that the tolls taken thereat are excessive. 2: Any authority granted under subsection (1)(a) may be granted subject to such terms and conditions as the Minister thinks fit, including, but without limiting the generality of the foregoing provisions of this subsection, terms and conditions as to— a: the tolls that may be taken: b: the conditions under which the tolls may be taken: c: the persons and classes of persons exempted from payment of the tolls: d: the manner in which and the conditions on which tolls may be leased: e: the distraining for or recovery of tolls: f: the appointment and duties of collectors of tolls: g: the making of any toll gate in the district clearing any other toll gate in the district or in any other district. 3: Notwithstanding the repeal by section 4 4: Nothing in this section or in any notice given under this section shall be construed to limit or interfere with the right to levy tolls on any bridge, ferry, tunnel, tramway, or toll gate granted to any person during the period for which the tolls have been so granted, except on payment of adequate compensation. 5: Every person commits an offence against this Act who— a: evades the payment of any toll payable by him; or b: resists or obstructs any toll keeper in the execution of his duty; or c: falsely claims exemption from any toll. 1928 No 12 ss 179–198; 1954 No 76 ss 206–211; 1956 No 64 ss 213–218; 1972 No 96 s 3(1); 1972 No 131 s 12(1); 1972 No 132 s 23; 1973 No 44 s 3(2) Section 361 inserted 1 April 1979 section 2 Local Government Amendment Act 1978 Section 361(1)(a) amended 7 July 2004 section 14 Local Government Act 1974 Amendment Act 2004 22: Regional roads Part 22 repealed 1 July 1992 section 37(1) Local Government Amendment Act 1992 362: Interpretation Section 362 repealed 1 July 1992 section 37(1) Local Government Amendment Act 1992 363: Power to declare regional roads Section 363 repealed 1 July 1992 section 37(1) Local Government Amendment Act 1992 364: Constituent authority may request council to declare regional road Section 364 repealed 1 July 1992 section 37(1) Local Government Amendment Act 1992 365: Objections to proposed regional roads Section 365 repealed 1 July 1992 section 37(1) Local Government Amendment Act 1992 366: Powers of council in relation to regional roads Section 366 repealed 1 July 1992 section 37(1) Local Government Amendment Act 1992 367: Objections to intention to commence formation, or upgrading of regional road Section 367 repealed 1 July 1992 section 37(1) Local Government Amendment Act 1992 368: Power to delegate Section 368 repealed 1 July 1992 section 37(1) Local Government Amendment Act 1992 369: Revocation of a regional road Section 369 repealed 1 July 1992 section 37(1) Local Government Amendment Act 1992 370: Appeals Section 370 repealed 1 July 1992 section 37(1) Local Government Amendment Act 1992 371: Limited access regional roads Section 371 repealed 1 July 1992 section 37(1) Local Government Amendment Act 1992 372: Bylaws Section 372 repealed 1 July 1992 section 37(1) Local Government Amendment Act 1992 373: Road improvement land Section 373 repealed 1 July 1992 section 37(1) Local Government Amendment Act 1992 373A: Subsidies under National Roads Act Section 373A repealed 1 October 1989 section 116(1) Government Roading Powers Act 1989 374: Regional motorways Section 374 repealed 1 July 1992 section 37(1) Local Government Amendment Act 1992 23: Water supply by territorial authorities Part 23 repealed 1 July 2003 section 266 Local Government Act 2002 375: This Part to be subject to Resource Management Act 1991 and Health Act 1956 Section 375 repealed 1 July 2003 section 266 Local Government Act 2002 376: Interpretation and application Section 376 repealed 1 July 2003 section 266 Local Government Act 2002 377: Constitution of water supply areas Section 377 repealed 1 July 2003 section 266 Local Government Act 2002 Powers of council in regard to waterworks Heading repealed 1 July 2003 section 266 Local Government Act 2002 378: Control of source of water supply Section 378 repealed 1 July 2003 section 266 Local Government Act 2002 379: Council may construct or purchase waterworks Section 379 repealed 1 July 2003 section 266 Local Government Act 2002 380: Special provisions as to waterworks beyond the district Section 380 repealed 1 July 2003 section 266 Local Government Act 2002 Supply of water Heading repealed 1 July 2003 section 266 Local Government Act 2002 381: Council may contract for water supply Section 381 repealed 1 July 2003 section 266 Local Government Act 2002 382: Persons supplied with water to prevent waste Section 382 repealed 1 July 2003 section 266 Local Government Act 2002 383: Notice of removal of water pipes to be given to council Section 383 repealed 1 July 2003 section 266 Local Government Act 2002 384: Advances to property owners for water connections Section 384 repealed 1 July 2003 section 266 Local Government Act 2002 Supply to persons outside district Heading repealed 1 July 2003 section 266 Local Government Act 2002 385: Supply of water outside district Section 385 repealed 1 July 2003 section 266 Local Government Act 2002 386: Discontinuance of supply of water outside district Section 386 repealed 1 July 2003 section 266 Local Government Act 2002 387: Charge for water to residents of area added to district in certain cases Section 387 repealed 1 July 2003 section 266 Local Government Act 2002 Use of water for motive power Heading repealed 1 July 2003 section 266 Local Government Act 2002 388: Council may use water from waterworks for motive power Section 388 repealed 1 July 2003 section 266 Local Government Act 2002 389: Surplus water may be sold for motive power Section 389 repealed 1 July 2003 section 266 Local Government Act 2002 390: Discontinuance of supply of water for motive power Section 390 repealed 1 July 2003 section 266 Local Government Act 2002 Protection of water and waterworks Heading repealed 1 July 2003 section 266 Local Government Act 2002 391: Drawing off water from waterworks Section 391 repealed 1 July 2003 section 266 Local Government Act 2002 392: Pollution of water supply Section 392 repealed 1 July 2003 section 266 Local Government Act 2002 393: Factories, etc, may be examined Section 393 repealed 1 July 2003 section 266 Local Government Act 2002 394: Diversion of water from waterworks in case of flood Section 394 repealed 1 July 2003 section 266 Local Government Act 2002 395: Offences with respect to waterworks Section 395 repealed 1 July 2003 section 266 Local Government Act 2002 396: Offences with respect to water meters Section 396 repealed 1 July 2003 section 266 Local Government Act 2002 397: Council may stop supply of water in certain cases Section 397 repealed 1 July 2003 section 266 Local Government Act 2002 24: Regional water supply Part 24 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992 398: This Part to be read subject to Resource Management Act 1991 and Health Act 1956 Section 398 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992 399: Interpretation Section 399 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992 400: Council may supply water to constituent authorities Section 400 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992 401: Council may construct or purchase waterworks Section 401 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992 402: Local authorities and other bodies to be notified of work Section 402 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992 403: Use of water for motive power Section 403 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992 404: Surplus water may be sold for motive power Section 404 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992 405: Discontinuance of supply of water for motive power Section 405 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992 406: Council may contract for water supply Section 406 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992 407: Drawing off water from waterworks Section 407 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992 408: Offences with respect to water supply Section 408 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992 409: Pollution of water supply Section 409 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992 410: Factories, etc, may be examined Section 410 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992 411: Diversion of water from waterworks in case of flood Section 411 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992 412: Allocation of supply of water to constituent authorities Section 412 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992 413: Appeals relating to supply of water Section 413 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992 414: Council may operate constituent authority's waterworks Section 414 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992 415: Supply of water to consumers outside the region Section 415 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992 416: Supply of water to territorial authority Section 416 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992 417: Discontinuance of supply of water outside region Section 417 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992 418: Charges for water supplied to constituent authority Section 418 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992 419: Surcharges for exceeding allocations Section 419 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992 420: Payment of charges and surcharges Section 420 repealed 1 July 1992 section 42(1) Local Government Amendment Act 1992 25: Water races Part 25 repealed 1 July 2003 section 266 Local Government Act 2002 420A: Application of Part 25 Section 420A repealed 1 July 2003 section 266 Local Government Act 2002 421: This Part to be subject to Resource Management Act 1991 Section 421 repealed 1 July 2003 section 266 Local Government Act 2002 422: Interpretation Section 422 repealed 1 July 2003 section 266 Local Government Act 2002 Water race areas Heading repealed 1 July 2003 section 266 Local Government Act 2002 423: Constitution, alteration, and union of water race areas Section 423 repealed 1 July 2003 section 266 Local Government Act 2002 424: Subdivision of water race areas Section 424 repealed 1 July 2003 section 266 Local Government Act 2002 425: Water race map Section 425 repealed 1 July 2003 section 266 Local Government Act 2002 Powers of council as to water races Heading repealed 1 July 2003 section 266 Local Government Act 2002 426: General powers of council as to water races Section 426 repealed 1 July 2003 section 266 Local Government Act 2002 427: Discontinuance of water race Section 427 repealed 1 July 2003 section 266 Local Government Act 2002 428: Council may sell disused water race Section 428 repealed 1 July 2003 section 266 Local Government Act 2002 429: Water channel may be declared a water race Section 429 repealed 1 July 2003 section 266 Local Government Act 2002 430: Council may stop supply of water in certain cases Section 430 repealed 1 July 2003 section 266 Local Government Act 2002 431: Compensation Section 431 repealed 1 July 2003 section 266 Local Government Act 2002 432: Appointment of managing ratepayers Section 432 repealed 1 July 2003 section 266 Local Government Act 2002 Water races outside district Heading repealed 1 July 2003 section 266 Local Government Act 2002 433: Exercise of powers outside district Section 433 repealed 1 July 2003 section 266 Local Government Act 2002 434: Supply of water outside district Section 434 repealed 1 July 2003 section 266 Local Government Act 2002 435: Discontinuance of supply of water outside district Section 435 repealed 1 July 2003 section 266 Local Government Act 2002 Provisions for the protection of water races Heading repealed 1 July 2003 section 266 Local Government Act 2002 436: Drawing off water from streams supplying water race Section 436 repealed 1 July 2003 section 266 Local Government Act 2002 437: Offences with respect to water races Section 437 repealed 1 July 2003 section 266 Local Government Act 2002 438: Pollution of water races Section 438 repealed 1 July 2003 section 266 Local Government Act 2002 Bylaws Heading repealed 1 July 2003 section 266 Local Government Act 2002 439: Bylaws as to water races Section 439 repealed 1 July 2003 section 266 Local Government Act 2002 26: Sewerage and stormwater drainage by territorial authorities Part 26 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 440: This Part to be subject to Resource Management Act 1991 Section 440 repealed 1 July 2003 section 266 Local Government Act 2002 441: Interpretation and application Section 441 repealed 1 July 2003 section 266 Local Government Act 2002 Powers of council in respect of sewerage and stormwater drainage Heading inserted 1 April 1980 section 2 Local Government Amendment Act 1979 442: Council may make provision for drainage of district Section 442 repealed 1 July 2003 section 266 Local Government Act 2002 443: Constitution of urban drainage areas Section 443 repealed 1 July 2003 section 266 Local Government Act 2002 444: Drainage map Section 444 repealed 1 July 2003 section 266 Local Government Act 2002 445: Council may construct drains Section 445 repealed 1 July 2003 section 266 Local Government Act 2002 446: Council may cover in watercourse so as to make it a public drain 1: The council may enclose and cover in any watercourse within the district which, by reason of any pollutant therein, or from any other cause whatever, is, or in the opinion of the council may become, a nuisance or dangerous to the public health, whereupon the work shall become a public drain of the district. 2: For that purpose the council may make, construct, and lay down such drains or do such other works as in the opinion of the council are necessary for the covering in of the watercourse. 3: The council may do such work as in its opinion is necessary to exclude from any watercourse any pollutant which in the opinion of the council should be excluded therefrom, and for that purpose and for the purposes of subsection (1) the council may straighten or otherwise alter the course and direction of any watercourse, and take up, disconnect, alter, relay, or otherwise deal with any private drains communicating with any watercourse. 4: In the exercise of any powers conferred on it by this section, the council shall not be liable to pay compensation in respect of anyone being deprived of the water flowing in the watercourse, or of the right to that water, nor for any damage or inconvenience occasioned to the owners or occupiers of those lands or premises, but shall nevertheless make good any damage or injury caused during the construction of the works: provided that this subsection shall not apply in any case in which the nuisance or danger has been caused by the act or default of the council. 5: Before undertaking any work under this section the council must— a: prepare a statement of proposal in relation to the work that includes— i: a description of the work; and ii: the reasons for the work; and iii: an explanation of the procedure under subsection (7); and iv: when and where the council will vote on a motion to undertake the work; and v: any other information that the council identifies as relevant; and b: make the statement of proposal available in a way appropriate to the subject matter of the proposal; and c: produce a summary of proposal that— i: is a fair representation of the major matters in the statement of proposal; and ii: explains how the statement of proposal is avail-able for inspection; and d: publicise the summary of proposal in a way appropriate to the subject matter of the proposal. 6: The council must not vote on a motion to undertake the proposed work until at least 20 working days after the summary of proposal is first publicised under subsection (5)(d). 7: An owner or occupier of land who may be affected by the work may apply to the court 7A: The application must be made to— a: the District Court, unless paragraph (b) applies: b: the Maori Land Court, if the application relates only to Maori land (as defined by section 4 8: The court may make an order or orders— a: setting a date before which the council may not under-take the work: b: allowing the council to undertake the work with or without modification: c: prohibiting the council from undertaking the work. 8A: The court to which an application is made may refer any proceedings resulting from the application, or any question in those proceedings, to the other court referred to in subsection (7A) if it considers that the proceedings or question would be more appropriately dealt with by the other court. 8B: The court may refer the proceedings or question on its own initiative or on application by a party to the proceedings. 8C: Any appeal from an order made under subsection (8) must be made to the High Court (even for an order of the Maori Land Court). 9: Despite subsections (5) to (8C) 1954 No 76 s 219; 1956 No 64 s 246 Section 446 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 Section 446(5) replaced 7 July 2004 section 15 Local Government Act 1974 Amendment Act 2004 Section 446(6) replaced 7 July 2004 section 15 Local Government Act 1974 Amendment Act 2004 Section 446(7) replaced 7 July 2004 section 15 Local Government Act 1974 Amendment Act 2004 Section 446(7) amended 6 February 2021 section 97(1) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 446(7) amended 1 March 2017 section 261 District Court Act 2016 Section 446(7A) inserted 6 February 2021 section 97(2) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 446(8) replaced 7 July 2004 section 15 Local Government Act 1974 Amendment Act 2004 Section 446(8A) inserted 6 February 2021 section 97(3) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 446(8B) inserted 6 February 2021 section 97(3) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 446(8C) inserted 6 February 2021 section 97(3) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 446(9) replaced 7 July 2004 section 15 Local Government Act 1974 Amendment Act 2004 Section 446(9) amended 6 February 2021 section 97(4) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 446(9) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 447: Betterment contributions where watercourse covered in 1: Where the council incurs any expenditure in enclosing and covering in any watercourse under the powers conferred by section 446 2: Subsections (3) to (10) of section 326 1954 No 76 s 219A; 1959 No 91 s 18(1); 1968 No 123 s 17(2)(b) Section 447 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 448: Stormwater may be led into watercourses Section 448 repealed 1 July 2003 section 266 Local Government Act 2002 449: Channels for stormwater Section 449 repealed 1 July 2003 section 266 Local Government Act 2002 450: Council may make dams, etc, in watercourses Section 450 repealed 1 July 2003 section 266 Local Government Act 2002 451: Diversion, etc, of drainage works 1: If any person proposes to erect any building or to carry out any work in such a location and at such levels that the diversion, alteration, protection, or replacement of any of the drainage works of the council appears to be essential to the erection of the building or carrying on of the work,— a: that person shall notify the council of his proposals; and b: if the council is satisfied that it is practicable for its drainage works to be diverted, altered, protected, or replaced without material interference with the services for which it is responsible and that it is reasonable that this be done, it may enter into an agreement with that person as to the manner in which the drainage works shall be diverted, altered, protected, or replaced. 2: The cost of so diverting, altering, protecting, or replacing the drainage works of the council shall be borne by that person, and all other costs which the council may incur in any way incidental thereto shall be paid to the council by that person. 3: If that person fails to comply with any condition specified in any such agreement, he commits an offence against this Act. Section 451 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 452: Council may treat and deal with sewage Section 452 repealed 1 July 2003 section 266 Local Government Act 2002 Powers of council as to drainage outside district Heading repealed 1 July 2003 section 266 Local Government Act 2002 453: Council may construct drainage works outside district Section 453 repealed 1 July 2003 section 266 Local Government Act 2002 454: Construction and repair of drainage works outside district Section 454 repealed 1 July 2003 section 266 Local Government Act 2002 455: Council may agree to use drainage works under control of other local authority Section 455 repealed 1 July 2003 section 266 Local Government Act 2002 456: Council may drain areas outside district Section 456 repealed 1 July 2003 section 266 Local Government Act 2002 457: Discontinuance of drainage outside district Section 457 repealed 1 July 2003 section 266 Local Government Act 2002 458: Rate Section 458 repealed 1 July 2003 section 266 Local Government Act 2002 Private drains Heading inserted 1 April 1980 section 2 Local Government Amendment Act 1979 459: Council may require owners of land in certain cases to provide private drains 1: In respect of any land or building within the district, the council may, subject to sections 283 294(9) a: to provide, construct, and lay a private drain from any land or building which is not drained by some drain to the satisfaction of the council, and to connect that private drain with any public drain or watercourse or the sea, as the council thinks fit: b: to cleanse and repair or to relay or alter the course, direction, and outfall of any existing private drain of or belonging to the premises: c: to connect any such existing private drain with any public drain or watercourse other than the public drain or watercourse with which the private drain was previously connected: d: to provide and affix in and to any such existing private drain, and in and to any such new private drain, all such traps, methods of ventilation, and other fittings whatever as the council directs: e: to connect or disconnect any existing or new private drain with or from any water closet, urinal, bath, sink, grease trap, or other sanitary appliance: f: to execute, provide, and do generally any works, materials, and things which in the opinion of the council are necessary or expedient for the efficient drainage of the premises and every part thereof. 2: The council may, in the exercise of the powers conferred upon it by subsection (1), instead of requiring several owners each to provide, construct, and lay a private drain, and to connect that private drain with any public drain, or watercourse, or the sea as provided in that subsection, require those owners— a: jointly to provide, construct, and lay a common private drain through such of the separately owned lands as the council thinks fit, and to connect that private drain with any public drain, watercourse, or the sea as aforesaid; and b: severally to provide, construct, and lay a private drain from the land or building of which each is the owner, and to connect that private drain with the common private drain. 3: The powers conferred upon the council by paragraphs (b) to (f) of subsection (1) may also be exercised with respect to private drains provided, constructed, and laid under subsection (2), and to similar private drains heretofore provided, constructed, and laid in the district. 4: Every notice under this section shall specify the works, materials, and things to be executed, provided, or done thereunder, and the public drain or watercourse with which any private drain is required to be connected, and shall limit a time within which the works, materials, and things shall be so executed, provided, and done. 5: The foregoing powers shall, among other things, enable the council to require any owner of premises to cause any pollutant and any water that does not contain any pollutant to be drained respectively by sewerage drains and stormwater drains to separate outfalls: provided that the council shall not in any such notice require any pollutant to be drained into any open drain. 6: If the owner fails to do any work specified in the notice and as therein directed, the council may, if it thinks fit, cause the work to be done, and may recover from him the costs and expenses of the work together with 10% of those costs and expenses for supervision by the officers or agents of the council, and interest at a rate per annum, as fixed by the council 7: a: to construct any private drain, other than a common drain, to connect with any public drain or the sea at a point more than 30  metres from his land; or b: to construct any private drain for the drainage of a building if the nearest part of the building is situated more than 60 metres from the public drain, or watercourse, or sea to which it is required to be connected. 1954 No 76 s 224; 1956 No 64 s 251; 1972 No 131 s 12(1); 1972 No 132 s 23; 1976 No 57 s 7(2); 1976 No 58 s 6(2) Section 459 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 Section 459(6) amended 10 September 1999 section 5 Local Government Amendment Act (No 4) 1999 Section 459(7) amended 1 October 1991 section 362 Resource Management Act 1991 460: Construction of private drains through adjoining premises 1: Where, in the opinion of the council, the only practical route of any new private drain is through 1 or more adjoining premises, and any owner or owners of any of those premises will not consent to its construction, the council may, pursuant to a resolution in that behalf, of which notice shall be given to the owner or owners withholding his or their consent as aforesaid, enter upon his or their premises and execute, provide, and do all or any of the works, materials, and things which the council considers necessary, in order that the drain shall be laid in an efficient manner. 2: Before passing a resolution under subsection (1), the council shall give to every owner refusing his consent as aforesaid an opportunity to be heard before a committee of the council. 3: The cost incurred by the council in carrying out the said work, including the payment of compensation for injurious affection to any premises through which the drain is laid, shall be payable by the council in the first instance, and may be recovered by it from the owner of the land to be served by the private drain; and section 465 section 463 4: If agreement cannot be reached between the council and any claimant for any such injurious affection, the matter shall be determined as if the work were a public work and the claim were a claim for injurious affection in respect thereof under the Public Works Act 1981 1954 No 76 s 226; 1956 No 64 s 253 Section 460 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 Section 460(4) amended 1 February 1982 section 248(1) Public Works Act 1981 461: Further provisions with respect to private drains 1: Where any private drain constructed with the consent of the owners of all the lands affected or constructed by the council pursuant to section 460 a: a right to the free and uninterrupted use of that private drain; and b: a right for the occupiers or any of them to enter upon all lands served by that drain, or through which it passes, for the purpose of relaying or effecting necessary repairs to the drain; and c: a right to contribution from the owners or occupiers of other lands so served by that drain towards the cost of executing, providing, and doing all or any of the things required in respect of the drain by this Part or any bylaw; and d: a right to contribution from the owners or occupiers of those other lands towards the cost of all necessary relaying of or repairs to the drain; and e: a right to the recovery from the owners or occupiers of other lands through which that drain passes but which are not served by the drain of the cost of any repairs to the drain necessitated by any wilful or negligent act of those owners or occupiers,— and those rights, upon a certificate being furnished by the principal administrative officer Registrar-General of Land Registrar-General of Land paragraph (e) 2: The Registrar-General of Land principal administrative officer record of title a: particulars of the certificate given by the principal administrative officer b: a memorandum that there are attached to the land the rights specified in subsection (1) 3: If any question arises as to the liability of any owner or occupier under any provision of subsection (1), the District Court 1954 No 76 s 227; 1956 No 64 s 254 Section 461 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 Section 461(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 461(1) amended 19 January 1981 section 2(2) Section 461(1) amended 19 January 1981 section 39 Local Government Amendment Act 1980 Section 461(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 461(2) amended 19 January 1981 section 2(2) Section 461(2)(a) amended 19 January 1981 section 2(2) Section 461(3) amended 1 March 2017 section 261 District Court Act 2016 462: Council may declare private drain to be public drain 1: The council may, by resolution passed at a meeting of which at least 14 days' public notice has been given, declare any specified private drain in the district to be a public drain. 2: For the purposes of this section, every drain constructed for State housing purposes under the Housing Act 1955 3: Where a certificate under section 461 a: the principal administrative officer Registrar-General of Land b: the Registrar-General of Land must enter on the records of title for the land served by that drain a memorandum that the drain has become a public drain. 1954 No 76 s 228; 1955 No 51 s 13(1); 1956 No 64 s 255 Section 462 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 Section 462(3)(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 462(3)(a) amended 19 January 1981 section 2(2) Local Government Amendment Act 1980 Section 462(3)(b) replaced 12 November 2018 section 250 Land Transfer Act 2017 Money payable by owners and occupiers Heading repealed 1 July 2003 section 266 Local Government Act 2002 463: Advances by council to owners in respect of cost of drainage connections Section 463 repealed 1 July 2003 section 266 Local Government Act 2002 464: Owner may recover proportion of cost of drainage connections from tenant under a lease with not less than 3 years unexpired Section 464 repealed 1 July 2003 section 266 Local Government Act 2002 465: Money payable to council in respect of drainage to be a charge on land Section 465 repealed 1 July 2003 section 266 Local Government Act 2002 466: Advances to property owners for clearing or covering in watercourses Section 466 repealed 1 July 2003 section 266 Local Government Act 2002 Drain protection and protective works Heading inserted 1 April 1980 section 2 Local Government Amendment Act 1979 467: Unlawful connection of private drain 1: Every person commits an offence against this Act who, not having the written authority of the council, connects any private drain with a public or private drain or covered watercourse. 2: The council may replace or repair any property destroyed or damaged by any such unlawful connection of a private drain, or remove or alter any such private drain, and may recover from that person the full cost of the work and the full amount of any damage done or caused by him. 1954 No 76 s 237; 1956 No 64 s 264 Section 467 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 468: Tree roots obstructing public drains 1: The council may, by notice in writing under the hand of the chairman or the principal administrative officer 2: Within 10 days after service of the notice, the occupier or owner, as the case may be, may apply to the District Court 3: On the hearing of the application, the court, whose decision shall be final, shall determine whether the notice should or should not be set aside, and in the former case the notice shall be deemed to be void. 4: In the case of a notice which is not set aside as aforesaid, if the occupier or owner, as the case may be, fails to do any such act in compliance therewith within 1 month from the service thereof, or, where application as aforesaid has been heard, then within 1 month after the giving of the decision of the court, he commits an offence and is liable on conviction 5: The said cost shall be a charge upon the land. 6: The council may remove, cut down, or grub up, as the case may be, any tree to which subsection (1) applies, or, as the case may be, any specified part of any such tree, after the giving of oral notice by the principal administrative officer the District Court 7: For the purposes of this section the term cut down 1954 No 76 s 237A; 1959 No 91 s 20 Section 468 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 Section 468(1) amended 19 January 1981 section 2(2) Local Government Amendment Act 1980 Section 468(2) amended 1 March 2017 section 261 District Court Act 2016 Section 468(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 468(6) amended 1 March 2017 section 261 District Court Act 2016 Section 468(6) amended 19 January 1981 section 2(2) Local Government Amendment Act 1980 469: Council may construct protective works to prevent damage by flood Section 469 repealed 1 July 2003 section 266 Local Government Act 2002 27: Regional drainage Part 27 repealed 1 July 1992 section 46 Local Government Amendment Act 1992 470: This Part to be subject to Resource Management Act 1991 Section 470 repealed 1 July 1992 section 46 Local Government Amendment Act 1992 471: Interpretation Section 471 repealed 1 July 1992 section 46 Local Government Amendment Act 1992 472: Council may undertake regional drainage in constituent district Section 472 repealed 1 July 1992 section 46 Local Government Amendment Act 1992 473: Council may undertake drainage in district of local authority Section 473 repealed 1 July 1992 section 46 Local Government Amendment Act 1992 474: General powers of council Section 474 repealed 1 July 1992 section 46 Local Government Amendment Act 1992 475: Regional drainage map Section 475 repealed 1 July 1992 section 46 Local Government Amendment Act 1992 476: Council may treat and deal with sewage Section 476 repealed 1 July 1992 section 46 Local Government Amendment Act 1992 477: Construction of drains on or under roads, etc Section 477 repealed 1 July 1992 section 46 Local Government Amendment Act 1992 478: Diversions, etc, of drain Section 478 repealed 1 July 1992 section 46 Local Government Amendment Act 1992 479: Watercourses Section 479 repealed 1 July 1992 section 46 Local Government Amendment Act 1992 480: Council may charge for regional drainage Section 480 repealed 1 July 1992 section 46 Local Government Amendment Act 1992 481: Instalments of charges for regional drainage Section 481 repealed 1 July 1992 section 46 Local Government Amendment Act 1992 482: Payment of charges Section 482 repealed 1 July 1992 section 46 Local Government Amendment Act 1992 483: Powers to permit constituent authorities to connect drains Section 483 repealed 1 July 1992 section 46 Local Government Amendment Act 1992 484: Connection of drains outside region Section 484 repealed 1 July 1992 section 46 Local Government Amendment Act 1992 485: Reticulation work Section 485 repealed 1 July 1992 section 46 Local Government Amendment Act 1992 486: Operation of drainage works Section 486 repealed 1 July 1992 section 46 Local Government Amendment Act 1992 Offences Heading repealed 1 July 1992 section 46 Local Government Amendment Act 1992 487: Unlawful interference with drains Section 487 repealed 1 July 1992 section 46 Local Government Amendment Act 1992 28: Trade wastes Part 28 repealed 1 July 2003 section 266 Local Government Act 2002 488: This Part to be subject to Resource Management Act 1991 Section 488 repealed 1 July 2003 section 266 Local Government Act 2002 489: Interpretation Section 489 repealed 1 July 2003 section 266 Local Government Act 2002 490: Councils may undertake trade wastes disposal Section 490 repealed 1 July 2003 section 266 Local Government Act 2002 491: Powers of local authorities to make trade wastes bylaws Section 491 repealed 1 July 2003 section 266 Local Government Act 2002 492: Making of trade wastes bylaws Section 492 repealed 1 July 2003 section 266 Local Government Act 2002 493: Offences against trade wastes bylaws Section 493 repealed 1 July 2003 section 266 Local Government Act 2002 494: Restrictions on rights of local authority to charge in respect of treatment or reception of trade wastes Section 494 repealed 1 July 2003 section 266 Local Government Act 2002 495: Appeal from assessment of charges Section 495 repealed 1 July 2003 section 266 Local Government Act 2002 496: Hearing and determination of appeal Section 496 repealed 1 July 2003 section 266 Local Government Act 2002 497: Trade wastes bylaws may be relaxed in certain cases Section 497 repealed 1 July 2003 section 266 Local Government Act 2002 498: Discharge of sewage into sewerage drain in accordance with bylaws not to constitute offence Section 498 repealed 1 July 2003 section 266 Local Government Act 2002 499: Right to discharge trade wastes into sewerage drains Section 499 repealed 1 July 2003 section 266 Local Government Act 2002 500: Agreements as to disposal of trade wastes Section 500 repealed 1 July 2003 section 266 Local Government Act 2002 501: Local authority may enter into agreements for disposal of sewage and trade wastes Section 501 repealed 1 July 2003 section 266 Local Government Act 2002 Powers of local authority as to trade wastes disposal outside district Heading repealed 1 July 2003 section 266 Local Government Act 2002 501A: Local authority may construct trade wastes disposal works outside district Section 501A repealed 1 July 2003 section 266 Local Government Act 2002 501B: Construction and repair of trade wastes disposal works outside district Section 501B repealed 1 July 2003 section 266 Local Government Act 2002 501C: Local authority may agree to use trade wastes works under control of other local authority Section 501C repealed 1 July 2003 section 266 Local Government Act 2002 501D: Local authority may deal with trade wastes from areas outside district Section 501D repealed 1 July 2003 section 266 Local Government Act 2002 501E: Discontinuance of trade wastes system outside own district Section 501E repealed 1 July 2003 section 266 Local Government Act 2002 29: Land drainage and rivers clearance Part 29 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 501F: Application of Part 29 This Part— a: applies only in respect of— i: drainage channels or land drainage works under the control of a council: ii: drainage channels or land drainage works under construction by a council: iii: drainage channels or land drainage works that a council has agreed to construct; and b: does not apply in respect of drainage channels or land drainage works transferred by a council under Part 29A Section 501F inserted 15 October 1999 section 7 Local Government Amendment Act (No 5) 1999 502: This Part to be subject to Resource Management Act 1991 Nothing in this Part shall derogate from the provisions of the Resource Management Act 1991 Section 502 replaced 1 October 1991 section 362 Resource Management Act 1991 503: Interpretation In this Part, unless the context otherwise requires,— council district drainage area drainage channel channel a: immediately before the commencement of this Part was a drainage channel under the control, as such, of any council; or b: is constructed by the council as a drainage channel after the commencement of this Part; or c: is vested in the council as a drainage channel;— but does not include a navigable river, a water race as defined in section 422 section 441 section 471 land drainage works Section 503 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 Land drainage areas Heading inserted 1 April 1980 section 2 Local Government Amendment Act 1979 504: Declarations in relation to drainage areas 1: A council may, for the purpose of land drainage work, declare— a: all of its district to be a drainage area: b: part of its district to be a drainage area: c: 2 or more contiguous drainage areas to be a drainage area: d: the boundaries of a drainage area to be altered. 2: A declaration must— a: define the relevant area; and b: assign a name to the drainage area; and c: fix the day on which the declaration takes effect. 3: A council may make a declaration only if— a: a demand for a poll of electors is taken in accordance with sections 505 505A b: a petition complying with section 505B 4: Before making a declaration, a council must— a: prepare a statement of proposal in relation to the declaration that includes— i: a draft of the declaration; and ii: a statement of the reasons for proposing to make the declaration; and iii: an explanation of the procedure— A: to demand a poll under section 505 B: to petition the council under section 505B iv: when and where the council will vote on a motion to make the declaration; and v: any other information that the council identifies as relevant; and b: make the statement of proposal available in a way appropriate to the subject matter of the proposal; and c: produce a summary of proposal that— i: is a fair representation of the major matters in the statement of proposal; and ii: explains how the statement of proposal is available; and d: publicise the summary of proposal in a way appropriate to the subject matter of the proposal. 5: The council must not vote on a motion to make the declaration until at least 20 working days after the summary of proposal is first publicised under subsection (4)(d). Section 504 replaced 7 July 2004 section 16 Local Government Act 1974 Amendment Act 2004 505: Procedure for demanding poll 1: For the purposes of section 504(3)(a) a: the council resolves that a poll be taken; or b: 15% or more of the electors in the relevant area demand a poll, and a document containing the demands is delivered to the principal office of the council at least 3 working days before the date referred to in section 504(5) 2: An elector has demanded a poll if he or she— a: signs a document which clearly expresses that he or she demands a poll on whether the council should make the proposed declaration under section 504(1) b: states, against his or her signature, his or her name and address with sufficient accuracy to determine whether— i: he or she is an elector; and ii: the given address is in the relevant area. Section 505 replaced 7 July 2004 section 16 Local Government Act 1974 Amendment Act 2004 505A: Poll on proposed declaration 1: A council must conduct a poll on the proposed declaration under section 504(1) section 505(1) 2: The poll must be conducted in accordance with the Local Electoral Act 2001 Section 505A inserted 7 July 2004 section 16 Local Government Act 1974 Amendment Act 2004 505B: Petition to make declaration 1: A petition for a declaration is made under section 504(3)(b) a: a majority of the electors in the relevant area petition the local authority to make the proposed declaration under section 504(1) b: a document containing the petitions is delivered to the principal office of the council at least 1 working day before the date referred to in section 504(5) 2: An elector has validly petitioned if he or she— a: signs a document which clearly expresses that he or she petitions the council to make the proposed declaration under section 504(1) b: states, against his or her signature, his or her name and address with sufficient accuracy to determine whether— i: he or she is an elector; and ii: the given address is in the relevant area. Section 505B inserted 7 July 2004 section 16 Local Government Act 1974 Amendment Act 2004 505C: Relevant area for polls and petitions In sections 504 to 505B relevant area a: in the case of a declaration under section 504(1)(a) b: in the case of a declaration under section 504(1)(b) c: in the case of a declaration under section 504(1)(c) d: in the case of a declaration under section 504(1)(d) i: any part of a drainage area that would be excluded from the drainage area as a result of the boundary changes; and ii: any part of the district that would be included in the drainage area as a result of the boundary changes. Section 505C inserted 7 July 2004 section 16 Local Government Act 1974 Amendment Act 2004 506: Subdivision of areas The council may from time to time section 504 section 505 1956 No 64 s 229 Section 506 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 Section 506 amended 7 July 2004 section 17 Local Government Act 1974 Amendment Act 2004 Control of drainage channels and land drainage works Heading inserted 1 April 1980 section 2 Local Government Amendment Act 1979 507: Existing drainage channels may be brought under this Part The Minister may, upon application by the council in which is vested any drainage channel constructed under the provisions of any special Act, by notice in the Gazette 1956 No 64 s 238(1) Section 507 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 508: Repeal of special Act From and after the day named in the special notice under section 507 1956 No 64 s 238(2) Section 508 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 Powers of councils with respect to land drainage Heading inserted 1 April 1980 section 2 Local Government Amendment Act 1979 509: Powers of council as to drainage channels and land drainage works 1: The council may purchase, or make and maintain, or enlarge, and from time to time alter, extend, or repair, any drainage channel or land drainage works constructed under this Part in any drainage area in the district, and for that purpose may— a: contract with the owner of any private land for and acquire from him by deed duly executed the grant in perpetuity to the council of the use, occupation, and enjoyment of that land or any part thereof for the purpose of constructing and maintaining any drainage channel or land drainage works thereon: b: make drainage channels or land drainage works upon, over, or under any land: c: make drainage channels or land drainage works over or under any road or place to which the public have general access, or through any public reserve: d: alter the course or level of any road or public place, and break up and dig into the surface thereof and stop temporarily the traffic thereon: e: make land drainage works across any stream or river but so as not to impede the navigation upon any navigable river, except under the provisions of a special Act: f: alter the course or level of any stream or river, or of any ditch or drainage channel: g: alter any drain, sewer, gas pipe, other pipe, cable, or other apparatus of any kind on or under any road or public place, whether within or outside the district, so far as is necessary for the purpose of constructing and maintaining any drainage channel or land drainage works. 2: Section 708 1928 No 21 s 265; 1956 No 64 s 230 Section 509 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 510: Inspection of private dams, etc Subject to section 238 1928 No 21 s 265(1)(l) Section 510 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 Removal of obstructions from drainage channels and watercourses Heading inserted 1 April 1980 section 2 Local Government Amendment Act 1979 511: Removal of obstructions from drainage channel or watercourse 1: Where in the opinion of the council the free flow of water in any drainage channel or in any watercourse that is not under the control of any other local authority— a: is impeded by any obstruction, and that obstruction is likely to cause loss of life, injury, or damage to property in the district or to obstruct navigation; or b: is likely to be impeded by any such obstruction,— the council may, by notice in writing, require the occupier or, if there is no occupier, the owner of the land on the banks of the drainage channel or watercourse within the district to remove the obstruction from the drainage channel or watercourse and from the banks of the drainage channel or watercourse to a distance not exceeding 3 metres from the nearest margin of the drainage channel or watercourse. 2: Within 10 days after service of the notice, the occupier or owner to whom the notice is given may apply to the District Court 3: On the hearing of the application, the court, whose decision shall be final, shall determine whether the notice should or should not be set aside, and in the former case the notice shall be deemed to be void. 4: In the case of a notice which is not set aside as aforesaid, if the occupier or owner, as the case may be, fails to do any such act in compliance therewith within 1 month from the service thereof, or, where application as aforesaid has been heard, then within 1 month after the giving of the decision of the court, he commits an offence, and the council, by its officers or agents, may enter on the land and do that act. 5: Where the council does any work under subsection (4), it may recover the cost from the occupier or owner. 5A: Notwithstanding that no work has been carried out by the council under subsection (4), the council may recover any cost or expenses incurred by it under this section in respect of any investigations or supervision carried out by the officers or agents of the council. 6: The said cost and expenses 7: The council may dispose of anything removed under this section in such manner as it thinks fit, and the proceeds of that disposal shall form part of its general revenues. 8: Where a drainage channel or watercourse or the bed thereof divides 2 districts, the council on either side may exercise the powers under subsection (1) in respect of that half of the river bed adjoining the bank within its district. 9: In this section,— a: obstruction b: the occupier or owner of land adjoining a road shall be deemed to be the occupier or owner of land on the banks of any drainage channel or watercourse running upon the road where the road fronts the land of that occupier or owner, unless the channel or watercourse has been artificially constructed by the council for the purpose only of draining the surface of the road: c: remove 10: Nothing in this section shall be deemed to authorise any council to dispose of any timber floated down any watercourse under the Timber Floating Act 1954. 1908 No 96 s 62; 1913 No 31 s 7; 1956 No 7 s 9(1), (3) Section 511 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 Section 511(2) amended 1 March 2017 section 261 District Court Act 2016 Section 511(5A) inserted 15 October 1999 Local Government Amendment Act (No 5) 1999 Section 511(6) amended 15 October 1999 Local Government Amendment Act (No 5) 1999 512: Power to require council to order removal of obstructions 1: In any case where the council might give any notice under section 511(1) 2: If for the space of 1 month after the receipt of the last-mentioned notice the council fails to comply therewith, the resident making the request may apply to the District Court 3: On the hearing of the application, the court shall determine whether and to what extent the notice shall be complied with by the council, and the decision of the court shall be final. 1908 No 96 s 63 Section 512 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 Section 512(2) amended 1 March 2017 section 261 District Court Act 2016 513: Order of court on application under section 511 or section 512 Where under section 511(2) section 512(2) the District Court a: direct that— i: a portion of the cost of removing the obstruction; and ii: a portion of the cost and expenses incurred by the council under section 511 section 512 be borne by any person holding any interest in the land or by any local authority whose district or works will be improved by that removal: b: decide when and to whom that cost is to be paid: c: direct who shall do the work and the time within which it is to be completed. 1928 No 21 s 204 Section 513 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 Section 513 amended 1 March 2017 section 261 District Court Act 2016 Section 513(a) replaced 15 October 1999 section 9 Local Government Amendment Act (No 5) 1999 514: Council may make advances to owners 1: The council may make advances to the owner of any land within the district for the purpose of enabling him to do all things necessary to comply with any requirement of the council under section 511 2: Instead of making any such advance to any owner, the council may, by agreement with the owner, itself do all or any of the things referred to in subsection (1), and all money expended by the council pursuant to that agreement, together with an amount to cover the cost of supervision by the officer or agents of the council, is deemed to be an advance for the purposes of this section. 3: The council and the owner may agree that the amount of any advance shall be repayable in 1 amount at a fixed time with interest at a rate per annum fixed by the council provided that, where the agreement makes no provision as aforesaid for early payment of instalments, the council shall accept payment of the whole of the unpaid instalments at any time when payment is tendered, and for the purpose of any such tender interest shall be paid up to and including the day of tender. 4: That agreement may, where the money is repayable in 1 amount, contain provisions for securing the repayment thereof, and, where the money is repayable by instalments, each such instalment is a charge on the land provided that the owner for the time being of the premises shall in all cases be deemed the person primarily liable for payment. 1908 No 96 s 63A; 1956 No 7 s 10 Section 514 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 Section 514(2) replaced 15 October 1999 section 10 Local Government Amendment Act (No 5) 1999 Section 514(3) amended 10 September 1999 section 6 Local Government Amendment Act (No 4) 1999 Section 514(4) amended 1 July 2003 section 137(1) Local Government (Rating) Act 2002 515: Removal of obstructions in watercourses outside the district 1: Where any watercourse under the control of the council extends beyond the limits of the district, and its obstruction is likely to cause loss of life, injury, or damage to property within the district, the council may, by notice in writing, require the occupier or, where there is no occupier, the owner of any land on the banks of the river, stream, or watercourse for a distance of 1 500 metres beyond the upstream boundary or downstream boundary of the district to remove any earth or stone, and any driftwood, tree, shrub, or bush, or any part thereof, impeding the free flow of water in that watercourse, or to lower or trim any part of a tree, shrub, or bush overhanging that watercourse and likely to fall therein, within the space of the aforesaid 1 500 metres. 2: Subsections (2) to (7) and (9)(b) of section 511 3: In this section the terms obstruction remove section 511(9) 1928 No 21 s 205; 1972 No 96 s 3(1); 1973 No 44 s 13(3) Section 515 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 General provisions Heading inserted 1 April 1980 section 2 Local Government Amendment Act 1979 516: Exercise of powers on roads and public works not under control of council Schedule 14 1956 No 64 s 233 Section 516 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 517: Bylaws for protection of land drainage works Without limiting the powers of the council to make bylaws conferred by section 684 a: to regulate the use of any constructed drainage channel under the control of the council: b: to determine the conditions on which other constructed public or private drainage channels may be connected or continue to be connected with any constructed drainage channel under the control of the council, including in those conditions the payment to the council of any annual or other charges: c: to compel owners of land on or adjoining which there are any watercourses or drainage channels to construct, maintain, and renew crossings thereover at places and in manner approved by the council: d: to regulate the construction and maintenance of crossings over watercourses and drainage channels: e: to provide that in the case of specified watercourses or drainage channels, or parts thereof, the crossings shall be bridges or culverts constructed at places and in manner approved by the council: f: to prohibit the passing over any watercourse or drainage channel except at appointed crossings: g: prohibiting interference without the consent of the council with dams, reservoirs, headworks, and buildings connected with drainage channels: h: to prohibit the widening and deepening of drainage channels, or the alteration of the course thereof, without the consent of the council: i: prohibiting or regulating the planting of any trees, hedges, or other plants or the erection of any structures on or within a specified distance from the banks of any watercourse or drainage channel where they will obstruct or be likely to obstruct the free passage along the banks of the watercourse or channel of machinery or apparatus used for the purpose of improving, maintaining, or cleaning watercourses or channels, and requiring owners and occupiers of land on which any trees, hedges, or other plants are planted or structures are erected in breach of the bylaws to remove them: j: regulating the erection of any structures or fences within a specified distance of any watercourse or drainage channel or in any place where they will obstruct or be likely to obstruct the free flow of flood waters in any existing flood channel: k: authorising the council to require the removal, burning, poisoning, cutting, or treating (whether with or without the removal of the burnt, poisoned, cut, or treated portions) of trees, plants, weeds, or growths that obstruct or will be likely to obstruct the free flow of water in any watercourse or drainage channel or the free flow of flood waters in any existing flood channel: l: to prohibit or regulate the pumping or releasing of water into any watercourse or drainage channel: m: generally, to prevent trespasses, nuisances, and obstructions to drainage channels, and to make all such provision as to the council may seem necessary or expedient for the protection and proper management of drainage channels. 1956 No 64 s 236 Section 517 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 29A: Divestment of land drainage schemes and water race schemes Part 29A inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 517A: This Part subject to Resource Management Act 1991 and Soil Conservation and Rivers Control Act 1941 Nothing in this Part derogates from the provisions of the Resource Management Act 1991 Soil Conservation and Rivers Control Act 1941 Section 517A inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 517B: Interpretation In this Part, unless the context otherwise requires,— drainage area Part 29 drainage channel channel section 503 land drainage scheme Part 29 land drainage works section 503 occupier scheme asset a: any estate or interest in any land, including all rights of occupation of land or buildings: b: all buildings, vehicles, plant, equipment, and machinery, and any rights therein: c: all financial reserves, and any rights therein: d: all securities within the meaning of the Securities Act 1978 e: all rights of any kind, including rights under Acts, deeds, agreements, or licences, and any kind of consent granted under the Resource Management Act 1991 f: annual revenue (or any proportion thereof) received by a local authority from land vested in the local authority in trust or as an endowment for the purpose of or in relation to the land drainage scheme or water race scheme; but does not include any interest in any such land scheme liabilities a: liabilities and obligations under any Act or agreement; and b: deposits and other debt securities within the meaning of the Securities Act 1978 c: contingent liabilities scheme owner scheme user water race section 422(1) water race area Part 25 water race scheme Part 25 Section 517B inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 517C: Purposes of this Part The purposes of this Part are— a: to enable any land drainage scheme or water race scheme to be transferred to the ownership and responsibility of the ratepayers served by the scheme where that is the wish of those ratepayers; and b: to ensure that the manner in which any such scheme is transferred protects— i: the interests of all ratepayers served by the scheme; and ii: the public interest in the effective operation of this Act and other Acts by local authorities. Section 517C inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 517D: Obligation of local authority to facilitate purposes 1: Where any local authority that has control of a land drainage scheme or water race scheme has reasonable grounds to believe that a significant proportion of scheme users may seek the transfer of that scheme under this Part, the local authority must, in relation to that scheme, take all reasonable steps to facilitate the operation of the provisions of this Part. 2: Reasonable steps under subsection (1) Section 517D inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 Transfer petitions and transfer proposals Heading inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 517E: Initiation of transfer Subject to section 517F a: a petition requesting the transfer of the land drainage scheme or water race scheme to the scheme users; and b: a transfer proposal. Section 517E inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 517F: Duty of local authority upon receipt of transfer petition and transfer proposal 1: No transfer petition or transfer proposal filed under section 517E a: the number of valid signatures to the transfer petition is not greater than 50% of the number of separately rateable properties served by the land drainage scheme or water race scheme; or b: the transfer proposal is the same or substantially similar to any proposal that has been filed with the local authority within the period of 36 months ending with the date on which the transfer petition is filed with the local authority. 2: Where any transfer petition or transfer proposal is of no effect under subsection (1), the local authority must notify the proposer or the proposer's representative accordingly. 3: Subject to subsection (1), where the local authority ascertains that a transfer proposal filed under section 517E section 517I 4: The return of the transfer proposal to the proposer under subsection (3) does not in any way preclude the proposer from once again filing a transfer petition under section 517E Section 517F inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 517G: Signatures to transfer petition 1: Subject to this section, every scheme user is entitled to sign the transfer petition filed under section 517E 2: Where there is more than 1 scheme user in respect of any property served by the land drainage scheme or water race scheme proposed to be transferred, every such scheme user is entitled to sign a petition requesting the transfer of the land drainage scheme or water race scheme; but not more than 1 signature in respect of any such property may be counted for the purpose of assessing the number of valid signatures to the petition. 3: For the purposes of this section, and section 517F 4: No person may sign any transfer petition more than once. 5: Every scheme user who signs a petition filed under section 517E a: the scheme user's name; and b: the address of the property in respect of which the scheme user is entitled by virtue of subsection (1) to sign the petition. Section 517G inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 517H: Proposer Every transfer proposal filed under section 517E a: the name of the proposer; and b: an address at which the proposer or a representative of the proposer can be contacted; and c: where a representative of the proposer is the person to be contacted, the name of that representative; and d: the grounds on which the proposer claims to be entitled to make the proposal. Section 517H inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 517I: Contents of transfer proposal The transfer proposal must— a: identify the land drainage scheme or water race scheme proposed to be transferred, which identification must be accompanied by a plan or other description sufficient to identify the land drainage scheme or water race scheme; and b: identify (by reference to the land or property which is served by the scheme and which is occupied by each scheme user) the scheme users to whom the scheme is to be transferred; and c: state whether it is the intention of the scheme users to whom the scheme is to be transferred— i: to have the scheme transferred to themselves as tenants in common; or ii: to have the scheme transferred, by their direction, to a body corporate comprised of those scheme users or acting on their behalf; or iii: to have the scheme transferred, by their direction, to persons appointed by them to hold the scheme in trust on their behalf; and d: identify the scheme assets and scheme liabilities; and e: identify the scheme assets and scheme liabilities proposed to be transferred with the scheme; and f: identify such of the assets identified in paragraph (e) as are, upon transfer of the scheme, to be purchased from the local authority (because they are not held or used by the local authority solely for the purposes of, or in relation to, the scheme to be transferred); and g: identify the price proposed to be paid or the method for determining the price that should be paid for the scheme assets identified in paragraph (f); and h: propose a procedure for the transfer of such of the scheme assets and scheme liabilities as are proposed to be transferred with the scheme and a timetable for their transfer; and i: identify any rights conferred by designations under operative district plans applying to any land relating to the scheme; and j: identify any rules or proposed rules in any regional plan or proposed regional plan relating to the scheme; and k: identify any resource consents relating to the scheme, including any water permits or discharge permits that have become resource consents under section 386 l: identify any leases, easements, permits, or rights of any kind in respect of any scheme assets or scheme liabilities. Section 517I inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 517J: Service of transfer proposal The proposer of a transfer proposal filed under section 517E a: every scheme user who is the operator of a drainage system or water supply system that utilises the scheme to which the transfer proposal relates; and b: every other scheme user in relation to the scheme to which the transfer proposal relates; and c: every local authority within whose district the scheme to which the transfer proposal relates is wholly or partly situated or which is otherwise likely to be affected by the transfer of that scheme (other than the local authority that has control of that scheme). Section 517J inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 517K: Right to object to transfer proposal Where a transfer proposal is filed under section 517E a: any scheme user who is the operator of a drainage system or water supply system that utilises the scheme to which the transfer proposal relates; and b: any other scheme user in relation to the scheme to which the transfer proposal relates; and c: any local authority within whose district the scheme to which the transfer proposal relates is wholly or partly situated or which is otherwise likely to be affected by the transfer of that scheme (including the local authority that has control of that scheme)— may, in accordance with this Part, object to the transfer proposal. Section 517K inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 517L: Notice of right to object Subject to section 517F(3) section 517E a: to every scheme user who is the operator of a drainage system or water supply system that utilises the scheme to which the transfer proposal relates; and b: to every other scheme user in relation to the scheme to which the transfer proposal relates; and c: to every local authority entitled under section 517K(c) a notice complying with section 517M Section 517L inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 517M: Contents of notice of right to object Every notice given under section 517L a: give notice of the local authority's receipt of the transfer petition and transfer proposal under section 517E b: give notice of the obligations of the proposer under section 517J c: invite any person (being a person entitled under section 517K d: advise that, where objections are received from— i: a local authority entitled under section 517K(c) ii: the operator of any other drainage system or water supply system that utilises the scheme; or iii: scheme users who are occupiers of not less than 5% of the number of separately rateable properties served by the land drainage scheme or water race scheme,— all the objections received by the local authority will be forwarded to the Commission for determination in accordance with section 517T e: advise that, where a local authority receives an objection under paragraph (d)(i) or paragraph (d)(ii), any objections received by the local authority under paragraph (d)(iii) will also be forwarded to the Commission, notwithstanding that those objections are from scheme users who are occupiers of less than 5% of the number of separately rateable properties served by the land drainage scheme or water race scheme. Section 517M inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 517N: Lodging of objections Every objection under section 517K a: must be made in writing; and b: must, within the time stipulated in the notice issued under section 517M c: must state the basis on which the person making the objection is entitled to do so under section 517K d: must, where the person making the objection is a scheme user who is the operator of a drainage system or water supply system that utilises the scheme to which the transfer proposal relates,— i: describe that drainage system or water supply system; and ii: state, against the scheme user's signature, the scheme user's name; and e: must, where the person making the objection is a scheme user (other than a scheme user to whom paragraph (d) i: the scheme user's name; and ii: the address of the property in respect of which the scheme user is entitled to lodge the objection; and f: must specify the grounds on which the objection is lodged, which grounds must be stated with sufficient particularity as to give full advice to both the Local Government Commission and other parties of the issues involved. Section 517N inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 517O: Service of copies of objections Every person who lodges an objection under section 517K Section 517O inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 517P: Notification by local authority of receipt of objections Within 7 days after the closing date for the lodging of written objections under section 517K a: must ascertain whether it has received any written objections from— i: any local authority entitled under section 517K(c) ii: the operator of any other drainage system or water supply system that utilises the scheme; or iii: scheme users who are occupiers of not less than 5% of the number of separately rateable properties served by the land drainage scheme or water race scheme; and b: must advise the proposer and all other scheme users and every local authority within whose district the scheme is wholly or partly situated or which is otherwise likely to be affected by the proposed transfer, whether or not, as a result of its finding under paragraph (a), the local authority is required by section 517S Section 517P inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 517Q: Procedure where transfer proposal not required to be forwarded to Commission Where the local authority finds, under section 517P section 517S Section 517Q inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 517R: Obligation of local authority to effect transfer Where a transfer proposal becomes a transfer plan under section 517Q a: to the scheme users of the land drainage scheme or water race scheme as tenants in common; or b: by direction of the scheme users of the land drainage scheme or water race scheme,— i: to any body corporate comprised of or acting on behalf of all the scheme users; or ii: where the scheme users of the land drainage scheme or water race scheme have appointed any persons to hold the scheme in trust on behalf of the scheme users, to those persons as joint tenants. Section 517R inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 517S: Procedure on receipt of objections 1: The local authority must, as soon as is practicable upon receipt by it of— a: an objection from a local authority entitled under section 517K(c) b: an objection from any scheme user who is the operator of a drainage system or water supply system that utilises the scheme; or c: objections from scheme users who are occupiers of not less than 5% of the number of separately rateable properties served by the land drainage scheme or water race scheme,— forward to the Commission the copies and information specified in subsection (2). 2: The copies and information required by subsection (1) to be forwarded to the Commission comprise— a: a copy of the transfer proposal; and b: a copy of every objection received by the local authority under section 517K c: such information concerning the characteristics of the land drainage scheme or water race scheme proposed to be transferred as is necessary for the purposes of section 517T Section 517S inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 517T: Duty of Commission to consider objections 1: Where the copy of the transfer proposal and the copies of the other documents are forwarded to the Commission under section 517S a: must ensure that the proposer or a representative of the proposer, and any person who has lodged a written objection under section 517K b: must consider, having regard to the criteria set out in section 517U i: the transfer proposal; and ii: each objection received; and iii: all other relevant information presented to or obtained by the Commission. 2: Where all objections to a transfer proposal have been considered and any further investigations or inquiries or negotiations considered by the Commission to be necessary or desirable have been made or carried out, the Commission must determine whether the transfer of the scheme is to proceed or not. 3: Where the Commission determines under subsection (2) that the proposed transfer is to proceed, the Commission may approve the transfer proposal with such modifications, if any, as the Commission thinks fit, being modifications which result from the objections made in relation to the transfer proposal or from any investigations, inquiries, or negotiations made or carried out in relation to that transfer proposal. 4: The determination of the Commission under subsections (2) and (3) is final. Section 517T inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 517U: Relevant criteria Where the Commission considers any transfer proposal under section 517T a: the purposes of local government as set out in section 37K b: the purposes of this Part as set out in section 517C c: the extent to which the transfer of the scheme would impact upon, or be prejudicial to, the operation of any other drainage system or water supply system that utilises the scheme; and d: the extent to which the transfer of the scheme would be oppressive, unfairly discriminatory, or unfairly prejudicial to any scheme user or particular scheme users; and e: the extent to which the transfer of the scheme would impact upon the functions, powers, and duties of any local authority under the Local Government Act 1974, the Resource Management Act 1991 Soil Conservation and Rivers Control Act 1941 Section 517U inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 517V: Notice of Commission's determination 1: Where the Commission makes a determination under section 517T a: forward a copy of that determination, together with a statement explaining the Commission's reasons for the determination to the local authority concerned and to the proposer or the proposer's representative; and b: give notice of the determination and explanatory statement to all scheme users and local authorities affected by the proposed transfer; and c: make a copy of the determination and a copy of the explanatory statement available for public inspection at the office of the Commission. 2: The local authority concerned must make a copy of the determination and a copy of the explanatory statement available for public inspection at its office. Section 517V inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 517W: Modification of support for transfer proposal 1: This section applies to any transfer proposal approved with modifications by the Commission under section 517T(3) 2: Where a local authority receives under section 517V(1) a: gives notice that the Local Government Commission has modified the transfer proposal; and b: states the Commission's obligations under paragraphs (b) and (c) of section 517V(1) c: states that any scheme user who signed the transfer petition under section 517G d: states that any scheme user who was entitled under section 517G e: states the local authority's obligations under subsection (3). 3: Within 7 days after the date specified under subsection (2)(c), the local authority must determine whether— a: after deleting any signature that is the subject of an application under subsection (2)(c); and b: after counting, as if it were a signature to the petition, any support for the petition recorded in accordance with an application under subsection (2)(d),— the number of valid signatures on the transfer petition is equal to or greater than 75% of the number of separately rateable properties served by the land drainage scheme or water race scheme. 4: Where the local authority determines under subsection (3) that the number of valid signatures on the transfer petition is not equal to or greater than 75% of the number of separately rateable properties served by the land drainage scheme or water race scheme, the local authority must notify every scheme user that the number of valid signatures on the transfer petition is insufficient and that the transfer proposal is not to proceed. Section 517W inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 Transfer plan Heading inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 517X: Procedure after determination 1: Where the Commission determines under section 517T(2) 2: Where, in relation to a transfer proposal to which section 517W Section 517X inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 517Y: Obligation of local authority to effect transfer Where a transfer proposal becomes a transfer plan under section 517X a: to the scheme users of the land drainage scheme or water race scheme as tenants in common; or b: by direction of the scheme users of the land drainage scheme or water race scheme,— i: to any body corporate comprised of or acting on behalf of the scheme users; or ii: where the scheme users of the land drainage scheme or water race scheme have appointed any person to hold the scheme in trust on behalf of the scheme users, to those persons as joint tenants. Section 517Y inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 Implementation of transfer plan Heading inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 517Z: Transfer by local authority of scheme assets and scheme liabilities 1: Notwithstanding any Act, rule of law, or agreement, where a transfer proposal becomes a transfer plan under section 517Q section 517X a: transfer to the person or group of persons to whom the scheme is transferred, the scheme assets and scheme liabilities; and b: vest in the person or group of persons to whom the scheme is transferred any rights conferred by designations under district plans applying to any land transferred pursuant to this Part; and c: grant to the person or group of persons to whom the scheme is transferred leases, easements, permits, consents, or rights of any kind in respect of any scheme assets or scheme liabilities as provided for by the transfer proposal, the amended transfer proposal, or the Commission's determination, as the case may be. 2: Where a local authority continues, on behalf of scheme users, to collect revenue from land vested in the local authority in trust or as an endowment for the purposes of or in relation to a land drainage scheme or water race scheme transferred under this Part, the local authority is entitled to deduct from such revenue all reasonable costs and expenses incurred in the collection of such revenue. 3: Where any designation is, under subsection (1)(b) vested in a person or group of persons, that person or group of persons may, within the period of 2 years beginning on the transfer day, apply under section 167 4: Scheme assets that are fixed to, or are under or over, any land may be transferred under this Part, whether or not any interest in the land is also transferred. Where any such asset is so transferred, the asset and the land are to be regarded as separate assets each capable of separate ownership. 5: Any scheme asset or scheme liability may be transferred under this Part, whether or not any Act or agreement relating to the asset or liability permits such transfer or requires any consent to such a transfer. 6: Where a transfer takes place pursuant to this section and the transfer is registrable, the person responsible for keeping the register must register the transfer forthwith after written notice of the transfer is received by him or her from any person authorised for that purpose by the local authority. Section 517Z inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 517ZA: Further provisions relating to transfer of scheme assets and scheme liabilities 1: Nothing in this Part— a: is to be regarded as placing the local authority, the scheme owner, or any other person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or b: is to be regarded as giving rise to a right for any person to terminate or cancel any contract or arrangement or to accelerate the performance of any obligation; or c: is to be regarded as placing the local authority, the scheme owner, or any other person in breach of any enactment or rule of law or contractual provision prohibiting, restricting, or regulating the assignment or transfer of any property or the disclosure of any information; or d: releases any surety wholly or in part from all or any obligation; or e: invalidates or discharges any contract or security. 2: Where a scheme asset or scheme liability is transferred to the scheme owner under section 517Z 3: Where— a: any scheme assets held or used by a local authority are held or used for the purposes of, or in relation to, any other land drainage scheme or water race scheme vested in the local authority; or b: any scheme liabilities are incurred by a local authority for the purposes of any other land drainage scheme or water race scheme vested in the local authority,— the scheme owner must indemnify the local authority for that proportion of the liability which represents the share of the land drainage scheme or water race scheme in any such scheme asset or scheme liability. 4: Any satisfaction or performance by the scheme owners in respect of the asset or liability is deemed to be also satisfaction or performance by the local authority. 5: Any satisfaction or performance in respect of the asset or liability by any third party to the benefit of the scheme owner is deemed to be also to the benefit of the local authority. Section 517ZA inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 517ZB: Rates and charges payable for proportionate part of year in certain circumstances 1: Where in any year a land drainage scheme or water race scheme is transferred under this Part before a local authority prescribes any charge or sets 2: If in any year a land drainage scheme or water race scheme is transferred under this Part, after any charge or rate in respect of the scheme has been prescribed or set for that year, the local authority may assess and collect the charge or rate, but the proportion of the charge or rate that was assessed for the purpose of the scheme and that was not expended by the local authority before the transfer of the scheme must be paid by the local authority to the scheme owner upon the transfer of the scheme. Section 517ZB inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 Section 517ZB(1) amended 1 July 2003 section 137(1) Local Government (Rating) Act 2002 Section 517ZB(2) replaced 1 July 2003 section 137(1) Local Government (Rating) Act 2002 517ZC: Rights of entry 1: Subject to subsections (2) to (6), any scheme owner may enter upon land (including land owned by the Crown) for the purpose of gaining access to any land drainage scheme or water race scheme owned by the scheme owner and may perform any act or operation necessary for the purpose of operating, inspecting, maintaining, or repairing any such scheme. 2: Subject to subsection (3), the power to enter upon land given by subsection (1) is subject to the following conditions: a: entry to the land may only be made by the scheme owner or any other person authorised by the scheme owner in writing, either specifically or as a member of a class so authorised by the scheme owner: b: reasonable notice of the intention to enter must be given: c: entry may be made only at reasonable times: d: the person entering must carry evidence of his or her authority and must produce such evidence on initial entry or if required to do so. 3: Nothing in subsection (2) applies where the entry is necessary in circumstances of probable danger to life or property. 4: In any situation to which subsection (3) applies, notice of the entry must be given as soon as is practicable, whether before or after the entry is made. 5: A person who enters upon any land in the exercise of the power given by subsection (1) must take all reasonable steps— a: to avoid or minimise the disturbance of any stock or poultry on the land; and b: to avoid or minimise any damage to or destruction of any fences, buildings, trees, or other property of any kind, other than property belonging to the scheme owner. 6: The scheme owner is liable to repair, or pay compensation for, any damage or loss suffered by any person as a result of any exercise of the power of entry given by subsection (1). 1987 No 116 s 12(1), (3) Section 517ZC inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 517ZD: Registration of rights 1: As soon as is reasonably practicable after the transfer of a land drainage scheme or water race scheme under this Part, the principal administrative officer of the local authority must furnish to the scheme owner a certificate that the rights of entry upon land referred to in section 517ZC(1) 2: The scheme owner must, upon receipt of the certificate, lodge it with the Registrar-General of Land, together with such plans, if any, as the Registrar-General of Land requires. 3: The Registrar-General of Land upon receipt of the certificate referred to in subsection (1) a: if the land affected or any part of it is not subject to the Land Transfer Act 2017 b: if the land affected or any part of it is subject to the Land Transfer Act 2017 4: If the land affected by the certificate to which this section applies or any part of it is not subject to the Land Transfer Act 2017 Deeds Registration Act 1908 5: No action lies against the Crown or any other person under subpart 3 of Part 2 6: Notwithstanding any enactment or rule of law to the contrary, any certificate registered under this section is deemed to be binding on any registered owner 7: Without limiting the provisions of this section, any right referred to in any certificate registered by the Registrar-General of Land under this section may be transferred, by a transfer instrument to be registered under the Land Transfer Act 2017 8: On and after the commencement of this section, nothing in— a: Part 5 b: section 708 c: section 29 d: section 10 applies to, or in respect of, any right to which subsection (1) applies. 9: Nothing in this section prejudices or affects any claim for compensation made before the commencement of this section under any of the Acts specified in subsection (8). 1990 No 52 s 4(6)(c), (7), (10)–(13) Section 517ZD inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 Section 517ZD(2) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 517ZD(3)(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 517ZD(3)(b) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 517ZD(4) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 517ZD(5) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 517ZD(6) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 517ZD(7) amended 12 November 2018 section 250 Land Transfer Act 2017 517ZE: Transfer of existing easements, etc 1: Where a land drainage scheme or water race scheme is transferred by a local authority under this Part, the benefit of any existing easement, agreement, or right over or in respect of land relating to land drainage works, drainage channels, water races, or other facilities, for the purposes of the scheme, is deemed to be transferred to the person or group of persons to whom the scheme is transferred, notwithstanding that the easement, agreement, or right may not have been registered. 2: In respect of any land to which subsection (1) applies, the local authority must, at the request of the scheme owner, by notice registered in accordance with this section against the title of the land, indicate the existence of the relevant easement, agreement, or right and the fact that it has been transferred to the scheme owner pursuant to subsection (1). 3: Every such notice must— a: be signed by the local authority; and b: specify the parcel of land affected; and c: have endorsed on the notice, or refer to, a diagram or plan showing the position or course of the land drainage works, drainage channels, water race, or other facility to which the easement, agreement, or right relates; and d: be lodged by the local authority with the Registrar-General of Land, who must register it against the title to that land. 4: Notwithstanding anything in subsection (3)(c), where it is not practicable to show on the diagram or plan the true position or course of the land drainage works, drainage channels, water race, or other facilities to which the easement, agreement, or right relates, the notice registered in accordance with this section must indicate the position or course as nearly as possible, and, until the contrary is proved, the position or course so indicated is deemed to be the true position or course. 5: Where any such notice has endorsed on it or refers to a diagram or plan to which subsection (4) applies and it is subsequently shown by a plan deposited by the Registrar-General of Land that the true position or course of the land drainage works, drainage channels, water race, or other facility differs from the position or course shown on the first-mentioned diagram or plan, the Registrar-General of Land must endorse on the notice and on any other appropriate titles, plans, or records a reference to the deposited plan; and the notice is thereupon deemed to have referred to the deposited plan from the date on which it was signed. 6: No action lies against the Crown under subpart 3 of Part 2 7: Notwithstanding any enactment or rule of law to the contrary, any notice registered under this section is deemed to be binding on any registered owner 8: Any easement, agreement, or right referred to in any notice registered under this section may be transferred, by a transfer instrument registered under the Land Transfer Act 2017 1990 No 52 s 5 Section 517ZE inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 Section 517ZE(3)(d) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 517ZE(6) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 517ZE(7) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 517ZE(8) amended 12 November 2018 section 250 Land Transfer Act 2017 517ZF: Transfer of water permits 1: Where a land drainage scheme or water race scheme is transferred by a local authority under this Part, any existing permit held by the local authority to dam any river or stream or to divert, take, use, or discharge water for the purposes of the scheme is deemed to be transferred to the person to whom, or the group of persons to which, the scheme is transferred. 2: Every permit so transferred continues to be subject to the same terms and conditions as those to which it was subject immediately before the date of transfer. 3: Every permit to which this section applies is subject to the provisions of any other enactment relating to it. 1990 No 52 s 7 1991 No 69 s 362 Section 517ZF inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 517ZG: Transfer of land 1: Nothing in sections 40 to 42 2: The Registrar-General of Land must endorse on every record of title 1990 No 52 ss 9(4) 10(2) Section 517ZG inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 Section 517ZG(2) amended 12 November 2018 section 250 Land Transfer Act 2017 517ZH: Section 11 and Part 10 of Resource Management Act 1991 and Part 21 of this Act not to apply Section 11 Part 10 Part 21 1990 No 52 s 12 1991 No 69 s 362 Section 517ZH inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 517ZI: Activity permitted as of right For the purposes of section 375(1)(a)(iii) section 375 1990 No 52 s 13 1991 No 69 s 362 Section 517ZI inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 517ZJ: Revocation of resolutions 1: On the transfer of any land drainage scheme or water race scheme under this Part,— a: that part of every resolution section 423 section 504 section 505 b: that part of every drainage district (being a drainage district that is deemed to be a drainage area constituted under Part 29 c: that part of every water race district (being a water race district that is deemed to be a water race area constituted under Part 25 d: that part of every irrigation district (being an irrigation district that is deemed to be a water race area constituted under Part 25 2: A local authority must Section 517ZJ inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 Section 517ZJ heading amended 7 July 2004 section 18(1) Local Government Act 1974 Amendment Act 2004 Section 517ZJ(1)(a) amended 7 July 2004 section 18(2) Local Government Act 1974 Amendment Act 2004 Section 517ZJ(2) amended 7 July 2004 section 18(3) Local Government Act 1974 Amendment Act 2004 517ZK: Power of local authority to enter into contracts with scheme owners Subject to Part 16A Section 517ZK inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 517ZL: Power to repair or maintain land drainage schemes and water races If a land drainage scheme or water race scheme is not repaired or maintained in a due state of efficiency, the owners or occupiers for the time being of the land through, on, or between which the land drainage scheme or water race scheme is situated may, after giving 7 clear days notice to the scheme owner of their intention to do so, repair or otherwise maintain the same in a due state of efficiency, and recover in a summary manner from the scheme owner a fair and equitable proportion of the expenses incurred by them in so doing. Section 517ZL inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 517ZM: Power of territorial authority to reconstitute land drainage or water race areas 1: A territorial authority may, upon receipt of a petition signed by the occupiers of a majority of the separately rateable properties served by a land drainage scheme or water race scheme, and with the agreement of the scheme owner, a: a drainage area for the purpose of land drainage works for the drainage of land in the area; or b: a water race area for the purpose of the construction and maintenance therein of water races and the supply of water therefrom. 2: Part 29 3: Part 25 4: Upon a drainage area or water race area being constituted under subsection (1),— a: the drainage channels and land drainage works relating to the land drainage scheme vest in the territorial authority; and b: the water races relating to the water race scheme vest in the territorial authority. Section 517ZM inserted 15 October 1999 section 11 Local Government Amendment Act (No 5) 1999 Section 517ZM(1) amended 7 July 2004 section 19 Local Government Act 1974 Amendment Act 2004 30: Supply of energy Part 30 repealed 7 October 1994 section 89(2) Energy Companies Act 1992 518: Interpretation Section 518 repealed 7 October 1994 section 89(2) Energy Companies Act 1992 Supply of energy by territorial authorities Heading repealed 7 October 1994 section 89(2) Energy Companies Act 1992 519: Territorial authority may light roads, etc, with energy Section 519 repealed 7 October 1994 section 89(2) Energy Companies Act 1992 520: Supply of energy Section 520 repealed 7 October 1994 section 89(2) Energy Companies Act 1992 521: Gas reticulation Section 521 repealed 1 February 1983 Gas Act 1982 522: Powers in respect of supply of energy Section 522 repealed 1 April 1993 section 173(2) Electricity Act 1992 523: Territorial authority may contract with other persons for lighting of roads and for supply of energy Section 523 repealed 7 October 1994 section 89(2) Energy Companies Act 1992 524: Territorial authority may install, purchase, or sell fittings and equipment Section 524 repealed 7 October 1994 section 89(2) Energy Companies Act 1992 525: Supply of energy to persons outside the district Section 525 repealed 7 October 1994 section 89(2) Energy Companies Act 1992 526: Works for supply of energy to vest in territorial authority Section 526 repealed 7 October 1994 section 89(2) Energy Companies Act 1992 527: Consumer to supply fittings Section 527 repealed 7 October 1994 section 89(2) Energy Companies Act 1992 528: Offences with respect to meters Section 528 repealed 7 October 1994 section 89(2) Energy Companies Act 1992 529: Territorial authority to fix price of energy Section 529 repealed 7 October 1994 section 89(2) Energy Companies Act 1992 530: Territorial authority may cut off supply of energy Section 530 repealed 7 October 1994 section 89(2) Energy Companies Act 1992 531: Recovery of energy charges Section 531 repealed 7 October 1994 section 89(2) Energy Companies Act 1992 532: Electricity or gas company may sell works to territorial authority Section 532 repealed 7 October 1994 section 89(2) Energy Companies Act 1992 533: Grants and advances to owners and occupiers for energy related purposes Section 533 repealed 7 October 1994 section 89(2) Energy Companies Act 1992 534: When advance not to be a charge on land Section 534 repealed 7 October 1994 section 89(2) Energy Companies Act 1992 535: Savings of agreements Section 535 repealed 7 October 1994 section 89(2) Energy Companies Act 1992 Supply of energy by regional councils or united councils Heading repealed 7 October 1994 section 89(2) Energy Companies Act 1992 536: Regional council or united council may undertake regional energy supply Section 536 repealed 1 July 1992 section 49 Local Government Amendment Act 1992 536A: Regional energy planning committee Section 536A repealed 1 July 1992 section 49 Local Government Amendment Act 1992 Agreements for supply of energy Heading repealed 7 October 1994 section 89(2) Energy Companies Act 1992 536B: Territorial authority, regional council, or united council may enter into arrangements with other bodies for the supply of energy Section 536B repealed 14 August 1986 section 8(2)(c) Local Government Amendment Act (No 3) 1986 31: Waste management Part 31 repealed 26 September 2008 section 61 Waste Minimisation Act 2008 537: Interpretation Section 537 repealed 26 September 2008 section 61 Waste Minimisation Act 2008 538: Duty of territorial authority to encourage efficient waste management Section 538 repealed 26 September 2008 section 61 Waste Minimisation Act 2008 539: Waste management plan Section 539 repealed 26 September 2008 section 61 Waste Minimisation Act 2008 540: Powers in respect of waste management Section 540 repealed 26 September 2008 section 61 Waste Minimisation Act 2008 540A: Collection and disposal of waste Section 540A repealed 26 September 2008 section 61 Waste Minimisation Act 2008 541: Waste management operations and facilities Section 541 repealed 26 September 2008 section 61 Waste Minimisation Act 2008 542: Bylaws Section 542 repealed 26 September 2008 section 61 Waste Minimisation Act 2008 543: Grants Section 543 repealed 26 September 2008 section 61 Waste Minimisation Act 2008 544: Allocation of costs Section 544 repealed 26 September 2008 section 61 Waste Minimisation Act 2008 Regional refuse collection and disposal Heading repealed 1 July 1992 section 50 Local Government Amendment Act 1992 545: Meaning of council Section 545 repealed 1 July 1992 section 50 Local Government Amendment Act 1992 546: Council may operate refuse collection and disposal services Section 546 repealed 1 July 1992 section 50 Local Government Amendment Act 1992 547: Powers of council in respect of refuse collection and disposal service Section 547 repealed 1 July 1992 section 50 Local Government Amendment Act 1992 548: Use of regional refuse disposal works by local authorities outside region Section 548 repealed 1 July 1992 section 50 Local Government Amendment Act 1992 32: Land development for housing, commercial, and industrial purposes Part 32 repealed 1 July 2003 section 266 Local Government Act 2002 549: Interpretation Section 549 repealed 1 July 2003 section 266 Local Government Act 2002 549A: United council and regional council may only act under this Part in response to developments for which it may determine development levy Section 549A repealed 1 July 1992 section 52(1) Local Government Amendment Act 1992 Development of land for housing Heading repealed 1 July 2003 section 266 Local Government Act 2002 550: Council may acquire land for housing Section 550 repealed 1 July 2003 section 266 Local Government Act 2002 551: Council may subdivide land Section 551 repealed 1 July 2003 section 266 Local Government Act 2002 552: Council may erect or purchase or convert houses Section 552 repealed 1 July 2003 section 266 Local Government Act 2002 553: Erection of flats and sale of flats Section 553 repealed 1 July 2003 section 266 Local Government Act 2002 554: Council may sell or lease houses and building sections Section 554 repealed 1 July 2003 section 266 Local Government Act 2002 555: Provisions as to leases Section 555 repealed 1 July 2003 section 266 Local Government Act 2002 556: Leasehold-purchase schemes Section 556 repealed 1 July 2003 section 266 Local Government Act 2002 557: Leases to employees of council may be by private contract Section 557 repealed 1 July 2003 section 266 Local Government Act 2002 558: Repayment of advances and purchase money Section 558 repealed 1 July 2003 section 266 Local Government Act 2002 559: Council may decline to sell or lease without giving reasons Section 559 repealed 30 March 1985 section 33 Local Government Amendment Act 1985 560: Sale or lease of land for housing Section 560 repealed 1 July 2003 section 266 Local Government Act 2002 561: Council may sell or lease surplus land Section 561 repealed 1 July 2003 section 266 Local Government Act 2002 562: Accounting of proceeds of sale or lease of building allotments Section 562 repealed 1 July 1998 section 10(1) Local Government Amendment Act (No 3) 1996 Advances to financial institutions and guarantees of housing loans Heading repealed 1 July 2003 section 266 Local Government Act 2002 563: Advances by council towards loans for housing purposes Section 563 repealed 1 July 2003 section 266 Local Government Act 2002 564: Guarantees by council of portions of mortgages granted for housing purposes Section 564 repealed 1 July 2003 section 266 Local Government Act 2002 565: Power of council to guarantee loans for erection of flats Section 565 repealed 1 July 2003 section 266 Local Government Act 2002 566: Council may guarantee certain replacement mortgages Section 566 repealed 1 July 2003 section 266 Local Government Act 2002 567: Provisions affecting mortgages Section 567 repealed 1 July 2003 section 266 Local Government Act 2002 568: Mortgages securing premium instead of interest Section 568 repealed 1 July 2003 section 266 Local Government Act 2002 569: Mortgages of leases Section 569 repealed 1 July 2003 section 266 Local Government Act 2002 570: Extending lending powers of financial institutions Section 570 repealed 1 July 2003 section 266 Local Government Act 2002 571: Insurance fund Section 571 repealed 1 July 2003 section 266 Local Government Act 2002 Commercial and industrial development Heading repealed 1 July 2003 section 266 Local Government Act 2002 572: Development, sale, or lease of land and buildings for commercial or industrial purposes Section 572 repealed 1 July 2003 section 266 Local Government Act 2002 Miscellaneous provisions Heading repealed 1 July 2003 section 266 Local Government Act 2002 573: Validity of documents and resolutions Section 573 repealed 1 July 2003 section 266 Local Government Act 2002 574: Borrowing powers of council Section 574 repealed 1 July 2003 section 266 Local Government Act 2002 575: Registration of agreements for sale Section 575 repealed 1 July 2003 section 266 Local Government Act 2002 33: Farming and afforestation Part 33 repealed 1 July 2003 section 266 Local Government Act 2002 Farming Heading repealed 1 July 2003 section 266 Local Government Act 2002 575A: Interpretation Section 575A repealed 1 July 2003 section 266 Local Government Act 2002 575B: Regional councils Section 575B repealed 1 July 2003 section 266 Local Government Act 2002 576: Power to undertake farming operations Section 576 repealed 1 July 2003 section 266 Local Government Act 2002 Forestry Heading repealed 1 July 2003 section 266 Local Government Act 2002 577: Power to establish, tend, and utilise forests Section 577 repealed 1 July 2003 section 266 Local Government Act 2002 578: Management plans Section 578 repealed 1 July 2003 section 266 Local Government Act 2002 579: Licences to take forest produce Section 579 repealed 1 July 2003 section 266 Local Government Act 2002 580: Permits for temporary occupation Section 580 repealed 1 July 2003 section 266 Local Government Act 2002 581: Licences for grazing and other purposes Section 581 repealed 1 July 2003 section 266 Local Government Act 2002 582: Improvements effected by licensee Section 582 repealed 1 July 2003 section 266 Local Government Act 2002 583: Forfeiture of licences and permits Section 583 repealed 1 July 2003 section 266 Local Government Act 2002 584: Grants for research Section 584 repealed 1 July 2003 section 266 Local Government Act 2002 585: Grants for destruction of pests or weeds Section 585 repealed 1 July 2003 section 266 Local Government Act 2002 586: Forest bylaws Section 586 repealed 1 July 2003 section 266 Local Government Act 2002 34: Public services Part 34 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 Conveyance of passengers and goods Heading repealed 1 July 2003 section 266 Local Government Act 2002 586A: Interpretation Section 586A repealed 1 July 2003 section 266 Local Government Act 2002 587: Territorial authority may establish services for conveyance of passengers and goods Section 587 repealed 1 July 2003 section 266 Local Government Act 2002 588: Territorial authority may establish ferry services Section 588 repealed 1 July 2003 section 266 Local Government Act 2002 589: Person carrying on transport or ferry service may sell undertaking to territorial authority Section 589 repealed 1 July 2003 section 266 Local Government Act 2002 Vehicle-testing stations Heading repealed 1 July 2003 section 266 Local Government Act 2002 590: Vehicle-testing stations Section 590 repealed 1 July 2003 section 266 Local Government Act 2002 Parking places and buildings and transport stations Heading inserted 1 April 1980 section 2 Local Government Amendment Act 1979 591: Provision of parking places and buildings and transport stations 1: The council may provide parking places and buildings and transport stations, and for that purpose may— a: take, purchase, or otherwise acquire any land or buildings or erect any buildings in or near to the district: b: utilise any land or buildings that may lawfully be appropriated for the purpose: c: take all such steps as the council thinks necessary to adapt for use as a parking place or building or transport station any land or building that it may acquire or utilise under this section: d: authorise the use as a parking place or transport station of any part of a road: e: appoint any place or any road or any specified part of any place or road as a transport station for the exclusive use of vehicles engaged in any passenger service or goods service or any other transport service. 2: The council shall not authorise the use of any part of a road as a parking place or transport station so as unreasonably to prevent access to any premises adjoining the road, or the use of the road by any person entitled to the use thereof, or so as to be a nuisance. 3: The exercise by the council of its power under this section with respect to the use of any part of a road shall not render it subject to any liability in respect of loss of or damage to any vehicle or the fittings or contents of any vehicle. 4: Except as provided in bylaws made pursuant to section 591A 5: The council may, in the exercise of its power of leasing and letting under Part 14 6: In this section— parking place transport station and each of those expressions includes all necessary approaches and means of entrance to and egress from any such place, and all such buildings, ticket offices, waiting rooms, cloak rooms, structures, appliances, and other facilities as the council considers to be necessary or desirable for the efficient use of that place for the purpose for which it is provided and the collection of charges in relation to that use. 1954 No 76 s 177(1)–(4), (8), (9); 1956 No 64 s 199(1)–(4), (8), (9) Section 591 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 Section 591(1) proviso repealed 1 July 1992 section 56 Local Government Amendment Act 1992 591A: Bylaws as to parking places and transport stations Section 591A repealed 10 May 2011 section 100(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 592: Territorial authority may guarantee loans for parking buildings or parking spaces Section 592 repealed 1 July 2003 section 266 Local Government Act 2002 Information centres and public relations offices Heading repealed 1 July 2003 section 266 Local Government Act 2002 593: Council may operate information centres and public relations offices Section 593 repealed 1 July 2003 section 266 Local Government Act 2002 Public relations and public information Heading repealed 1 July 2003 section 266 Local Government Act 2002 593A: Power of regional council to engage in public relations and public information activities Section 593A repealed 1 July 2003 section 266 Local Government Act 2002 Promotion of tourism Heading repealed 1 July 2003 section 266 Local Government Act 2002 593B: Tourism Section 593B repealed 1 July 2003 section 266 Local Government Act 2002 Camping ground accommodation Heading repealed 1 July 2003 section 266 Local Government Act 2002 594: Council may operate camping grounds, cabins, huts, and motels Section 594 repealed 1 July 2003 section 266 Local Government Act 2002 34A: Local authority trading enterprises and divestment of undertakings Part 34A repealed 1 July 2003 section 266 Local Government Act 2002 594A: Commencement Section 594A repealed 1 July 2003 section 266 Local Government Act 2002 594B: Definition of local authority trading enterprise Section 594B repealed 1 July 2003 section 266 Local Government Act 2002 594C: Transfer of existing undertaking to local authority trading enterprise where local authorities have majority interest Section 594C repealed 1 July 2003 section 266 Local Government Act 2002 594D: Transfer of existing undertaking to local authority trading enterprise or other entity in which local authority will not have majority interest Section 594D repealed 1 July 2003 section 266 Local Government Act 2002 594E: Prohibition on transfer of regulatory functions Section 594E repealed 1 July 2003 section 266 Local Government Act 2002 594F: Reduction of interest in local authority trading enterprise Section 594F repealed 1 July 2003 section 266 Local Government Act 2002 594G: Listing on Stock Exchange only after special consultative procedures followed Section 594G repealed 1 July 2003 section 266 Local Government Act 2002 594H: Ability to hold equity securities in local authority trading enterprises Section 594H repealed 1 July 2003 section 266 Local Government Act 2002 Establishment procedures Heading repealed 1 July 2003 section 266 Local Government Act 2002 594I: Establishment units Section 594I repealed 1 July 2003 section 266 Local Government Act 2002 594J: Function of establishment units Section 594J repealed 1 July 2003 section 266 Local Government Act 2002 594K: Establishment plan Section 594K repealed 1 July 2003 section 266 Local Government Act 2002 594L: Application of Local Government Official Information and Meetings Act 1987 Section 594L repealed 1 July 2003 section 266 Local Government Act 2002 594M: Establishment unit where more than 1 local authority involved Section 594M repealed 1 July 2003 section 266 Local Government Act 2002 594N: Power of establishment unit in relation to divestment plan Section 594N repealed 1 July 2003 section 266 Local Government Act 2002 594O: Power of local authority in relation to divestment of undertakings Section 594O repealed 1 July 2003 section 266 Local Government Act 2002 594P: Effect of establishment unit determinations and recommendations Section 594P repealed 1 July 2003 section 266 Local Government Act 2002 Principal objective of local authority trading enterprise Heading repealed 1 July 2003 section 266 Local Government Act 2002 594Q: Principal objective to be successful business Section 594Q repealed 1 July 2003 section 266 Local Government Act 2002 594QA: Scope of operation of local authority trading enterprises that are passenger transport companies or that may receive payments for land transport related projects Section 594QA repealed 1 July 2003 section 266 Local Government Act 2002 594R: Directors and their role Section 594R repealed 1 July 2003 section 266 Local Government Act 2002 Statement of corporate intent Heading repealed 1 July 2003 section 266 Local Government Act 2002 594S: Statement of corporate intent Section 594S repealed 1 July 2003 section 266 Local Government Act 2002 594T: Contents of statement of corporate intent Section 594T repealed 1 July 2003 section 266 Local Government Act 2002 594U: Completion of statement of corporate intent Section 594U repealed 1 July 2003 section 266 Local Government Act 2002 594V: Modifications of statement of corporate intent Section 594V repealed 1 July 2003 section 266 Local Government Act 2002 594W: Obligation to make statement of corporate intent available Section 594W repealed 1 July 2003 section 266 Local Government Act 2002 594X: Circumstances in which statement of corporate intent not required Section 594X repealed 1 July 2003 section 266 Local Government Act 2002 594Y: Savings of certain transactions Section 594Y repealed 1 July 2003 section 266 Local Government Act 2002 594Z: Reports and accounts Section 594Z repealed 1 July 2003 section 266 Local Government Act 2002 594ZA: Protection from disclosure of sensitive information Section 594ZA repealed 1 July 2003 section 266 Local Government Act 2002 594ZB: Public availability of documents Section 594ZB repealed 1 July 2003 section 266 Local Government Act 2002 594ZC: Auditor-General to be auditor of local authority trading enterprises and subsidiaries Section 594ZC repealed 1 July 2003 section 266 Local Government Act 2002 594ZD: Application of Act to related and associated companies Section 594ZD repealed 1 July 2003 section 266 Local Government Act 2002 Transfers of undertakings Heading repealed 1 July 2003 section 266 Local Government Act 2002 594ZE: Transfer of leases, licences, etc, to local authority trading enterprises Section 594ZE repealed 1 July 2003 section 266 Local Government Act 2002 594ZF: Modification of provisions of Public Works Act 1981 Section 594ZF repealed 1 July 2003 section 266 Local Government Act 2002 594ZG: Obligation to lodge caveat Section 594ZG repealed 1 July 2003 section 266 Local Government Act 2002 594ZH: Exclusion of Public Bodies Leases Act 1969 Section 594ZH repealed 1 July 2003 section 266 Local Government Act 2002 594ZI: Liabilities in respect of undertakings Section 594ZI repealed 1 July 2003 section 266 Local Government Act 2002 594ZJ: Certain matters not affected by transfer of undertaking to local authority trading enterprise Section 594ZJ repealed 1 July 2003 section 266 Local Government Act 2002 594ZK: Consequential provisions on transfer of undertaking to local authority trading enterprise Section 594ZK repealed 1 July 2003 section 266 Local Government Act 2002 594ZL: Stamp duty exemption Section 594ZL repealed 20 May 1999 section 7 Stamp Duty Abolition Act 1999 594ZM: Application of Income Tax Act 1994 Section 594ZM repealed 1 July 2003 section 266 Local Government Act 2002 594ZN: Uses deemed to be permitted uses Section 594ZN repealed 7 July 1993 section 362 Resource Management Act 1991 594ZO: Exclusion Section 594ZO repealed 1 July 2003 section 266 Local Government Act 2002 594ZP: Prohibition on guarantees, etc Section 594ZP repealed 1 July 2003 section 266 Local Government Act 2002 594ZPA: Restriction on lending to local authority trading enterprise Section 594ZPA repealed 1 July 2003 section 266 Local Government Act 2002 34B: Transport-related enterprises and divestment of undertakings Part 34B repealed 13 November 2003 section 90 Land Transport Management Act 2003 594ZQ: Interpretation Section 594ZQ repealed 13 November 2003 section 90 Land Transport Management Act 2003 594ZR: Local authority not to conduct passenger transport operation Section 594ZR repealed 13 November 2003 section 90 Land Transport Management Act 2003 594ZS: Directors of passenger transport companies, etc Section 594ZS repealed 13 November 2003 section 90 Land Transport Management Act 2003 594ZT: Passenger transport companies incorporated before commencement of this Part Section 594ZT repealed 13 November 2003 section 90 Land Transport Management Act 2003 594ZU: Regional council not to have interest in passenger transport undertaking or operation Section 594ZU repealed 13 November 2003 section 90 Land Transport Management Act 2003 594ZUA: Unitary authority not to have interest in passenger transport undertaking or operation after 30 June 1992 Section 594ZUA repealed 13 November 2003 section 90 Land Transport Management Act 2003 594ZV: Divestment units Section 594ZV repealed 13 November 2003 section 90 Land Transport Management Act 2003 594ZW: Function of divestment units Section 594ZW repealed 13 November 2003 section 90 Land Transport Management Act 2003 594ZX: Divestment plan Section 594ZX repealed 13 November 2003 section 90 Land Transport Management Act 2003 594ZY: Sale to territorial authorities Section 594ZY repealed 1 July 1992 Local Government Amendment Act (No 2) 1992 594ZZ: Application of Local Government Official Information and Meetings Act 1987 Section 594ZZ repealed 13 November 2003 section 90 Land Transport Management Act 2003 594ZZA: Determination and approval of regional council divestment plan Section 594ZZA repealed 13 November 2003 section 90 Land Transport Management Act 2003 594ZZB: Passenger transport interests, undertakings, and operations to be sold Section 594ZZB repealed 13 November 2003 section 90 Land Transport Management Act 2003 594ZZC: Duty to act in furtherance of objects of this Part Section 594ZZC repealed 13 November 2003 section 90 Land Transport Management Act 2003 594ZZD: Regional council not to enter into contracts Section 594ZZD repealed 13 November 2003 section 90 Land Transport Management Act 2003 594ZZE: Public availability of documents Section 594ZZE repealed 13 November 2003 section 90 Land Transport Management Act 2003 594ZZF: Financial assistance from National Roads Section 594ZZF repealed 13 November 2003 section 90 Land Transport Management Act 2003 594ZZG: Financial assistance to be identified Section 594ZZG repealed 13 November 2003 section 90 Land Transport Management Act 2003 594ZZH: Repayment of financial assistance Section 594ZZH repealed 13 November 2003 section 90 Land Transport Management Act 2003 594ZZI: Control of local authority powers in relation to passenger transport operations Section 594ZZI repealed 13 November 2003 section 90 Land Transport Management Act 2003 594ZZJ: Supply of information Section 594ZZJ repealed 13 November 2003 section 90 Land Transport Management Act 2003 594ZZK: Uses deemed to be permitted uses Section 594ZZK repealed 13 November 2003 section 90 Land Transport Management Act 2003 35: Public health and well-being Part 35 repealed 1 July 2003 section 266 Local Government Act 2002 595: General powers of territorial authority with respect to public health and well-being Section 595 repealed 1 July 2003 section 266 Local Government Act 2002 596: Particular powers of territorial authority with respect to public health and well-being Section 596 repealed 1 July 2003 section 266 Local Government Act 2002 597: Medical practitioners' surgeries Section 597 repealed 1 July 2003 section 266 Local Government Act 2002 36: Recreation and community development Part 36 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 597A: Interpretation Section 597A repealed 1 July 2003 section 266 Local Government Act 2002 598: Council may promote community welfare Section 598 repealed 1 July 2003 section 266 Local Government Act 2002 599: Council may maintain public baths, swimming baths, and bath houses Section 599 repealed 1 July 2003 section 266 Local Government Act 2002 600: Public baths, swimming baths, and bath houses to be subject to bylaws Section 600 repealed 1 July 2003 section 266 Local Government Act 2002 601: Powers of council in relation to recreation and community development Section 601 repealed 1 July 2003 section 266 Local Government Act 2002 601A: Powers of council in relation to historic land or buildings Section 601A repealed 1 July 2003 section 266 Local Government Act 2002 602: Information services Section 602 repealed 1 July 2003 section 266 Local Government Act 2002 603: Entertainments on Sunday, Good Friday, or Christmas Day Section 603 repealed 1 July 2003 section 266 Local Government Act 2002 Community centres Heading repealed 1 July 2003 section 266 Local Government Act 2002 604: Interpretation Section 604 repealed 1 July 2003 section 266 Local Government Act 2002 605: Council may provide or contribute towards establishment and maintenance of community centres Section 605 repealed 1 July 2003 section 266 Local Government Act 2002 606: Community centre areas Section 606 repealed 1 July 2003 section 266 Local Government Act 2002 607: Joint community centre area Section 607 repealed 1 July 2003 section 266 Local Government Act 2002 608: Control and management of community centre Section 608 repealed 1 July 2003 section 266 Local Government Act 2002 609: Finance Section 609 repealed 1 July 2003 section 266 Local Government Act 2002 610: Electors may petition for and participate in poll relating to uniform fee for community centre Section 610 repealed 1 July 2003 section 266 Local Government Act 2002 611: Charge on certain rateable property Section 611 repealed 1 July 2003 section 266 Local Government Act 2002 612: Fee or charge in respect of dwelling units owned by Crown Section 612 repealed 1 July 2003 section 266 Local Government Act 2002 613: Bylaws Section 613 repealed 1 July 2003 section 266 Local Government Act 2002 614: Community centre area a defined part of district Section 614 repealed 1 July 1998 section 10(1) Local Government Amendment Act (No 3) 1996 615: Powers conferred by other Acts not affected Section 615 repealed 1 July 2003 section 266 Local Government Act 2002 Boat havens Heading repealed 1 July 2003 section 266 Local Government Act 2002 616: Construction or maintenance of boat haven Section 616 repealed 1 July 2003 section 266 Local Government Act 2002 Local and regional reserves Heading repealed 2 July 2008 section 270 Local Government Act 2002 617: Council may borrow for improvement of public reserves managed and controlled by it Section 617 repealed 1 July 1998 section 10(1) Local Government Amendment Act (No 3) 1996 618: Surplus money appropriated for any reserve may be expended on other reserves Section 618 repealed 1 July 2003 section 266 Local Government Act 2002 619: Powers of Wellington Regional Council Section 619 repealed 2 July 2008 section 270 Local Government Act 2002 619A: Auckland catchment land Section 619A repealed 1 July 2003 section 266 Local Government Act 2002 619B: Auckland regional parks and reserves Section 619B repealed 1 July 2003 section 266 Local Government Act 2002 619C: Wellington regional parks Section 619C repealed 2 July 2008 section 270 Local Government Act 2002 619D: Management plans for regional parks Section 619D repealed 2 July 2008 section 270 Local Government Act 2002 619E: Contents of management plans Section 619E repealed 2 July 2008 section 270 Local Government Act 2002 619F: Public notice of preparation of first management plan Section 619F repealed 2 July 2008 section 270 Local Government Act 2002 619G: Public notice of draft management plan Section 619G repealed 2 July 2008 section 270 Local Government Act 2002 619H: Obligation to consider submissions and make amendments Section 619H repealed 2 July 2008 section 270 Local Government Act 2002 619I: Review and change of management plans Section 619I repealed 2 July 2008 section 270 Local Government Act 2002 Tree planting, gardens, and lawns Heading repealed 1 July 2003 section 266 Local Government Act 2002 620: Council may expend money for tree planting Section 620 repealed 1 July 2003 section 266 Local Government Act 2002 621: Gardens and lawns Section 621 repealed 1 July 2003 section 266 Local Government Act 2002 37: Buildings Part 37 repealed 1 July 1992 Building Act 1991 622: Council defined Section 622 repealed 1 July 1992 Building Act 1991 Dangerous, deserted and dilapidated buildings Heading repealed 1 July 1992 Building Act 1991 623: Powers of council with respect to dangerous, deserted, ruinous, and dilapidated buildings Section 623 repealed 1 July 1992 Building Act 1991 624: Powers of council with respect to buildings likely to be dangerous in moderate earthquake Section 624 repealed 1 July 1992 Building Act 1991 625: Appeal to High Court Section 625 repealed 1 July 1992 Building Act 1991 626: Cost incurred to be a charge on land Section 626 repealed 1 July 1992 Building Act 1991 Buildings for public meetings Heading repealed 1 July 1992 Building Act 1991 627: Interpretation Section 627 repealed 1 July 1992 Building Act 1991 628: Buildings for public meetings, etc, to be licensed and inspected Section 628 repealed 1 July 1992 Building Act 1991 629: Register of licensed buildings Section 629 repealed 1 July 1992 Building Act 1991 630: Inspection of licensed buildings Section 630 repealed 1 July 1992 Building Act 1991 631: Passages in and exits from licensed public buildings to be kept clear Section 631 repealed 1 July 1992 Building Act 1991 632: Regulations for protection of public from danger from fire or other emergency in theatres, etc Section 632 repealed 1 July 1992 Building Act 1991 633: Cancellation or suspension of licence Section 633 repealed 1 July 1992 Building Act 1991 634: Penalty for using unlicensed building Section 634 repealed 1 July 1992 Building Act 1991 635: Further provisions with respect to licensing of buildings for public meetings, etc Section 635 repealed 1 July 1992 Building Act 1991 Apartment buildings and residential institutions Heading repealed 1 July 1992 Building Act 1991 636: Apartment buildings and residential institutions to be licensed Section 636 repealed 1 July 1992 Building Act 1991 636A: Inspection of residential institution where disabled person resides Section 636A repealed 1 July 1992 Building Act 1991 Fire prevention and safety in factories Heading repealed 1 July 1992 Building Act 1991 636B: Interpretation Section 636B repealed 1 July 1992 Building Act 1991 636C: Application to the Crown Section 636C repealed 1 July 1992 Building Act 1991 636D: Factories to have fire safety certificates Section 636D repealed 1 July 1992 Building Act 1991 636E: Changes to factory premises, staffing, or activities after fire safety certificate issued Section 636E repealed 1 July 1992 Building Act 1991 636F: Occupier of factory to maintain means of escape and fire alarm system Section 636F repealed 1 July 1992 Building Act 1991 636G: Provision of fire-fighting equipment Section 636G repealed 1 July 1992 Building Act 1991 636H: Powers of entry and inspection to ensure compliance with fire bylaws and requirements Section 636H repealed 1 July 1992 Building Act 1991 636I: Objections against notices or requirements Section 636I repealed 1 July 1992 Building Act 1991 636J: Appeals against notices or requirements Section 636J repealed 1 July 1992 Building Act 1991 636K: Notices served by council to be suspended pending determination of appeal Section 636K repealed 1 July 1992 Building Act 1991 636L: Offences Section 636L repealed 1 July 1992 Building Act 1991 636M: Penalties Section 636M repealed 1 July 1992 Building Act 1991 636N: Power to order contravention to be remedied Section 636N repealed 1 July 1992 Building Act 1991 636O: Procedure relating to offences Section 636O repealed 1 July 1992 Building Act 1991 636P: Fire safety certificates issued under Factories Act 1946 to continue in force Section 636P repealed 1 July 1992 Building Act 1991 Preventing overcrowding Heading repealed 1 July 1992 Building Act 1991 637: Overcrowding of buildings Section 637 repealed 1 July 1992 Building Act 1991 638: Illegal occupation of building Section 638 repealed 1 July 1992 Building Act 1991 639: Removal of building illegally erected, etc Section 639 repealed 1 July 1992 Building Act 1991 Miscellaneous provisions Heading repealed 1 July 1992 Building Act 1991 640: Design and construction of buildings to resist earthquake shocks Section 640 repealed 1 July 1992 Building Act 1991 641: Refusal of building permit Section 641 repealed 1 July 1992 Building Act 1991 641A: Power to issue building permit where land subject to erosion, subsidence, slippage, or inundation Section 641A repealed 1 July 1992 Building Act 1991 641B: Giving of security Section 641B repealed 1 July 1992 Building Act 1991 641C: Objections and appeals Section 641C repealed 1 July 1992 Building Act 1991 641D: Notification to the Crown Section 641D repealed 1 July 1992 Building Act 1991 642: Temporary buildings Section 642 repealed 1 July 1992 Building Act 1991 643: Permit for erection of building on 2 or more allotments Section 643 repealed 1 July 1992 Building Act 1991 644: Thermal insulation of new residential buildings Section 644 repealed 1 July 1992 Building Act 1991 38: Urban renewal Part 38 repealed 1 July 2003 section 266 Local Government Act 2002 644A: Interpretation Section 644A repealed 1 July 2003 section 266 Local Government Act 2002 644B: Council may undertake urban renewal Section 644B repealed 1 July 2003 section 266 Local Government Act 2002 644C: Notice of urban renewal to be given Section 644C repealed 1 July 2003 section 266 Local Government Act 2002 644D: Provisions as to subdivisions and development to be complied with Section 644D repealed 1 July 2003 section 266 Local Government Act 2002 644E: Advances by council to owners Section 644E repealed 1 July 2003 section 266 Local Government Act 2002 644F: Acquisition of land by council where house unfit for habitation or area below minimum Section 644F repealed 1 July 2003 section 266 Local Government Act 2002 39: Prevention of fires Part 39 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 645: Council defined Section 645 repealed 1 July 2003 section 266 Local Government Act 2002 646: Fire prevention Section 646 repealed 1 July 2003 section 266 Local Government Act 2002 647: Fire hydrants 1: In every part of the district in which there is a water supply provided under section 130 with the approval of Fire and Emergency New Zealand 2: Where a water supply is provided in the district or in any part of the district by any other local authority, the council may arrange with that local authority to fix fire hydrants in the main pipes, other than trunk mains, situated in the district or in that part, as the case may be. 3: Fire hydrants shall be fixed at such distances from each other as the council decides with the approval of Fire and Emergency New Zealand 4: The council shall put near each fire hydrant a conspicuous notice or a mark of a kind approved by Fire and Emergency New Zealand 5: In this section the term trunk main 6: Where the council is dissatisfied with any decision of Fire and Emergency New Zealand the District Court 1954 No 76 s 257; 1956 No 64 s 285; 1972 No 131 s 12; 1972 No 132 s 23 Section 647 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 Section 647(1) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 647(1) amended 7 July 2004 section 20 Local Government Act 1974 Amendment Act 2004 Section 647(3) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 647(4) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 647(6) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 647(6) amended 1 March 2017 section 261 District Court Act 2016 648: Pipes to be kept charged with water 1: Except in case of unusual drought, or of accident, or of shortage from any cause of the water supply, or during necessary repairs, connections, or inspections, or in a case of a state of emergency declared under the Civil Defence Emergency Management Act 2002 section 647 2: Subject to the overall requirements of any controller while a state of emergency exists under the Civil Defence Emergency Management Act 2002 Section 648 replaced 1 December 2002 section 117 Civil Defence Emergency Management Act 2002 649: Council to make bylaws in respect of prevention of spread of fires involving vegetation Section 649 repealed 1 July 2003 section 266 Local Government Act 2002 650: Removal of scrub, etc, likely to constitute a fire hazard Section 650 repealed 1 July 2003 section 266 Local Government Act 2002 39A: Navigation Part 39A repealed 23 October 2013 section 85(2)(a) Maritime Transport Amendment Act 2013 650A: Councils may carry out harbour works Section 650A repealed 23 October 2013 section 85(2)(a) Maritime Transport Amendment Act 2013 650B: Appointment of harbourmasters, enforcement officers, and honorary officers Section 650B repealed 23 October 2013 section 85(2)(a) Maritime Transport Amendment Act 2013 650C: General powers of harbourmasters and enforcement officers Section 650C repealed 23 October 2013 section 85(2)(a) Maritime Transport Amendment Act 2013 650D: Harbourmaster may remove ships Section 650D repealed 23 October 2013 section 85(2)(a) Maritime Transport Amendment Act 2013 650E: Harbourmasters and others may regulate some navigation activities Section 650E repealed 23 October 2013 section 85(2)(a) Maritime Transport Amendment Act 2013 650F: Application of section 710 and other requirements Section 650F repealed 23 October 2013 section 85(2)(a) Maritime Transport Amendment Act 2013 650G: Offence Section 650G repealed 23 October 2013 section 85(2)(a) Maritime Transport Amendment Act 2013 650H: Freedom of passage for officers of Customs, etc Section 650H repealed 23 October 2013 section 85(2)(a) Maritime Transport Amendment Act 2013 650I: Crown harbours and facilities Section 650I repealed 23 October 2013 section 85(2)(a) Maritime Transport Amendment Act 2013 650J: Delegation or transfer of council's functions, duties, or powers under this Part Section 650J repealed 23 October 2013 section 85(2)(a) Maritime Transport Amendment Act 2013 Wreck Heading repealed 23 October 2013 section 85(2)(a) Maritime Transport Amendment Act 2013 650K: Removal of wreck Section 650K repealed 23 October 2013 section 85(2)(a) Maritime Transport Amendment Act 2013 40: Miscellaneous powers Part 40 repealed 1 July 2003 section 266 Local Government Act 2002 651: Council defined Section 651 repealed 1 July 2003 section 266 Local Government Act 2002 Markets and weighing machines Heading repealed 1 July 2003 section 266 Local Government Act 2002 652: Council may provide market places Section 652 repealed 1 July 2003 section 266 Local Government Act 2002 653: Council may fix market charges Section 653 repealed 1 July 2003 section 266 Local Government Act 2002 654: Recovery of market charges Section 654 repealed 1 July 2003 section 266 Local Government Act 2002 655: Council may provide public weighing machines Section 655 repealed 1 July 2003 section 266 Local Government Act 2002 Harbour works and navigation Heading repealed 29 April 1999 section 6(2) Local Government Amendment Act (No 2) 1999 656: Powers of council with respect to harbour works to be exercised subject to Harbours Act 1950 Section 656 repealed 29 April 1999 section 6(2) Local Government Amendment Act (No 2) 1999 Telegraphs, telephones, and electric lines Heading repealed 1 July 2003 section 266 Local Government Act 2002 657: Telegraphs and telephones Section 657 repealed 1 July 2003 section 266 Local Government Act 2002 658: Underground telephone and electric lines Section 658 repealed 1 July 2003 section 266 Local Government Act 2002 Miscellaneous provisions Heading repealed 1 July 2003 section 266 Local Government Act 2002 659: Council may sell coal, coke, and firewood Section 659 repealed 1 July 2003 section 266 Local Government Act 2002 660: Road metal and lime Section 660 repealed 1 July 2003 section 266 Local Government Act 2002 661: Stock dips Section 661 repealed 1 July 2003 section 266 Local Government Act 2002 662: Stock paddocks Section 662 repealed 1 July 2003 section 266 Local Government Act 2002 663: Council may install, light, and maintain public clocks Section 663 repealed 1 July 2003 section 266 Local Government Act 2002 664: Council may contribute towards cemeteries and crematoria not vested in council Section 664 repealed 1 July 2003 section 266 Local Government Act 2002 664A: Regional councils may contribute to works of constituent authorities Section 664A repealed 1 July 2003 section 266 Local Government Act 2002 41: Functions and powers of district community councils and community councils Part 41 repealed 1 November 1989 section 29(1) Local Government Amendment Act (No 2) 1989 665: Functions and powers of district community councils Section 665 repealed 1 November 1989 section 29(1) Local Government Amendment Act (No 2) 1989 666: Delegated functions and powers of community councils Section 666 repealed 1 November 1989 section 29(1) Local Government Amendment Act (No 2) 1989 667: Community council to be a committee of territorial authority Section 667 repealed 1 November 1989 section 29(1) Local Government Amendment Act (No 2) 1989 668: Powers of territorial authority as to improvement and development works in communities Section 668 repealed 1 November 1989 section 29(1) Local Government Amendment Act (No 2) 1989 669: Advances and grants for development works in communities Section 669 repealed 1 November 1989 section 29(1) Local Government Amendment Act (No 2) 1989 42: Private works Part 42 repealed 1 July 2003 section 266 Local Government Act 2002 670: Order for execution of private works Section 670 repealed 1 July 2003 section 266 Local Government Act 2002 671: Duties of occupier Section 671 repealed 1 July 2003 section 266 Local Government Act 2002 672: Occupier may act if owner of premises makes default Section 672 repealed 1 July 2003 section 266 Local Government Act 2002 673: Council may agree with owner to execute drainage and other works on private land Section 673 repealed 1 July 2003 section 266 Local Government Act 2002 674: Advances by council to land owners to meet emergency expenditure Section 674 repealed 1 July 2003 section 266 Local Government Act 2002 675: Grants and advances for conversion of domestic fires or installation of electric domestic heating Section 675 repealed 1 July 2003 section 266 Local Government Act 2002 675A: Council may advance to owner of premises in clean air zone cost of installing electric domestic heating Section 675A repealed 14 August 1986 section 13(1) Local Government Amendment Act (No 3) 1986 676: Council may execute works on default by owner or occupier Section 676 repealed 1 July 2003 section 266 Local Government Act 2002 677: Recovery of cost of works by council Section 677 repealed 1 July 2003 section 266 Local Government Act 2002 678: Amounts payable in respect of private land Section 678 repealed 1 July 2003 section 266 Local Government Act 2002 43: Bylaws Part 43 repealed 23 October 2013 section 85(2)(a) Maritime Transport Amendment Act 2013 679: This Part to be subject to Bylaws Act 1910 Section 679 repealed 1 July 2003 section 266 Local Government Act 2002 680: Application of Part 43 Section 680 repealed 1 July 2003 section 266 Local Government Act 2002 681: Procedure for making bylaws Section 681 repealed 1 July 2003 section 266 Local Government Act 2002 682: General provisions as to bylaws Section 682 repealed 1 July 2003 section 266 Local Government Act 2002 683: Penalty for breach of bylaws Section 683 repealed 1 July 2003 section 266 Local Government Act 2002 684AA: Certain provisions of Local Government Act 2002 to apply to bylaws made under this Act Section 684AA repealed 23 October 2013 section 85(2)(a) Maritime Transport Amendment Act 2013 684: Subject matter of bylaws Section 684 repealed 10 May 2011 section 100(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 684A: Effect of Building Act 1991 on bylaws Section 684A repealed 1 July 2003 section 266 Local Government Act 2002 Navigation bylaws Heading repealed 23 October 2013 section 85(2)(a) Maritime Transport Amendment Act 2013 684B: Bylaws relating to navigation and related activities Section 684B repealed 23 October 2013 section 85(2)(a) Maritime Transport Amendment Act 2013 684C: Navigation bylaws not to affect port operations Section 684C repealed 23 October 2013 section 85(2)(a) Maritime Transport Amendment Act 2013 684D: No marine pollution charges Section 684D repealed 23 October 2013 section 85(2)(a) Maritime Transport Amendment Act 2013 684E: General provisions relating to navigation bylaws Section 684E repealed 23 October 2013 section 85(2)(a) Maritime Transport Amendment Act 2013 684F: Council must consult Director Section 684F repealed 23 October 2013 section 85(2)(a) Maritime Transport Amendment Act 2013 685: Licences to hawkers and pedlars Section 685 repealed 1 July 2003 section 266 Local Government Act 2002 686: Bylaws as to billiard rooms, amusement galleries, and shooting galleries Section 686 repealed 1 July 2003 section 266 Local Government Act 2002 687: Enforcement and administration of regional bylaws Section 687 repealed 1 July 2003 section 266 Local Government Act 2002 688: Metric conversions of bylaws Section 688 repealed 1 July 2003 section 266 Local Government Act 2002 689: Council to provide copies of bylaws Section 689 repealed 1 July 2003 section 266 Local Government Act 2002 690: Power to join with other bodies to make bylaws Section 690 repealed 1 July 2003 section 266 Local Government Act 2002 690A: Prescription of fees by bylaw or by resolution Section 690A repealed 1 July 2003 section 266 Local Government Act 2002 691: Regulations applying to outlying islands not included in district of territorial authority Section 691 repealed 1 July 2003 section 266 Local Government Act 2002 692: Removal of works executed contrary to bylaws Section 692 repealed 1 July 2003 section 266 Local Government Act 2002 43A: Commissioner for Disaster Recovery Part 43A repealed 1 July 2003 section 266 Local Government Act 2002 692A: Interpretation Section 692A repealed 1 July 2003 section 266 Local Government Act 2002 692B: Commissioner for Disaster Recovery Section 692B repealed 1 July 2003 section 266 Local Government Act 2002 692C: Deputy Commissioner for Disaster Recovery Section 692C repealed 1 July 2003 section 266 Local Government Act 2002 692D: Functions of Commissioner Section 692D repealed 1 July 2003 section 266 Local Government Act 2002 692E: Commissioner to exercise and perform powers, functions, and duties of local authority Section 692E repealed 1 July 2003 section 266 Local Government Act 2002 692F: Powers, functions, and duties of Deputy Commissioner Section 692F repealed 1 July 2003 section 266 Local Government Act 2002 692G: Commissioner and Deputy Commissioner not to be personally liable Section 692G repealed 1 July 2003 section 266 Local Government Act 2002 692H: Local authority and members not to act while Commissioner in office Section 692H repealed 1 July 2003 section 266 Local Government Act 2002 692I: Appointment and function of advisory committee Section 692I repealed 1 July 2003 section 266 Local Government Act 2002 692J: Advances and guarantees of advances to Commissioner Section 692J repealed 1 July 2003 section 266 Local Government Act 2002 692K: Remuneration and expenses Section 692K repealed 1 July 2003 section 266 Local Government Act 2002 43B: Ministerial reviews of local authorities Part 43B repealed 1 July 2003 section 266 Local Government Act 2002 692L: Interpretation Section 692L repealed 1 July 2003 section 266 Local Government Act 2002 692M: Power of Minister to initiate review Section 692M repealed 1 July 2003 section 266 Local Government Act 2002 692N: Requirement to consult Section 692N repealed 1 July 2003 section 266 Local Government Act 2002 692O: Decision in relation to reviews Section 692O repealed 1 July 2003 section 266 Local Government Act 2002 692P: Appointment of review authority Section 692P repealed 1 July 2003 section 266 Local Government Act 2002 692Q: Notice of review to be published in Gazette Section 692Q repealed 1 July 2003 section 266 Local Government Act 2002 692R: Remuneration Section 692R repealed 1 July 2003 section 266 Local Government Act 2002 692S: Procedure Section 692S repealed 1 July 2003 section 266 Local Government Act 2002 692T: Action on receipt of report Section 692T repealed 1 July 2003 section 266 Local Government Act 2002 692U: Implementation of recommendations Section 692U repealed 1 July 2003 section 266 Local Government Act 2002 692V: Minister may provide for implementation of recommendations Section 692V repealed 1 July 2003 section 266 Local Government Act 2002 692W: Implementation of recommendations for appointment of commission Section 692W repealed 1 July 2003 section 266 Local Government Act 2002 692X: Membership of commission Section 692X repealed 1 July 2003 section 266 Local Government Act 2002 692Y: Powers of commission Section 692Y repealed 1 July 2003 section 266 Local Government Act 2002 692Z: General provisions relating to commission Section 692Z repealed 1 July 2003 section 266 Local Government Act 2002 692ZA: Members not to act while commission in office Section 692ZA repealed 1 July 2003 section 266 Local Government Act 2002 692ZB: Publication of report Section 692ZB repealed 1 July 2003 section 266 Local Government Act 2002 43C: Removal orders Part 43C repealed 1 July 2003 section 266 Local Government Act 2002 Application for removal order Heading repealed 1 July 2003 section 266 Local Government Act 2002 692ZC: Interpretation Section 692ZC repealed 1 July 2003 section 266 Local Government Act 2002 692ZD: Application for removal order Section 692ZD repealed 1 July 2003 section 266 Local Government Act 2002 692ZE: Evidence of convictions Section 692ZE repealed 1 July 2003 section 266 Local Government Act 2002 692ZF: Form of removal order Section 692ZF repealed 1 July 2003 section 266 Local Government Act 2002 Objection to removal order Heading repealed 1 July 2003 section 266 Local Government Act 2002 692ZG: Notice of objection Section 692ZG repealed 1 July 2003 section 266 Local Government Act 2002 692ZH: Vexatious objections Section 692ZH repealed 1 July 2003 section 266 Local Government Act 2002 692ZI: Court may confirm, vary, or discharge order Section 692ZI repealed 1 July 2003 section 266 Local Government Act 2002 692ZJ: Appeal to High Court final Section 692ZJ repealed 1 July 2003 section 266 Local Government Act 2002 Compliance with removal order Heading repealed 1 July 2003 section 266 Local Government Act 2002 692ZK: Compliance with removal order Section 692ZK repealed 1 July 2003 section 266 Local Government Act 2002 692ZL: No civil proceedings against person executing removal order Section 692ZL repealed 1 July 2003 section 266 Local Government Act 2002 Miscellaneous provisions Heading repealed 1 July 2003 section 266 Local Government Act 2002 692ZM: Relationship with Fencing Act 1978 Section 692ZM repealed 1 July 2003 section 266 Local Government Act 2002 692ZN: Rules of court Section 692ZN repealed 1 July 2003 section 266 Local Government Act 2002 44: Offences and legal proceedings Part 44 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 Offences Heading inserted 1 April 1980 section 2 Local Government Amendment Act 1979 693: Obstruction of member or officer or agent of council Section 693 repealed 1 July 2003 section 266 Local Government Act 2002 694: Wilful or negligent destruction of or damage to works or property Section 694 repealed 1 July 2003 section 266 Local Government Act 2002 695: Recovery of amount of destruction, damage, etc, to works or property Section 695 repealed 1 July 2003 section 266 Local Government Act 2002 695A: Removal of fences, structures, and vegetation Section 695A repealed 1 May 1998 Local Government Amendment Act (No 3) 1997 696: Coat of Arms Section 696 repealed 1 July 2003 section 266 Local Government Act 2002 697: Default in compliance with Act, or direction given pursuant to Act Section 697 repealed 1 July 2003 section 266 Local Government Act 2002 698: General penalty 1: Every person who commits an offence against this Act for which no penalty is provided elsewhere than in this section is liable on conviction 2: Where any order is made under this Act by any court directing the execution of any work or the doing of any act (other than the payment of a sum of money under a conviction, whether as a fine or otherwise) and no punishment for disobedience to the order is otherwise provided by this Act, every person disobeying the order commits an offence against this Act. 3: Where a person commits a continuing breach of any provision of this Act which is an offence to which this section applies, then, notwithstanding anything in any other Act, the District Court 4: An injunction may be granted under subsection (3),— a: notwithstanding that proceedings for the offence constituted by the breach have not been taken; or b: where the person is convicted of such an offence, either,— i: in the proceedings for the offence, in substitution for or in addition to any penalty awarded for the offence; or ii: in subsequent proceedings. 5: The continued existence of any work or thing in a state, or the intermittent repetition of any action, contrary to any provision of this Act shall be a continuing offence for the purposes of this section. 1954 No 76 s 377; 1956 No 64 s 392 Section 698 inserted 1 April 1980 section 2 Local Government Amendment Act 1979 Section 698(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 698(3) amended 1 March 2017 section 261 District Court Act 2016 699: Time for filing charging document Despite anything to the contrary in section 25 Section 699 replaced 1 July 2013 section 413 Criminal Procedure Act 2011 699A: Infringement offences relating to navigation bylaws Section 699A repealed 23 October 2013 section 85(2)(b) Maritime Transport Amendment Act 2013 699B: Commission of infringement offence Section 699B repealed 23 October 2013 section 85(2)(b) Maritime Transport Amendment Act 2013 699C: Infringement notices Section 699C repealed 23 October 2013 section 85(2)(b) Maritime Transport Amendment Act 2013 699D: Entitlement to infringement fees Section 699D repealed 23 October 2013 section 85(2)(b) Maritime Transport Amendment Act 2013 Legal proceedings Heading repealed 1 July 2003 section 266 Local Government Act 2002 700: Judges, District Court Judges, and Justices not disqualified as being ratepayers Section 700 repealed 1 July 2003 section 266 Local Government Act 2002 701: Proceedings in District Court Section 701 repealed 1 July 2003 section 266 Local Government Act 2002 702: Service of legal proceedings on council Section 702 repealed 1 July 2003 section 266 Local Government Act 2002 703: Valuation roll to be evidence as to owner or occupier Section 703 repealed 1 July 2003 section 266 Local Government Act 2002 704: Evidence that works or property vested in or under control of council Section 704 repealed 1 July 2003 section 266 Local Government Act 2002 705: Recovery of debts Section 705 repealed 1 July 2003 section 266 Local Government Act 2002 706: Members may be required to pay costs of proceedings in certain cases Section 706 repealed 1 July 2003 section 266 Local Government Act 2002 Recovery of losses incurred by local authorities Heading repealed 1 July 2003 section 266 Local Government Act 2002 706A: Report by Auditor-General on loss incurred by local authority Section 706A repealed 1 July 2003 section 266 Local Government Act 2002 706B: Local authority to respond to Auditor-General Section 706B repealed 1 July 2003 section 266 Local Government Act 2002 706C: Members of local authority liable for loss Section 706C repealed 1 July 2003 section 266 Local Government Act 2002 General provisions Heading repealed 1 July 2003 section 266 Local Government Act 2002 707: Council may make compositions Section 707 repealed 1 July 2003 section 266 Local Government Act 2002 44A: Special provisions applying to Auckland Regional Authority Part 44A repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 707A: Application of provisions to Auckland Regional Council Section 707A repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 707AA: Residual powers of Auckland Regional Council Section 707AA repealed 1 July 2003 section 266 Local Government Act 2002 707B: Interpretation Section 707B repealed 1 July 1992 section 67(1) Local Government Amendment Act 1992 707C: Membership of Auckland Regional Authority Section 707C repealed 1 July 1992 section 67(1) Local Government Amendment Act 1992 707D: Auckland Regional Authority elections Section 707D repealed 1 July 1992 section 67(1) Local Government Amendment Act 1992 707E: Extraordinary vacancies Section 707E repealed 1 July 1992 section 67(1) Local Government Amendment Act 1992 707F: Compilation of electoral roll Section 707F repealed 1 October 1991 section 21(1) Local Government Amendment Act 1991 707G: Roll to be available for public inspection Section 707G repealed 1 October 1991 section 21(1) Local Government Amendment Act 1991 707H: Application for registration as a parliamentary elector Section 707H repealed 1 October 1991 section 21(1) Local Government Amendment Act 1991 707I: Completion of roll Section 707I repealed 1 October 1991 section 21(1) Local Government Amendment Act 1991 707J: Amendments to roll Section 707J repealed 1 October 1991 section 21(1) Local Government Amendment Act 1991 707K: When roll in force Section 707K repealed 1 October 1991 section 21(1) Local Government Amendment Act 1991 707L: Proof of roll Section 707L repealed 1 October 1991 section 21(1) Local Government Amendment Act 1991 707M: Roll for by-elections Section 707M repealed 1 October 1991 section 21(1) Local Government Amendment Act 1991 44B: Auckland Regional Services Trust Part 44B repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707N: Interpretation Section 707N repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 Auckland Regional Services Trust Heading repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707O: Constitution of Trust Section 707O repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707P: Establishment of Trust Section 707P repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 Transfer of specified assets and specified liabilities to Trust Heading repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707Q: Preparation of plan for vesting of specified assets and specified liabilities in Trust Section 707Q repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707QA: Special provisions in relation to transfers of assets and liabilities to Watercare Services Limited and Regional Forests Limited Section 707QA repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707QB: Prohibition on sale or other disposition of water services assets and shares in Watercare Services Limited Section 707QB repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707R: Vesting of assets and liabilities in Trust Section 707R repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707S: Certain matters not affected by transfer of specified assets or specified liabilities to Trust Section 707S repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707T: Provisions relating to transfer of specified assets and specified liabilities to Trust Section 707T repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707U: Transfer of regulatory powers not authorised Section 707U repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707UA: Divestment of assets in transport-related enterprises to be subject to Part 34B Section 707UA repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707V: Stamp duty exemption Section 707V repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707W: Taxation Section 707W repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707X: Taxes and duties Section 707X repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707Y: Uses deemed to be permitted uses Section 707Y repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707Z: Modification of provisions of Public Works Act 1981 Section 707Z repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707ZA: Obligation to lodge caveat Section 707ZA repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707ZB: Exclusions Section 707ZB repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707ZC: Reduction in functions, duties, and powers of Auckland Regional Council Section 707ZC repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707ZD: Continuous service of transferred employees Section 707ZD repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707ZE: Maintenance of conditions of employment Section 707ZE repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707ZEA: Restrictions on compensation for redundancy Section 707ZEA repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707ZF: Water services Section 707ZF repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707ZG: Refusal disposal sites Section 707ZG repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707ZH: Properties and funds acquired from Auckland Harbour Board Section 707ZH repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707ZI: Special obligation of Trust in relation to carrying out of its work and functions Section 707ZI repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 Functions of Trust Heading repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707ZJ: Functions of Trust Section 707ZJ repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707ZJA: Functions in relation to America's Cup Section 707ZJA repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707ZJB: Management of assets Section 707ZJB repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707ZJC: Obligation of Trust to report annually on assets owned by it Section 707ZJC repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707ZJD: Power to dispose of assets Section 707ZJD repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707ZJE: Effect of sections 707ZJA to 707ZJD Section 707ZJE repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707ZK: Trust to be local authority for certain purposes Section 707ZK repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 Elections Heading repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707ZL: Election of members of Trust Section 707ZL repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707ZM: First election of members Section 707ZM repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 Chief executive Heading repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707ZN: Special provision in respect of appointment by Auckland Regional Council of chief executive of Trust Section 707ZN repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 Accountability and accounting Heading repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707ZO: Conduct of affairs Section 707ZO repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707ZP: Annual report to public concerning plans Section 707ZP repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707ZQ: Annual report to public concerning performance Section 707ZQ repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707ZR: Audit Office to be auditor Section 707ZR repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 Funding Heading repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707ZS: Funding Section 707ZS repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707ZT: Establishment costs Section 707ZT repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707ZU: Application of revenue Section 707ZU repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707ZV: Rating for funding of Trust Section 707ZV repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707ZVA: Power of Auckland Regional Council to rate in respect of retained liabilities Section 707ZVA repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 Community Trust Heading repealed 1 October 1998 section 6(1)(c) Local Government Amendment Act 1998 707ZW: Establishment of Community Trust Section 707ZW repealed 1 August 1998 section 6(1)(c) Local Government Amendment Act 1998 707ZX: Trustees Section 707ZX repealed 1 August 1998 section 6(1)(c) Local Government Amendment Act 1998 707ZY: Disqualification from appointment Section 707ZY repealed 1 August 1998 section 6(1)(c) Local Government Amendment Act 1998 707ZZ: Term of appointment Section 707ZZ repealed 1 August 1998 section 6(1)(c) Local Government Amendment Act 1998 707ZZA: Purposes of Community Trust Section 707ZZA repealed 1 August 1998 section 6(1)(c) Local Government Amendment Act 1998 707ZZB: Financial statements Section 707ZZB repealed 1 August 1998 section 6(1)(c) Local Government Amendment Act 1998 707ZZC: Trustees to hold public meeting Section 707ZZC repealed 1 August 1998 section 6(1)(c) Local Government Amendment Act 1998 707ZZD: Matters to be included in trust deed Section 707ZZD repealed 1 August 1998 section 6(1)(c) Local Government Amendment Act 1998 707ZZE: Trust deed not to be inconsistent with provisions of this Act Section 707ZZE repealed 1 August 1998 section 6(1)(c) Local Government Amendment Act 1998 707ZZF: Application of Trustee Act 1956 Section 707ZZF repealed 1 August 1998 section 6(1)(c) Local Government Amendment Act 1998 Achievement of objects Heading repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 707ZZG: Duty to act in furtherance of this Part Section 707ZZG repealed 1 October 1998 section 14(1)(e) Local Government Amendment Act 1998 44C: Infrastructure Auckland Part 44C repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 707ZZH: Commencement Section 707ZZH repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZI: Interpretation Section 707ZZI repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZJ: Constitution of Infrastructure Auckland Section 707ZZJ repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZK: Principal function of Infrastructure Auckland Section 707ZZK repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZL: Grants Section 707ZZL repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZM: Special obligations of Infrastructure Auckland Section 707ZZM repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZN: Additional special obligation of Infrastructure Auckland in respect of Ports of Auckland Limited Section 707ZZN repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZO: Membership of Infrastructure Auckland Section 707ZZO repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZP: Infrastructure Auckland to be local authority for certain purposes Section 707ZZP repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZQ: Statement of corporate intent Section 707ZZQ repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZR: Transport-related enterprises Section 707ZZR repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZS: Electoral College Section 707ZZS repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZT: Functions of Electoral College Section 707ZZT repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZU: Appointment of members of Infrastructure Auckland Section 707ZZU repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZV: Members of Electoral College Section 707ZZV repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZW: Alternate members of Electoral College Section 707ZZW repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZX: Chairperson of Electoral College Section 707ZZX repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZY: Meetings of Electoral College Section 707ZZY repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZZ: Infrastructure Auckland deed Section 707ZZZ repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZZA: Contents of Infrastructure Auckland deed Section 707ZZZA repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZZB: Long-term funding plan Section 707ZZZB repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZZC: Proceedings of Infrastructure Auckland Section 707ZZZC repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 Accountability and accounting Heading repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZZD: Conduct of affairs Section 707ZZZD repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZZE: Annual plan Section 707ZZZE repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZZF: Annual policy in relation to grants Section 707ZZZF repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZZG: Annual report Section 707ZZZG repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZZH: Exemption for listed companies Section 707ZZZH repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 America's Cup Heading repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZZI: Functions in relation to America's Cup Section 707ZZZI repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZZJ: Obligation to report annually on assets Section 707ZZZJ repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZZK: Power to dispose of shares Section 707ZZZK repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 Dissolution of Auckland Regional Services Trust Heading repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZZL: Dissolution of Auckland Regional Services Trust Section 707ZZZL repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZZLA: Transfer of money subject to trust Section 707ZZZLA repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZZM: Taxes and duties Section 707ZZZM repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZZN: Modification of provisions of Public Works Act 1981 Section 707ZZZN repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZZO: Obligation to lodge caveat Section 707ZZZO repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZZP: Employees Section 707ZZZP repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZZQ: Final accounts of Auckland Regional Services Trust Section 707ZZZQ repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZZR: Vesting of shares in Watercare Services Limited Section 707ZZZR repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 707ZZZS: Water services Section 707ZZZS repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 707ZZZT: Auckland Regional Council allowed certain deductions for tax purposes Section 707ZZZT repealed 1 April 2007 section 707ZZZU 707ZZZU: Expiry Section 707ZZZU repealed 1 November 2010 section 113(1) Local Government (Auckland Transitional Provisions) Act 2010 Dissolution of Regional Treasury Management Limited Heading repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZZV: Dissolution of Regional Treasury Management Limited Section 707ZZZV repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZZW: Final accounts of Regional Treasury Management Limited Section 707ZZZW repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZZX: Taxes and duties Section 707ZZZX repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 Miscellaneous provisions Heading repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZZY: Certain matters not affected by this Part Section 707ZZZY repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZZZ: Provisions relating to vesting of assets and liabilities in Infrastructure Auckland Section 707ZZZZ repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZZZA: Registers Section 707ZZZZA repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 Transitional provisions Heading repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZZZB: Initial membership of Infrastructure Auckland Section 707ZZZZB repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZZZC: Membership of Infrastructure Auckland in period beginning on 1 July 1999 and ending with 31 December 1999 Section 707ZZZZC repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZZZD: Membership of Infrastructure Auckland in period beginning on 1 January 2000 and ending with 30 June 2001 Section 707ZZZZD repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZZZE: Power to resign Section 707ZZZZE repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZZZF: Extraordinary vacancies Section 707ZZZZF repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 707ZZZZG: Chairperson of Infrastructure Auckland Section 707ZZZZG repealed 1 July 2004 section 48(1)(a) Local Government (Auckland) Amendment Act 2004 44D: Westport Harbour Part 44D repealed 1 July 2003 section 266 Local Government Act 2002 707ZZZZH: Harbour assets vested in Buller District Council Section 707ZZZZH repealed 1 July 2003 section 266 Local Government Act 2002 45: Miscellaneous provisions Part 45 repealed 1 July 2003 section 266 Local Government Act 2002 Works on private land Heading repealed 1 July 2003 section 266 Local Government Act 2002 708: Works on private land Section 708 repealed 1 July 2003 section 266 Local Government Act 2002 708A: Power of entry Section 708A repealed 1 July 2003 section 266 Local Government Act 2002 709: Examination of appliances and equipment Section 709 repealed 1 July 2003 section 266 Local Government Act 2002 Prohibition of vehicles and consumption or possession of liquor in public places Heading repealed 1 July 2003 section 266 Local Government Act 2002 709A: Prohibition of vehicles and consumption or possession of intoxicating liquor in public place Section 709A repealed 1 July 2003 section 266 Local Government Act 2002 709B: Interpretation Section 709B repealed 1 July 2003 section 266 Local Government Act 2002 709C: Further power to prohibit vehicles and liquor in public places Section 709C repealed 1 July 2003 section 266 Local Government Act 2002 709D: Exceptions to prohibition for residents and their visitors Section 709D repealed 1 July 2003 section 266 Local Government Act 2002 709E: Exceptions to prohibition for licensed premises Section 709E repealed 1 July 2003 section 266 Local Government Act 2002 709F: Public notice Section 709F repealed 1 July 2003 section 266 Local Government Act 2002 709G: Offences Section 709G repealed 1 July 2003 section 266 Local Government Act 2002 709H: Powers of arrest, search, and seizure Section 709H repealed 1 July 2003 section 266 Local Government Act 2002 General provisions Heading repealed 1 July 2003 section 266 Local Government Act 2002 710: Authority to act Section 710 repealed 1 July 2003 section 266 Local Government Act 2002 711: Penalty for acting without warrant Section 711 repealed 1 July 2003 section 266 Local Government Act 2002 712: Resignations from office Section 712 repealed 1 July 2003 section 266 Local Government Act 2002 713: Chairman compellable to give information Section 713 repealed 1 July 2003 section 266 Local Government Act 2002 714: Delegation of Minister's or Secretary's powers Section 714 repealed 1 July 2003 section 266 Local Government Act 2002 715: Delegation of powers by council Section 715 repealed 1 July 2003 section 266 Local Government Act 2002 716: Delegation of powers by officers Section 716 repealed 1 July 2003 section 266 Local Government Act 2002 716A: Special consultative procedure Section 716A repealed 25 December 2002 section 267(a) Local Government Act 2002 Special orders Heading repealed 1 July 2003 section 266 Local Government Act 2002 716B: Special orders Section 716B repealed 1 July 2003 section 266 Local Government Act 2002 716C: Evidence of special order Section 716C repealed 1 July 2003 section 266 Local Government Act 2002 716D: Time within which proceedings to quash special order must be commenced Section 716D repealed 1 July 2003 section 266 Local Government Act 2002 717: Application of provisions to Auckland Regional District Section 717 repealed 18 June 1986 section 7 Local Government Amendment Act (No 2) 1986 718: Application of Act to County of Fiord Section 718 repealed 14 January 1983 Local Government Amendment Act (No 2) 1982 719: In certain cases Governor-General may validate proceedings or may extend time for doing anything Section 719 repealed 1 July 2003 section 266 Local Government Act 2002 720: Misnomer, etc, not to prevent operation of Act Section 720 repealed 1 July 2003 section 266 Local Government Act 2002 721: Appointment of person to exercise powers and functions of council Section 721 repealed 1 July 2003 section 266 Local Government Act 2002 722: Annual report Section 722 repealed 1 July 1992 section 70 Local Government Amendment Act 1992 723: Regulations Section 723 repealed 1 July 2003 section 266 Local Government Act 2002 724: Application of Act to Crown Section 724 repealed 1 July 2003 section 266 Local Government Act 2002 725: Consequential amendments Section 725 repealed 1 July 2003 section 266 Local Government Act 2002 726: Repeals, revocation, and savings Section 726 repealed 1 July 2003 section 266 Local Government Act 2002

DLM413766

1974

Farm Ownership Savings Act 1974

1: Short Title and application This Act may be cited as the Farm Ownership Savings Act 1974. 2: Interpretation 1: In this Act, unless the context otherwise requires,— authorised savings institution a: Post Office Bank Limited: b: a trustee savings bank established under the Trustee Savings Banks Act 1948 c: a building society which is an approved society under section 56D section 113O d: e: the Corporation Commissioner State Sector Act 1988 Corporation depositor farm Farm Ownership Account farm ownership requirements section 14I farming purposes a: the acquisition by him of a farm; or b: the engagement by him in sharefarming Home Ownership Account subsection (1) of section 2 Minister Ordinary Farm Ownership Account Ordinary Fishing Vessel Ownership Account section 2 Ordinary Home Ownership Account section 2(1) purchase grant section 7 or section 7A qualifying date qualifying year sharefarmer sharefarming Special Farm Ownership Account Special Fishing Vessel Ownership Account section 2 Special Home Ownership Account section 2(1) terminating date withdrawal certificate section 14F 2: For the purposes of this Act, a farm may be acquired by a depositor— a: by the purchase of an estate in fee simple in a farm; or b: by the purchase of a leasehold estate in a farm for a remaining term (including any rights of renewal) of not less than 21 years ; or c: in relation to a farm acquired for the purposes of aquaculture, any lease or licence granted under the Marine Farming Act 1971 Section 2(1) authorised savings institution replaced 1 July 1987 State-Owned Enterprises Amendment Act 1987 Section 2(1) authorised savings institution replaced 1 September 1987 section 41(3) Building Societies Amendment Act 1987 Section 2(1) authorised savings institution repealed 22 May 1998 section 22(1) Private Savings Banks (Transfer of Undertakings) Act 1992 Section 2(1) authorised savings institution inserted 2 April 1985 Farm Ownership Savings Amendment Act 1985 Section 2(1) Commissioner inserted 25 November 1976 Farm Ownership Savings Amendment Act 1976 Section 2(1) Commissioner amended 1 April 1988 section 90(a) State Sector Act 1988 Section 2(1) Corporation replaced 1 July 1994 section 14 National Bank of New Zealand Limited Act 1994 Section 2(1) farm replaced 22 October 1981 Farm Ownership Savings Amendment Act 1981 Section 2(1) Farm Ownership Account replaced 25 November 1976 Farm Ownership Savings Amendment Act 1976 Section 2(1) farm ownership requirements inserted 25 November 1976 Farm Ownership Savings Amendment Act 1976 Section 2(1) farming purposes inserted 25 November 1976 Farm Ownership Savings Amendment Act 1976 Section 2(1) Ordinary Farm Ownership Account inserted 25 November 1976 Farm Ownership Savings Amendment Act 1976 Section 2(1) Ordinary Fishing Vessel Ownership Account inserted 25 November 1977 section 29 Fishing Vessel Ownership Savings Act 1977 Section 2(1) Ordinary Home Ownership Account inserted 25 November 1976 Farm Ownership Savings Amendment Act 1976 Section 2(1) purchase grant amended 25 November 1976 Farm Ownership Savings Amendment Act 1976 Section 2(1) sharefarmer replaced 22 October 1981 Farm Ownership Savings Amendment Act 1981 Section 2(1) Special Farm Ownership Account inserted 25 November 1976 Farm Ownership Savings Amendment Act 1976 Section 2(1) Special Fishing Vessel Ownership Account inserted 25 November 1977 section 29 Fishing Vessel Ownership Savings Act 1977 Section 2(1) Special Home Ownership Account inserted 25 November 1976 Farm Ownership Savings Amendment Act 1976 Section 2(1) withdrawal certificate inserted 25 November 1976 Farm Ownership Savings Amendment Act 1976 Section 2(2)(b) amended 22 October 1981 Farm Ownership Savings Amendment Act 1981 Section 2(2)(c) inserted 22 October 1981 Farm Ownership Savings Amendment Act 1981 2A: Cessation of opening of new Farm Ownership Accounts Notwithstanding any other provisions in this Act, no person shall open a Farm Ownership Account on or after 19 June 1987. Section 2A inserted 19 June 1987 Farm Ownership Savings Amendment Act 1987 1: Ordinary Farm Ownership Accounts Part 1 heading inserted 25 November 1976 Farm Ownership Savings Amendment Act 1976 3: Eligible savings 1: Subject to this section, for the purposes of this Act the amount of the eligible savings, in relation to the Ordinary a: where that date is the qualifying date, $250: b: where that date is during any qualifying year, the lesser of— i: the balance of the Account at that date: ii: the sum of the amount of the eligible savings on the day immediately preceding the first day of that qualifying year and $5,000 2: Notwithstanding anything in subsection (1), in no case shall the amount of the eligible savings, in relation to the Ordinary $60,000 3: 4: Where any amount is withdrawn from the Ordinary provided that the amount of the eligible savings shall not be reduced to the extent that, before the amount of the withdrawal is taken into consideration, the balance of the Account at that date exceeds the amount of the eligible savings at that date. 5: Where a depositor withdraws the whole or any part of the balance in his Ordinary or for the purpose of determining the qualifying date of the Account Section 3(1) amended 25 November 1976 Farm Ownership Savings Amendment Act 1976 Section 3(1)(b)(ii) amended 18 September 1980 Farm Ownership Savings Amendment Act 1980 Section 3(2) amended 18 September 1980 Farm Ownership Savings Amendment Act 1980 Section 3(2) amended 25 November 1976 Farm Ownership Savings Amendment Act 1976 Section 3(3) repealed 18 September 1980 Farm Ownership Savings Amendment Act 1980 Section 3(4) amended 25 November 1976 Farm Ownership Savings Amendment Act 1976 Section 3(5) amended 25 November 1976 Farm Ownership Savings Amendment Act 1976 Section 3(5) amended 25 November 1976 Farm Ownership Savings Amendment Act 1976 4: Notice of conditions The terms and conditions upon which applications for purchase grants will be considered, purchase grants allowed and paid, and balances in Home Ownership Accounts and Ordinary Fishing Vessel Ownership Accounts Ordinary Section 4 amended 25 November 1977 section 29 Fishing Vessel Ownership Savings Act 1977 Section 4 amended 25 November 1976 Farm Ownership Savings Amendment Act 1976 5: Persons eligible to open accounts No person shall be entitled to open an Ordinary Farm Ownership Account unless he has attained the age of 15 years and— a: is a pupil at a secondary school in New Zealand and certifies in writing that he intends to become a farmer in New Zealand; or b: is undertaking, at any university or other similar institution in New Zealand or elsewhere, a course of study which will be of material assistance in enabling him to become an efficient farmer; or c: is exclusively or principally engaged or employed in the farming industry in New Zealand or in any associated industry servicing the farming industry in New Zealand; or d: has had other relevant experience or has other relevant qualifications which will assist him or enable him to become an efficient farmer; or e: is the spouse of a depositor. Section 5 replaced 18 September 1980 Farm Ownership Savings Amendment Act 1980 6: Persons ineligible to receive grants 1: In this section the expression substantial interest in land 1A: Where a depositor has entered into an unconditional contract to purchase a farm and it is a term of that contract that possession of the farm is not to be given until a specified later date, being a date not later than 6 months after the date on which that contract becomes unconditional, the depositor shall be deemed not to have acquired a substantial interest in land for the purposes of this section until that later date. 2: Subject to subsection (3) and notwithstanding any other provision in this Act Ordinary a: is not a New Zealand citizen; or b: solely or jointly or in common with any other person holds or has held a substantial interest in land in New Zealand or elsewhere; or c: solely or jointly with any other person has or has had at any time a controlling interest in any limited liability company or in any other body corporate which at that time held any substantial interest in land in New Zealand or elsewhere; or d: solely or jointly with any other person has received a purchase grant; or e: is the spouse of any person to whom paragraph (b) or paragraph (c) or paragraph (d) would apply if that person were a depositor; or f: has not, since the opening of his Ordinary provided that the foregoing provisions of this paragraph shall not apply in any case where— i: the spouse of the depositor is entitled to receive or has received a purchase grant or a withdrawal certificate; and ii: all money payable under this Act to the depositor and his or her spouse will be used to enable them to acquire a farm for their joint ownership and occupation. 3: Having regard to the special circumstances of any case, the Corporation may in its discretion grant, either wholly or partly, and conditionally or unconditionally, a purchase grant to any depositor of a class specified in subsection (2). Section 6(1A) inserted 18 September 1980 Farm Ownership Savings Amendment Act 1980 Section 6(2) amended 18 September 1980 Farm Ownership Savings Amendment Act 1980 Section 6(2) amended 25 November 1976 Farm Ownership Savings Amendment Act 1976 Section 6(2)(f) amended 25 November 1976 Farm Ownership Savings Amendment Act 1976 Section 6(2)(f) proviso inserted 18 October 1978 Farm Ownership Savings Amendment Act 1978 Section 6(3) inserted 18 September 1980 Farm Ownership Savings Amendment Act 1980 7: Purchase grants 1: Subject to this Act, where the Corporation is satisfied that the grant is to be used by a depositor in the acquisition of a farm in New Zealand, there shall, to the extent to which the Corporation is satisfied that the eligible savings of the depositor are to be used by the depositor in the acquisition of the farm, be paid by the Corporation to the depositor— a: where the terminating date is not less than 3 years b: where the terminating date is not less than 6 years but less than 7 years from the qualifying date, a purchase grant equal to 30% of the depositor's eligible savings: c: where the terminating date is not less than 7 years but less than 8 years from the qualifying date, a purchase grant equal to 35% of the depositor's eligible savings: d: where the terminating date is not less than 8 years but less than 9 years from the qualifying date, a purchase grant equal to 40% of the depositor's eligible savings: e: where the terminating date is not less than 9 years but less than 10 years from the qualifying date, a purchase grant equal to 45% of the depositor's eligible savings: f: where the terminating date is on or after the tenth anniversary of the qualifying date, a purchase grant equal to 50% of the depositor's eligible savings. 2: Notwithstanding anything in subsection (1), the percentages specified in any paragraph of that subsection may, from time to time, be varied by the Governor-General by Order in Council. 3: No purchase grant shall be paid to any depositor in respect of any eligible savings withdrawn by him from his Ordinary 3 years 4: Where a depositor dies before the depositor has been paid a purchase grant, the personal representatives of the depositor may, to provide a farm for the widow or widower or any dependant of the depositor, apply for a purchase grant and the Corporation may deal with the application in the same manner, with any necessary modifications, as if the depositor had made the application. 5: No depositor shall be paid more than 1 purchase grant or, subject to section 10 Ordinary Section 7(1)(a) amended 18 September 1980 Farm Ownership Savings Amendment Act 1980 Section 7(3) amended 18 September 1980 Farm Ownership Savings Amendment Act 1980 Section 7(3) amended 25 November 1976 Farm Ownership Savings Amendment Act 1976 Section 7(5) amended 25 November 1976 Farm Ownership Savings Amendment Act 1976 7A: Purchase grants to sharefarmers 1: Subject to section 6(2) section 7 a: where the terminating date is not less than 3 years but less than 6 years after the qualifying date, a purchase grant equal to 25% of the depositor's eligible savings: b: where the terminating date is not less than 6 years after the qualifying date, a purchase grant calculated in accordance with paragraphs (b) to (f) of section 7(1) 2: Notwithstanding subsection (1), the percentage specified in subsection (1)(a) may, from time to time, be varied by the Governor-General by Order in Council. 3: No purchase grant, pursuant to this section, shall be paid to any depositor in respect of any eligible savings which are, earlier than 3 years after the qualifying date of his Ordinary Farm Ownership Account, withdrawn from that Account. 4: Notwithstanding the foregoing provisions of this section, no person shall be entitled to receive a purchase grant under this section unless, in the opinion of the Corporation, at the time he applies for the grant, he possesses sufficient knowledge and experience to enable him competently to engage in the kind of sharefarming in which he intends to engage and has an agreement with the proprietor of any agricultural, pastoral, or horticultural land to work that land as a sharefarmer for a term of at least 3 years or such shorter period as the Corporation may approve. Section 7A inserted 25 November 1976 Farm Ownership Savings Amendment Act 1976 7B: Additional grants to sharefarmers on purchase of farm Notwithstanding anything in this Act, where a depositor has received a purchase grant under section 7A section 14B(b) section 7 provided that— a: the total amount payable to the depositor in respect of both grants shall not exceed the maximum amount of the purchase grant otherwise payable to the depositor under this Act: b: no further purchase grant shall be payable under section 7 section 7A Section 7B inserted 18 October 1978 Farm Ownership Savings Amendment Act 1978 8: Preservation of rights Where, by reason of an Order in Council made pursuant to subparagraph (ii) of paragraph (b) of subsection (1) or subsection (2) of section 3 section 7 or subsection (2) of section 7A Section 8 amended 25 November 1976 Farm Ownership Savings Amendment Act 1976 9: Disposition of farm within 5 years of payment of purchase grant Section 9 repealed 25 November 1976 Farm Ownership Savings Amendment Act 1976 10: Aggregation of grants The purchase grant payable under this Act may be aggregated when 2 depositors who have separate Ordinary Section 10 amended 25 November 1976 Farm Ownership Savings Amendment Act 1976 11: Joint accounts Where 2 depositors have a joint Ordinary Ordinary Section 11 amended 25 November 1976 Farm Ownership Savings Amendment Act 1976 12: Transferability 1: Subject to this Act, balances in an Ordinary Fishing Vessel Ownership Account an Ordinary Farm Ownership Account 2: Balances in an Ordinary Farm Ownership Account with any authorised savings institution may be transferred to an Ordinary Farm Ownership Account with any other authorised savings institution. 3: Any transfer of an Ordinary Farm Ownership Account of any depositor from one authorised savings institution to another authorised savings institution shall not affect the calculation of eligible savings or the rights of the depositor. Section 12(1) amended 22 May 1998 section 3(a) Farm and Fishing Vessel Ownership Savings Schemes (Closure) Act 1998 Section 12(1) amended 25 November 1977 section 29 Fishing Vessel Ownership Savings Act 1977 Section 12(1) amended 25 November 1976 Farm Ownership Savings Amendment Act 1976 Section 12(2) replaced 19 June 1987 Farm Ownership Savings Amendment Act 1987 Section 12(3) replaced 19 June 1987 Farm Ownership Savings Amendment Act 1987 13: Payment to Corporation The Minister may from time to time, without further appropriation than this section, pay from a Crown Bank Account Section 13 amended 25 January 2005 section 83(7) Public Finance Act 1989 14: Exemption from income tax All purchase grants shall be exempt from income tax. 2: Special Farm Ownership Accounts Part 2 inserted 25 November 1976 Farm Ownership Savings Amendment Act 1976 14A: Special Farm Ownership Accounts 1: Subject to this Act on and after 1 November 1976 any person may open in his own name and for his own use (but not jointly or in common with any other person) a Special Farm Ownership Account and the provisions of the Income Tax Act 2004 2: No person who has, in relation to an Ordinary Farm Ownership Account, been paid either solely or jointly with any other depositor any purchase grant or who has, in relation to a Special Farm Ownership Account, withdrawn any amount from that Account pursuant to a withdrawal certificate (not being an amount which has subsequently been redeposited in full and in respect of which the withdrawal certificate has been cancelled pursuant to section 14F(4) 3: No person who is a depositor in relation to a Special Farm Ownership Account or who has withdrawn any amount from a Special Farm Ownership Account pursuant to a withdrawal certificate (not being an amount which has subsequently been redeposited in full and in respect of which the withdrawal certificate has been cancelled pursuant to section 14F(4) 4: No person who is a depositor in relation to an Ordinary Farm Ownership Account with any authorised savings institution shall open a Special Farm Ownership Account with any other authorised savings institution. 5: Where any person is a depositor in relation to an Ordinary Farm Ownership Account jointly with any other person, he shall not open a Special Farm Ownership Account unless the other person has given up his interest in the joint Account or the joint Account is severed into separate Ordinary Farm Ownership Accounts: provided that where any Ordinary Farm Ownership Account is so dealt with, the qualifying date (if any) of the sole Account or Accounts so created shall not, by reason thereof, be changed. Section 14A inserted 25 November 1976 Farm Ownership Savings Amendment Act 1976 Section 14A(1) amended 1 April 2005 section YA 2 Income Tax Act 2004 14B: Existing Ordinary Farm Ownership Accounts Where at the time a depositor opens a Special Farm Ownership Account he is also a depositor in relation to an Ordinary Farm Ownership Account— a: if there is in respect of the Ordinary Farm Ownership Account a qualifying date, that date shall be the qualifying date in respect of the Special Farm Ownership Account; and b: except for interest which may from time to time accrue and be payable in respect of the balance in the Ordinary Farm Ownership Account, no other deposits shall be made thereafter in the Ordinary Farm Ownership Account. Section 14B inserted 25 November 1976 Farm Ownership Savings Amendment Act 1976 14C: Transferability 1: Subject to this Act, balances provided that this subsection shall not apply unless the whole of the balance in 2: Where the balance in any Special Fishing Vessel Ownership Account 3: Balances in a Special Farm Ownership Account with any authorised savings institution may be transferred to a Special Farm Ownership Account with any other authorised savings institution. 4: Any transfer of a Special Farm Ownership Account of any depositor from one authorised savings institution to another authorised savings institution shall not affect the calculation of eligible savings or the rights of the depositor. Section 14C inserted 25 November 1976 Farm Ownership Savings Amendment Act 1976 Section 14C(1) replaced 19 June 1987 Farm Ownership Savings Amendment Act 1987 Section 14C(1) amended 22 May 1998 section 3(b) Farm and Fishing Vessel Ownership Savings Schemes (Closure) Act 1998 Section 14C(1) proviso amended 22 May 1998 section 3(c) Farm and Fishing Vessel Ownership Savings Schemes (Closure) Act 1998 Section 14C(2) amended 22 May 1998 section 3(d) Farm and Fishing Vessel Ownership Savings Schemes (Closure) Act 1998 Section 14C(2) amended 25 November 1977 section 29 Fishing Vessel Ownership Savings Act 1977 Section 14C(3) replaced 19 June 1987 section 4(2) Farm Ownership Savings Amendment Act 1987 Section 14C(4) inserted 19 June 1987 Farm Ownership Savings Amendment Act 1987 14D: Withdrawal and transfers from Special Farm Ownership Account 1: Subject to this section and section 14C section 14C or section 17 2: A depositor may at any time withdraw or transfer any amount from his Special Farm Ownership Account if, after the amount is withdrawn or transferred, the balance of the Account is not reduced to an amount less than the closing balance of the Account at 31 March immediately preceding the date of that withdrawal or transfer: provided that a depositor who has deposited in his Special Farm Ownership Account an amount in any one financial year in excess of the maximum amount of any increase in savings on which a rebate is allowable under section KG 1(1) Income Tax Act 2004 3: In the case of any withdrawal or transfer to which subsection (2) does not apply— a: where the withdrawal or transfer (not being a transfer allowed under section 14C b: where the withdrawal or transfer is made pursuant to a withdrawal certificate, the amount of the balance of the Account is to be withdrawn and the Account closed unless by the terms and conditions of the withdrawal certificate a lesser amount is to be withdrawn and the Account is to remain open. 4: Where any Special Farm Ownership Account is closed pursuant to subsection (3), the authorised savings institution with which the Account is held shall forthwith notify the Commissioner and the Corporation in writing, stating— a: the name of the depositor: b: the amount of the withdrawal which resulted in the closure of the Account: c: the closing balance of the Account as at 31 March immediately preceding the date of the closure: d: the amount stated in the withdrawal certificate (if any): provided that the authorised savings institution shall not notify the Corporation if the withdrawal was made otherwise than pursuant to a withdrawal certificate. Section 14D inserted 25 November 1976 Farm Ownership Savings Amendment Act 1976 Section 14D(1) amended 25 November 1977 section 29 Fishing Vessel Ownership Savings Act 1977 Section 14D(2) proviso inserted 18 September 1980 Farm Ownership Savings Amendment Act 1980 Section 14D(2) proviso amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 14D(2) proviso amended 1 April 1995 section YB 1 Income Tax Act 1994 14E: Reopening of Special Farm Ownership Accounts 1: Where— a: a Special Farm Ownership Account is closed pursuant to a withdrawal certificate issued under section 14F b: the amount withdrawn is used by the depositor as a deposit under a conditional agreement to acquire a farm or any farming livestock or farming plant or machinery and the agreement fails to become binding,— the Corporation may determine that the Account shall be reopened, subject to the depositor paying into the Account the whole of the amount withdrawn or such part as the Corporation determines, and the Corporation shall notify the authorised savings institution and the Commissioner accordingly. 2: Where any Special Farm Ownership Account is reopened pursuant to subsection (1), the authorised savings institution shall notify the Corporation and the Commissioner accordingly. Section 14E inserted 25 November 1976 Farm Ownership Savings Amendment Act 1976 14F: Withdrawal certificates 1: Subject to this Act, the Corporation shall, on application made to it in writing by any depositor in relation to a Special Farm Ownership Account not earlier than 3 years 2: Subject to this Act and notwithstanding subsection (1), the Corporation shall, on application made to it in writing by any depositor in relation to a Special Farm Ownership Account not earlier than 3 years after the qualifying date of the Account, issue to him a withdrawal certificate for the balance of the Account or a specified amount to be stated in the certificate where it is satisfied that that balance or that amount is to be used by the depositor in order to purchase farming livestock, or farming plant or machinery for the purpose of sharefarming in New Zealand for the first time. 3: Any withdrawal certificate may be issued subject to such terms and conditions as are set forth in the certificate and which the Corporation considers it necessary or desirable to impose to ensure that any amount withdrawn from a Special Farm Ownership Account pursuant to the certificate is used by the depositor for the purposes for which the certificate was issued. 4: Where any depositor has, pursuant to a withdrawal certificate withdrawn any amount from his Special Farm Ownership Account and redeposits the whole or any part of that amount in his Account, the withdrawal certificate shall be cancelled by the Corporation to the extent of the amount redeposited and the Commissioner notified accordingly. 5: Any withdrawal certificate shall cease to have any force or effect on or after any date that may be specified therein in that behalf or, if no such date is specified therein, on the expiration of 6 months after the date of the certificate. 6: Subject to section 14D(3)(b) Section 14F inserted 25 November 1976 Farm Ownership Savings Amendment Act 1976 Section 14F(1) amended 18 September 1980 Farm Ownership Savings Amendment Act 1980 14G: Ineligible depositors Notwithstanding anything in this Act, no depositor shall be eligible to obtain a withdrawal certificate in respect of a Special Farm Ownership Account if, in the opinion of the Corporation, the depositor would not be eligible for any benefits under Part 1 provided that, having regard to the special circumstances of any case, the Corporation may, in its discretion issue a withdrawal certificate, either in respect of the whole or part of the balance in the Account, and conditionally or unconditionally to any depositor. Section 14G inserted 25 November 1976 Farm Ownership Savings Amendment Act 1976 14H: Breach of farm ownership requirements Where the Corporation at any time knows or has reason to believe or suspect that a depositor who has been issued with a withdrawal certificate has failed to comply with any farm ownership requirements to which he may be or may become subject, the Corporation shall forthwith in writing inform the Commissioner accordingly. Section 14H inserted 25 November 1976 Farm Ownership Savings Amendment Act 1976 3: General provisions Part 3 heading inserted 25 November 1976 Farm Ownership Savings Amendment Act 1976 14I: Restrictions on dispositions 1: For the purposes of this Act, the term restriction period a: in relation to an Ordinary Farm Ownership Account of any depositor who has purchased a farm b: in relation to a Special Farm Ownership Account of any depositor who has purchased a farm c: in relation to an Ordinary Farm Ownership Account of any depositor who has engaged in sharefarming, the period of 2 years commencing on the date on which a purchase grant is paid to the depositor: d: in relation to a Special Farm Ownership Savings Account of any depositor who has engaged in sharefarming, the period of 2 years commencing on the date on which the depositor, pursuant to a withdrawal certificate, withdrew any money from the Account. 2: No depositor shall, without on each occasion the prior written consent of the Corporation, sell, lease, sublease, part with the possession of, mortgage, encumber or otherwise alienate or dispose of (at law or in equity) the whole or any part of any land in relation to the purchase of which the depositor has received a purchase grant or been issued with a withdrawal certificate prior to the expiration, in relation to that land, of the restriction period: provided that the foregoing provisions of this subsection shall not apply to— a: any memorandum of mortgage or other encumbrance granted by the depositor over his estate or interest in any such land to secure any loan made to him by the Corporation, or by the Housing New Zealand Corporation b: any transmission of the depositor's estate or interest in any such land. Section 14I inserted 25 November 1976 Farm Ownership Savings Amendment Act 1976 Section 14I(1)(a) amended 18 September 1980 Farm Ownership Savings Amendment Act 1980 Section 14I(1)(b) amended 18 September 1980 Farm Ownership Savings Amendment Act 1980 Section 14I(1)(c) inserted 18 September 1980 Farm Ownership Savings Amendment Act 1980 Section 14I(1)(d) inserted 18 September 1980 Farm Ownership Savings Amendment Act 1980 Section 14I(2)(a) amended 1 July 2001 section 49A Housing Corporation Act 1974 14J: Effect of dispositions within restriction period If a depositor, contrary to section 14I a: refund to the Corporation any purchase grant which he has received in respect of his deposits in his Ordinary Farm Ownership Account; and b: pay to the Corporation subpart ID provided that, having regard to the special circumstances of any case, the Corporation may, in its discretion, waive, either wholly or partly, the depositor's obligation to— a: refund any purchase grant under this section; or b: pay withdrawal tax which, under subpart ID Section 14J inserted 25 November 1976 Farm Ownership Savings Amendment Act 1976 Section 14J(b) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 14J(b) amended 18 September 1980 Farm Ownership Savings Amendment Act 1980 Section 14J proviso inserted 19 June 1987 Farm Ownership Savings Amendment Act 1987 Section 14J proviso paragraph (b) amended 1 April 2005 section YA 2 Income Tax Act 2004 14K: Effect of cessation of sharefarming If a depositor has been paid a purchase grant or been issued with a withdrawal certificate to enable him to engage in sharefarming, and within the restriction period he— a: ceases to be engaged as a sharefarmer otherwise than in consequence of acquiring a farm for his own occupation b: fails in accordance with the best farming or agricultural practice to replace any farming livestock or farming plant or machinery which he sells or otherwise disposes of, or which are lost or damaged or worn out, or in the case of livestock, die,— he shall— c: be deemed not to have observed the farm ownership requirements; and d: refund to the Corporation any purchase grant which he has received in respect of his deposits in his Ordinary Farm Ownership Account; and e: pay to the Corporation subpart ID provided that, having regard to the special circumstances of any case, the Corporation may, in its discretion, waive, either wholly or partly, the depositors obligation to— a: refund any purchase grant under this section; or b: pay withdrawal tax which, under subpart ID Section 14K inserted 25 November 1976 Farm Ownership Savings Amendment Act 1976 Section 14K(a) amended 18 October 1978 Farm Ownership Savings Amendment Act 1978 Section 14K(e) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 14K(e) amended 18 September 1980 Farm Ownership Savings Amendment Act 1980 Section 14K proviso inserted 19 June 1987 Farm Ownership Savings Amendment Act 1987 Section 14K proviso paragraph (b) amended 1 April 2005 section YA 2 Income Tax Act 2004 14L: Charges and caveats 1: To secure any money which may, pursuant to this Act, or subpart ID a: execute and register, against the title to the depositor's land referred to in section 14I Land Charges Registration Act 1928 b: lodge a caveat in favour of the Corporation against such title pursuant to the Land Transfer Act 1952 c: in addition to or instead of executing and registering any such charge or executing and lodging any such caveat, take such security over all or any of the lands or chattels of the depositor pursuant to this section in such sum as the Corporation may consider appropriate. 2: To register any such charge or to lodge any such caveat it shall not be necessary to produce to a Registrar 3: Where any such charge is so registered or any such caveat is so lodged, it shall be the duty of the Registrar Land Transfer Act 1952 4: Subject to section 14I Registrar 5: No such charge or caveat shall be discharged, released, modified or varied except by the Corporation or pursuant to an Order of the High Court 6: No Section 14L inserted 25 November 1976 Farm Ownership Savings Amendment Act 1976 Section 14L(1) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 14L(2) amended 1 June 2002 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 14L(3) amended 1 June 2002 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 14L(4) amended 1 June 2002 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 14L(5) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 14L(6) amended 20 May 1999 section 7 Stamp Duty Abolition Act 1999 14M: Removal of criteria for payment of purchase grant or issue of withdrawal certificate 1: Notwithstanding any other provision in this Act, any Farm Ownership Account depositor may withdraw the balance of the Account and close the Account if, after 18 June 1987, he or she either makes no further deposits in that Account or makes deposits in the Account which, in the opinion of the Corporation, were made without knowledge of this section. 2: Where the depositor exercises his or her rights under subsection (1), the Corporation shall, in respect of an Ordinary Farm Ownership Account, on the application of a depositor, pay to the depositor a purchase grant pursuant to either section 7 section 7A Part 1 provided that the purchase grant shall be calculated from the qualifying date until the close of 18 June 1987, and all Ordinary Farm Ownership Accounts of under 3 years duration shall attract a purchase grant of 25% of the depositor's eligible savings. 3: Where the depositor exercises his or her rights under subsection (1), the Corporation shall, in respect of a Special Farm Ownership Account, issue to the depositor a withdrawal certificate pursuant to section 14F Part 2 4: Notwithstanding the foregoing provisions of this section, no person shall be entitled to receive a purchase grant or a withdrawal certificate pursuant to this section where the Farm Ownership Account was formerly a Home Ownership Account which was transferred to a Farm Ownership Account pursuant to section 12(1) section 14C(1) Section 14M inserted 19 June 1987 Farm Ownership Savings Amendment Act 1987 15: Information to be supplied to Minister or Corporation Notwithstanding anything in any other Act, every authorised savings institution shall furnish to the Minister or to the Corporation such information and particulars in relation to Farm Ownership Accounts opened with the institution as the Minister may from time to time require to be furnished: provided that nothing in this section shall authorise the Minister to require any authorised savings institution to furnish any information which, in accordance with accepted banking practice, a banker is not obliged to disclose without the consent of the depositor concerned, unless that consent has been obtained. 16: Offences and penalties 1: Every person commits an offence against this Act who— a: makes any statement knowing it to be false in any material particular or otherwise wilfully misleads or attempts to mislead the Corporation or any officer of the Corporation or any other person in relation to any application for a purchase grant for himself or any other person: b: being a person to whom a purchase grant has been paid under this Act— i: fails, within a reasonable time after being required to do so, to supply in writing to the Corporation any information requested by the Corporation for the purpose of ascertaining whether or not the terms and conditions under which the purchase grant was paid have been fulfilled or whether or not any event has taken place by reason of which the purchase grant or any part thereof is repayable: provided that no person shall be required to supply any information tending to incriminate himself; or ii: supplies any information knowing it to be false in any material particular. 2: Any person who commits an offence under subsection (1) is liable on a: to imprisonment for a term not exceeding 6 months or to a fine not exceeding $1,000; and b: to repay in full to the Corporation any purchase grant wrongfully obtained. Section 16(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 17: Regulations 1: The Governor-General may from time to time, by Order in Council, make regulations in regard to any matter or for any purpose for which regulations are prescribed or contemplated by this Act or may be necessary for giving full effect to the provisions of this Act and for the due administration thereof. 2: Without limiting the general power to make regulations conferred by subsection (1), regulations may be made under that subsection— a: prescribing the mode of making application for purchase grants: b: prescribing the procedure for payment of purchase grants: c: prescribing offences in respect of the contravention of or non-compliance with any regulations made under this Act or any term or condition given pursuant to any such regulations, and prescribing penalties on Section 17(2)(c) amended 1 July 2013 section 413 Criminal Procedure Act 2011 18: Consequential amendment Section 18 repealed 28 August 1977 Trustee Savings Banks Amendment Act 1977 4: Closure of Farm Ownership Accounts by 30 June 2001 Part 4 inserted 22 May 1998 section 4 Farm and Fishing Vessel Ownership Savings Schemes (Closure) Act 1998 19: All existing accounts to be closed as at 30 June 2001 1: All Farm Ownership Accounts in existence on 30 June 2001 are to be closed as at that date and their balances paid to their depositors. 2: Where an Ordinary Farm Ownership Account is closed under subsection (1)— a: the Corporation must pay to the depositor a purchase grant under either section 7 section 7A Part 1 b: nothing in sections 14I to 14L 3: Where a Special Farm Ownership Account is closed under subsection (1)— a: the Corporation must issue to the depositor a withdrawal certificate under section 14F Part 2 b: nothing in sections 14I to 14L Part I Income Tax Act 2004 Section 19 inserted 22 May 1998 section 4 Farm and Fishing Vessel Ownership Savings Schemes (Closure) Act 1998 Section 19(3)(b) amended 1 April 2005 section YA 2 Income Tax Act 2004 20: Unrestricted withdrawals may be made by persons making no further deposits after 30 June 1998 1: A Farm Ownership Account depositor may withdraw the balance of the Account and close the Account if the depositor has made no deposits in the Account after 30 June 1998. 2: If a depositor with an Ordinary Farm Ownership Account closes his or her Account under this section— a: the Corporation must pay to the depositor a purchase grant under either section 7 section 7A Part 1 b: nothing in sections 14I to 14L 3: If a depositor with a Special Farm Ownership Account closes his or her Account under this section— a: the Corporation must issue to the depositor a withdrawal certificate under section 14F Part 2 b: nothing in sections 14I to 14L Part I Income Tax Act 2004 4: If a person with a Special Farm Ownership Account makes any deposit into that Account during the period 15 May 1998 to 30 June 1998 (both dates inclusive), the amount of the deposit, to the extent that it is not subsequently withdrawn in accordance with section 14D(2) a: is to be excluded from the withdrawal certificate given under subsection (3)(a); and b: falls to be treated as withdrawal income subject to withdrawal tax in accordance with subpart IZ Section 20 inserted 22 May 1998 section 4 Farm and Fishing Vessel Ownership Savings Schemes (Closure) Act 1998 Section 20(3)(b) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 20(4)(b) amended 1 April 2005 section YA 2 Income Tax Act 2004 21: Parts 1 to 3 to continue to apply to persons making deposits after 30 June 1998 If a depositor with a Farm Ownership Account makes any deposit into that Account on or after 30 June 1998, the provisions of Parts 1 to 3 section 19 Section 21 inserted 22 May 1998 section 4 Farm and Fishing Vessel Ownership Savings Schemes (Closure) Act 1998

DLM425910

1974

Niue Amendment Act (No 2) 1974

1: Short Title This Act may be cited as the Niue Amendment Act (No 2) 1974, and shall be read together with and deemed part of the Niue Act 1966 2: Administration of principal Act 1: 2: 3: The following enactments are hereby consequentially repealed: a: Section 8(3) of the Maori and Island Affairs Department Act 1968 b: So much of the Schedule to that Act as relates to section 2 4: Every reference in any enactment relating to Niue, or in any regulation, rule, order, agreement, deed, instrument, application, notice, licence, or other document whatsoever made pursuant to the principal Act or relating to Niue and in force at the commencement of this Act shall, unless the context otherwise requires,— a: In the case of a reference to the Minister of Island Affairs, be read after the passing of this Act as a reference to the Minister of Foreign Affairs: b: In the case of a reference to the Secretary for Maori and Island Affairs, be read after the passing of this Act as a reference to the Secretary of Foreign Affairs: c: In the case of a reference to the Department of Maori and Island Affairs be read after the passing of this Act as a reference to the Ministry of Foreign Affairs.

DLM414295

1974

Private Investigators and Security Guards Act 1974

1: Short Title and commencement 1: This Act may be cited as the Private Investigators and Security Guards Act 1974. 2: This Act shall come into force on a date to be appointed by the Governor-General by Order in Council, and different dates may be so appointed for the purpose of different provisions of this Act. 2: Interpretation 1: In this Act, unless the context otherwise requires,— certificate of approval section 40 Company credit bureau crime involving dishonesty a: any crime described in sections 108 to 117 b: any crime described in sections 217 to 266 debt-collecting agency licence licensed premises section 2 of the Sale of Liquor Act 1962 officer on in private investigator's licence section 26 public record a: any record, register, file or document— i: that any member of the public is entitled by virtue of any enactment to inspect or peruse, whether on payment of a fee or otherwise; or ii: of or from which any member of the public is entitled by virtue of any enactment to obtain a copy or extract, whether on payment of a fee or otherwise; or b: any newspaper within the meaning of section 2 Films, Videos, and Publications Classification Act 1993 public servant section 2 of the Electoral Act 1956 Register section 13 Registrar section 5 section 8 responsible employee a: in relation to a private investigator, a person who in the course of his employment by the private investigator seeks or obtains for any person or supplies to any person any information specified in subsection (2) of section 3 b: in relation to a security guard, a person who in the course of his employment by the security guard does anything specified in subsection (1) of section 4 security guard's licence section 26 to which the licence relates specified offence a: any of sections 104 105B 158 to 181 188 to 204 216B to 216D b: any of sections 3 5 5A 6 9 10 14 15 18 19 20 21 2: For the purposes of this Act, a person who acts as an officer of a company that is the holder of a licence shall be deemed to be employed by the company. Bank: this definition was omitted 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 Chartered accountant in public practice: this definition was omitted 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 repealed 1 October 1996 section 23 Institute of Chartered Accountants of New Zealand Act 1996 Crime involving dishonesty: paragraph (b) of this definition was amended 1 October 2003 section 34 Crimes Amendment Act 2003 by substituting the words sections 217 to 266 sections 217 to 292 Public record: paragraph (b) amended 27 April 1995 section 4(2) Newspapers and Printers Act Repeal Act 1995 by substituting the words Films, Videos, and Publications Classification Act 1993 Newspapers and Printers Act 1955 Security guard's licence: this definition was amended 18 October 1978 Private Investigators and Security Guards Amendment Act 1978 by inserting the words to which the licence relates Specified offence: this definition was inserted 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 3: Meaning of private investigator 1: In this Act, private investigator a: at the request of any person as a client of the business and not as a member of the public or of any section of the public; and b: for valuable consideration— he seeks or obtains for any person or supplies to any person any information described in subsection (2). 2: For the purposes of this section, information a: the personal character, actions, or behaviour of any person; or b: the financial position of any person; or c: the occupation or business of any person; or d: the identity or whereabouts of any person— but does not include information that is contained in a public record. 3: For the purposes of this section but without limiting the meaning of the term carries on any business 4: Notwithstanding anything in subsection (1), no person is a private investigator within the meaning of this Act by reason of the fact that— a: he seeks, obtains, or supplies any information— i: for or to the Crown, or any member of the Police, or any local authority; or ii: only as a necessary, usual, or reasonable incident of any other activity by him that is not described in that subsection; or iii: for any purpose relating to the dissemination of news or other information to the public or to any section of the public; or iv: for any cultural or historical purpose or for any purpose relating to education, literature, or science; or v: in the course of and for the purposes of engaging in or carrying on any occupation or business in accordance with a practising certificate, licence, permit, or other authority, granted or issued to him under any other enactment; or vi: relating only to the person by whom he is engaged or retained; or vii: in the course of and for the purposes of the business of a bank, or of a credit bureau, or of a debt collecting agency; or b: be carries on any class of the business of a security guard. 5: Notwithstanding anything in subsection (1), the Governor-General may from time to time, by Order in Council, declare that a person is not a private investigator by reason only of the fact that he carries on any occupation or business described in the Order. Subsection (4) substituted 1 April 1979 Private Investigators and Security Guards Amendment Act 1978 4: Meaning of security guard 1: In this Act, security guard a: guards, elsewhere than on premises owned or occupied by himself or his firm or any of his partners, any real or personal property belonging to another person; or b: installs on, repairs on, or removes from any part of any premises that are not owned or occupied by himself or his firm or any of his partners— i: any burglar alarm or similar warning device; or ii: any locking device for a safe or a strongroom; or c: installs on, operates on, causes to be operated on, repairs on, or removes from any part of any premises that are not owned or occupied by himself or his firm or any of his partners, for the purpose of detecting the commission of an offence by any person on those premises, any camera or similar device; or d: enters any premises that are not owned or occupied by himself for the purpose— i: of selling or attempting to sell any device of the kind referred to in subparagraphs (i) or (ii) of paragraph (b), or paragraph (c); or ii: of advising the owner or occupier of the premises on the desirability of having installed on the premises any or any further such device; or iii: of advising the owner or occupier of the premises on the desirability of having guarded the premises or any other property that may from time to time be on the premises or dispatched from the premises ; or e: monitors any burglar alarm or similar warning device, or camera or similar device, that is on any premises that are not owned or occupied by himself or his firm or any of his partners. 2: For the purposes of this section but without limiting the meaning of the term carries on any business 3: Notwithstanding anything in subsection (1), no person is a security guard within the meaning of this Act by reason a: he is engaged by the licensee or manager of any licensed premises to assist in maintaining order on those premises; or b: he engages in or carries on any occupation or business in accordance with a practising certificate, licence, permit, or other authority, granted or issued to him under any other enactment. 4: Notwithstanding anything in subsection (1), the Governor-General may from time to time, by Order in Council, declare that a person is not a security guard by reason only of the fact that he carries on any occupation or business described in the Order. Subsection (1) amended 1 April 1979 Private Investigators and Security Guards Amendment Act 1978 by omitting the words in return Subsection (1)(d) amended 1 April 1979 Private Investigators and Security Guards Amendment Act 1978 by inserting the expression ; or Subsection (1)(e) inserted 1 April 1979 Private Investigators and Security Guards Amendment Act 1978 Subsection (3) amended 1 April 1979 Private Investigators and Security Guards Amendment Act 1978 by omitting the word only 1: Administration of Act 5: Registrar of Private Investigators and Security Guards 1: The Minister of Justice shall from time to time, by notice in the Gazette 2: Subject to subsection (2) of section 6 6: Qualifications of Registrar 1: No person shall be capable of holding office as Registrar unless he is a barrister or solicitor of the High Court 2: No public servant shall be capable of holding office as Registrar. 7: Term of office of Registrar 1: Subject to this section, the Registrar shall hold office for a term of 3 years from the date of his appointment, but may from time to time be reappointed. 2: The Registrar may at any time resign his office by delivering a notice in writing to that effect to the Minister of Justice. 3: The Minister of Justice may at any time remove the Registrar from office for inability or misbehaviour. 8: Deputy 1: Where the Minister of Justice is satisfied that the Registrar is unable, because of illness or absence or for any other reason, to exercise the functions of his office, the Minister may by notice in the Gazette 2: No person who is incapable of holding office as Registrar shall be capable of being appointed to be the deputy of the Registrar. 3: During the incapacity of the Registrar, the person who is for the time being his deputy may exercise the functions and powers and shall perform the duties of Registrar under this Act. 4: No appointment of a deputy under this section, and no act done by him when acting as Registrar, shall in any proceedings be questioned on the grounds that the occasion for the appointment had not arisen or had ceased. 9: Remuneration of Registrar 1: The office of Registrar is declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951 2: There shall be paid to the Registrar, out of money appropriated by Parliament for the purpose, remuneration for his services by way of fees, salary, or allowances, in accordance with the Fees and Travelling Allowances Act 1951 3: There shall also be paid to the Registrar, out of money appropriated by Parliament for the purpose, travelling allowances and travelling expenses, in accordance with the Fees and Travelling Allowances Act 1951 4: The Fees and Travelling Allowances Act 1951 10: Registrar to be a Commission of Inquiry for certain purposes 1: For the purposes of hearing and determining any matter under any of sections 25 26 27 , 32A 33 39 40 44 56 57 59 sections 4 10 11 sections 5 6 7 9 12 14 2: At the hearing of any matter under any of sections 25 , 32A 33 39 44 Subsection (1) amended 18 October 1978 Private Investigators and Security Guards Amendment Act 1978 by inserting the expression , 32A Subsection (2) amended 18 October 1978 Private Investigators and Security Guards Amendment Act 1978 by inserting the expression , 32A 11: Protection of Registrar The Registrar shall not be personally liable for any act done or omission made by him while acting in good faith in pursuance or intended pursuance of his functions, powers, and duties under this Act. 12: Administrative and secretarial services The chief executive of the Department for Courts Section 12 amended 1 July 1995 Department of Justice (Restructuring) Act 1995 by substituting the words chief executive of the Department for Courts Secretary for Justice 13: Registers 1: The Registrar shall compile and keep in his office— a: a register of all persons to whom private investigators' licences have been issued; and b: a register of all persons to whom certificates of approval to be responsible employees of private investigators have been issued; and c: a register of all persons to whom security guards' licences have been issued; and d: a register of all persons to whom certificates of approval to be responsible employees of security guards have been issued. 2: Every register shall show— a: the full name, residential address, and occupation of every holder of a licence or certificate of approval; and b: the date on which the licence or certificate of approval is issued; and c: every date on which the licence or certificate of approval is renewed; and d: in the case of a licence, the registered office of the holder, and every other place of business specified in the licence; and e: details, including dates, of any suspension or cancellation of the licence or certificate of approval; and f: such other matters as may be prescribed. 14: Inspection of registers 1: Any person may inspect a register at the offices of the Registrar during normal working hours, on payment of the prescribed fee (if any). 2: Any person may, on payment of the prescribed fee (if any), require the Registrar to provide a copy of a register, or any part of a register. Subsection (2) inserted 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 15: Statement by Registrar as to contents of register A statement in writing under the hand of the Registrar— a: to the effect that any specified person is or is not the holder of a licence or certificate of approval, or was or was not the holder of a licence or certificate of approval at any particular time or during any period specified in the statement; or b: as to any entry in a register— shall in any judicial proceedings be sufficient evidence, until the contrary is proved, of the matters referred to in the statement. 2: Licensing of private investigators and security guards 16: Private investigators and security guards to be licensed 1: No person shall be a private investigator unless he is the holder of a private investigator's licence. 2: No person shall be a security guard unless he is the holder of a security guard's licence for every class of the business of a security guard that he carries on. 3: Every person who contravenes subsection (1) or subsection (2) commits an offence against this Act. Subsection (2) substituted 18 October 1978 Private Investigators and Security Guards Amendment Act 1978 Subsection (3) substituted 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 17: Presumption against granting application in certain cases 1: In any case where the applicant for a licence (or, if the applicant for a licence is a company, in any case where any officer of the company)— a: is under the age of 20 years; or b: has not had, in the period of 3 years immediately preceding the date of the application, at least 12 months' experience as a licensee or responsible employee in the type of business to which the application relates; or c: has previously held a private investigator's or security guard's licence, or a certificate of approval to be a responsible employee of a private investigator or security guard, that has been cancelled in accordance with this Act at any time within the period of 5 years immediately preceding the date of the application,— the Registrar shall not grant the application unless, having regard to all the circumstances of the case, the Registrar is satisfied that there are special factors that would justify the granting of the application. 2: In any case where the applicant for a licence (or, if the applicant for a licence is a company, in any case where any officer of the company)— a: has been convicted, at any time within the period of 5 years immediately preceding the date of the application, of any crime involving dishonesty or of any specified offence; or b: has been detained, at any time within the period of 5 years immediately preceding the date of the application, in a prison the Registrar shall not grant the application unless, having regard to the nature and circumstances of the offence, the Registrar is satisfied that the application should be granted. Section 17 substituted 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 Subsection (2)(b) amended 1 June 2005 section 206 Corrections Act 2004 by substituting the word prison penal institution See clause 2 18: Application for licence 1: A person who wishes to obtain a licence shall apply in writing, in the prescribed form (if any), and with one additional copy 2: The application shall state the following information: a: the full name, residential address, occupation, and date of birth of the applicant: b: in the case of a company, the full name, residential address, occupation, and date of birth of every officer of the company, and the nature of all other business carried on or proposed to be carried on by the applicant: c: the full address of every place of business from which the applicant proposes to carry on the business to which the application relates: d: the proposed registered office of the applicant, being one of the places of business specified in the application: e: such other matters as may be prescribed. 2A: In the case of an application for a security guard's licence, it shall also state— a: that the applicant proposes to carry on all of the classes of the business of a security guard specified in section 4 b: where he does not intend to carry on all of those classes of business, the particular classes that he does propose to carry on. 3: The application may also state an address, other than the residential address of the applicant, at which documents relating to the application may be served on him. 4: The application shall be accompanied by the prescribed fee (if any), and (except where the applicant is a company) by 2 identical photographs of the applicant Subsection (1) amended 18 October 1978 Private Investigators and Security Guards Amendment Act 1978 by inserting the words and with one additional copy Subsection (2A) inserted 18 October 1978 Private Investigators and Security Guards Amendment Act 1978 Subsection (4) amended 18 October 1978 Private Investigators and Security Guards Amendment Act 1978 by omitting the words that, in the opinion of the Registrar, comply with the requirements (if any) of any regulations made in that behalf under this Act 19: Approved bond by private investigator Subsection (5) amended 1 July 1989 section 86(1) Public Finance Act 1989 by substituting the words a Trust Bank Account established under section 67 of the Public Finance Act 1989 the Public Account to the credit of the Trust Account Section 19 repealed 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 20: Effect of bond on renewal of licence Section 20 repealed 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 21: Notice of application for license 1: The Registrar shall cause a copy of every application for a licence to be served on the Police. 2: Every applicant for a licence shall cause a notice, in the prescribed form (if any), of his application to be published twice, at intervals of not more than 14 days, in a newspaper or newspapers approved for the purpose by the Registrar. 3: The application shall not be heard before the expiry of 1 month after subsections (1) and (2) have been complied with. Section 21 substituted 18 October 1978 Private Investigators and Security Guards Amendment Act 1978 22: Objections by Police to application for licence 1: The Police may, within 1 month after a copy of an application for a licence has been served on them under subsection (1) of section 21 2: The notice shall state the grounds of the objection. 3: The Police shall cause a copy of the notice of objection to be served on the applicant within 7 days after it is filed with the Registrar. 23: Objections by other persons 1: Any person other than a member of the Police may, within 1 month after the first date of publication of a notice under subsection (2) of section 21 2: No objection may be made under this section except on 1 or more of the following grounds: a: where the applicant is a person other than a company, that the applicant is not, by reason of his personal character, fitness, or financial position, a proper person to be the holder of the licence: b: where the applicant is a company, that it is not, by reason of its financial position or of the nature of any other business carried on or to be carried on by it, a proper person to be the holder of the licence: c: where the applicant is a company, that any officer of the company is not, by reason of his personal character or fitness, a proper person to be employed by the company in the course of the business to which the application relates. 2A: In the case of an application for a security guard's licence, the grounds of objection specified in subsection (2) may relate either to the application as a whole or to any particular class or classes of the business of a security guard that the applicant proposes to carry on. 3: The notice shall state the grounds of the objection. 4: The objector shall cause a copy of the notice of objection to be served on the applicant within 7 days after it is filed with the Registrar. Subsection (2A) inserted 18 October 1978 Private Investigators and Security Guards Amendment Act 1978 24: Cases in which hearing may be dispensed with Subject to subsection (1) of section 26 section 25 sections 22 23 25: Hearing of application for licence 1: Except as provided in section 24 a: the applicant; and b: every person who has filed a notice of objection to the grant of the application in accordance with section 22 section 23 2: At the hearing, the applicant and every objector shall be entitled to appear and to be heard, and to call evidence, and to cross-examine, and re-examine witnesses. 3: The applicant or any objector may conduct his case personally or may be represented by counsel. 4: The Registrar may from time to time adjourn the hearing to a future time and place fixed by him. 26: Issue of licence 1: Where the Registrar is satisfied in respect of an application for a licence that the provisions of this Act have been complied with and that the applicant is a proper person to be the holder of the licence, he shall grant the application, but otherwise he shall refuse to grant the application. 1A: In the case of an application for a security guard's licence, the Registrar may grant a licence under subsection (1) either— a: for all of the classes of the business of a security guard specified in section 4 b: for any particular class or classes of that business that he specifies in the licence. 2: The Registrar shall notify the applicant in writing of his decision. 3: Where the Registrar grants an application for a licence, he shall specify in the licence a place of business to be the registered office of the applicant, and may also specify in the licence any other places from which the applicant may carry on the business to which the licence relates. 4: Where the Registrar grants an application for a licence he shall, on payment of the prescribed fee (if any), issue to the applicant a licence in the appropriate form in Schedule 2 Subsection (1A) inserted 18 October 1978 Private Investigators and Security Guards Amendment Act 1978 27: Registrar to require evidence as to suitability of applicant 1: The Registrar shall not determine under subsection (1) of section 26 2: The Registrar shall not determine under subsection (1) of section 26 a: the financial position of the company; and b: the personal character and fitness of every officer of the company; and c: the nature of all business that the company carries on or proposes to carry on (other than the business to which the application relates)— are such that, having regard to the interests of the public, the company is a proper person to be the holder of the licence. 2A: The Registrar shall not determine under subsection (1) of section 26 section 4 3: Nothing in this section shall limit the discretion of the Registrar to refuse to grant an application for a licence if he is not satisfied that the applicant is a proper person to be the holder of the licence. Subsection (2A) inserted 18 October 1978 Private Investigators and Security Guards Amendment Act 1978 28: Effect of licence 1: A private investigator's licence shall authorise the licensee to carry on the business of a private investigator on his own account during the currency of the licence, either by himself or in partnership with any other person or persons who are the holders of private investigators' licences. 2: A security guard's licence, according to its tenor, shall authorise the licensee either— a: to carry on all of the classes of the business of a security guard specified in section 4 b: to carry on the particular class or classes of that business that are specified in the licence— on his own account during the currency of the licence, either by himself or in partnership with any other person or persons who are the holders of security guards' licences that include that same authority. 3: Notwithstanding subsections (1) and (2), a licence shall not authorise a licensee to carry on the business to which the licence relates from any place of business that is not specified in the licence. Subsection (2) substituted 18 October 1978 Private Investigators and Security Guards Amendment Act 1978 29: Duration of licence Every licence shall, unless it has been terminated in accordance with this Act, continue in force for a period ending with the 31st day of March next following the date on which it is issued, but may from time to time be renewed in accordance with this Act. 30: Registrar to notify Commissioner of Police when licence issued The Registrar shall, after issuing a licence, notify the Commissioner of Police in writing of— a: the full name and residential address of the licensee; and b: the nature and number of the licence; and c: the date on which it was issued; and d: the registered office of the licensee and the other places of business specified in the licence. 31: Name under which licensee may carry on business 1: No licensee, other than a company, shall carry on the business to which the licence relates under any name that is not— a: his own name; or b: in the case of a firm, the name of one of the partners— unless the name has been approved in writing by the Registrar. 2: An applicant for a licence or a licensee may at any time apply in writing to the Registrar to approve a name under subsection (1). 3: The Registrar shall not approve a name under subsection (1) if he considers that the name so nearly resembles the name of any other person, firm, or company carrying on business as a private investigator or as a security guard (as the case may require) as to be likely to deceive, or that the name is that of any person, firm, or company— a: whose licence has been suspended or cancelled under section 55 section 57 section 60 b: whose application for a licence has at any time been refused under this Act and who has not subsequently obtained such a licence. 4: No licensee that is a company shall carry on the business to which the licence relates under any name other than the name by which the company is registered or incorporated. 5: Every licensee who contravenes subsection (1) or subsection (4) commits an offence against this Act. 32: Persons not to act as officers of licensed company without consent of Registrar 1: In the case of a licensee that is a company— a: no person who is not a director of the company at the time when the application for the licence is granted shall subsequently act as a director of the company; and b: no person who is not an officer of the company at the time when the application is granted shall subsequently act as an officer of the company— without the prior written approval of the Registrar. 2: A licensee may at any time apply in writing to the Registrar for approval of any person under subsection (1). 3: The Registrar shall not give his approval under subsection (1) in respect of a person unless the Registrar is satisfied that taking into account the requirements of section 27 4: The provisions of section 17 5: Every person who contravenes subsection (1) commits an offence against this Act 6: Every licensee who, being a company, employs any person or permits any person to act as a director or other officer of the company in contravention of subsection (1), commits an offence against this Act 7: Subsection (4) amended 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 by omitting the words subsection (4) of Subsections (5) (6) amended 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 by inserting the words against this Act Subsection (7) repealed 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 32A: Amendment of security guard's licence 1: Where the Registrar has under section 26 section 4 2: On an application for the amendment of a security guard's licence, the Registrar may require the applicant (except where it is a company) to submit to him 2 additional identical photographs of the applicant. 3: The application shall be heard and determined in the same way as if it were an application for a security guard's licence, and the provisions of sections 21 to 25 subsections (1), (2), and (3) of section 26 section 27 section 30 4: Where the Registrar grants an application under this section to amend a security guard's licence he shall, on payment of the prescribed fee (if any), issue to the applicant an amended licence specifying the additional class or classes of the business of a security guard that the licensee may carry on. Section 32A inserted 18 October 1978 Private Investigators and Security Guards Amendment Act 1978 33: Renewal of licence 1: Every licence, unless it has been terminated in accordance with this Act, may from time to time be renewed in accordance with this section. 2: An application for the renewal of a licence shall be made by the licensee in writing, in the prescribed form (if any) and with one additional copy, to the Registrar. 3: The application shall be made not earlier than the 1st day of January, and not later than the last day of February, in the year in which the licence will expire. 4: On an application for the renewal of a licence, the Registrar may require the applicant (except where it is a company) to submit to him 2 additional identical photographs of the applicant. 5: After the application has been filed with the Registrar, it shall be advertised and a copy shall be served on the Police, in the same way as if it were an application for a licence. 6: The application shall not be heard before the expiry of 1 month after subsection (5) has been complied with. 7: The police may, before the expiry of 1 month after subsection (5) has been complied with, file with the Registrar a notice of objection to the application in the same way as if it were an application for a licence. 8: Any person other than a member of the police may, before the expiry of 1 month after subsection (5) has been complied with, file with the Registrar a notice of objection to the application, on the same grounds and in the same way as if it were an application for a licence. 9: The application shall be heard and determined in the same way as if it were an application for a licence and, subject to subsections (7) and (8), the provisions of sections 22 to 25 section 26 section 27 section 30 10: The Registrar may hear and determine an application for the renewal of a licence, or any objection to its renewal, notwithstanding that the application or the notice of objection is not filed within the time limit specified in this section, as long as the application or notice, as the case may be, is filed before the date of expiry of the licence. 11: Where the Registrar grants an application for the renewal of a licence he shall, on payment of the prescribed fee (if any), issue a renewed licence accordingly. 12: Where an application for the renewal of a licence has been made but not determined before the licence expires Section 33 substituted 18 October 1978 Private Investigators and Security Guards Amendment Act 1978 Subsections (7) (8) substituted 15 November 2000 section 3 Private Investigators and Security Guards Amendment Act 2000 Subsection (12) amended 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 by omitting the words and a bond that complies with section 19 of this Act is for the time being in effect in respect of the licence 3: Approval of responsible employees of private investigators and security guards 34: Responsible employees to be approved by Registrar 1: No holder of a private investigator's licence shall, either by himself or in partnership with any other licensee, employ or permit to act as a responsible employee in the business of a private investigator any person who is not the holder of a certificate of approval to be a responsible employee of a private investigator. 2: No holder of a security guard's licence shall, either by himself or in partnership with any other licensee, employ or permit to act as a responsible employee in the business of a security guard any person who is not the holder of a certificate of approval to be a responsible employee of a security guard. 3: Any person who— a: being a licensee, employs any person as a responsible employee, or permits any person to act as a responsible employee, in contravention of subsection (1) or subsection (2); or b: is employed as a responsible employee by a licensee, or acts as a responsible employee of a licensee, in contravention of subsection (1) or subsection (2); or c: not being the holder of a certificate of approval to be a responsible employee of a private investigator or security guard, holds himself out to any person or to the public as being a responsible employee of a private investigator or security guard— commits an offence against this Act Subsection (3) amended 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 by substituting the words against this Act and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine of $500 or to both 35: Presumption against granting application in certain cases 1: In any case where an application for a certificate of approval is made in respect of any person who is under the age of 18 years, the Registrar shall not grant the application unless, having regard to all the circumstances of the case, the Registrar is satisfied that there are special factors that would justify the granting of the application. 2: In any case where an application for a certificate of approval to be a responsible employee of a private investigator or security guard is made in respect of any person whose application, if he or she were to apply in his or her own right for a private investigator's or security guard's licence, would be required to be considered by the Registrar— a: under section 17(1)(c) b: under section 17(2) In the original section 35 Apprenticeship Act 1983 (1) substituted 1 November 1983 repealed Apprentices Act 1948 Apprenticeship Act 1983 (No 16) repealed 1 July 1992 section 14(1) Industry Training Act 1992 See section 15 Section 35 substituted 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 36: Application for certificate of approval 1: An application for a certificate of approval shall be made in writing, in the prescribed form (if any) and with one additional copy, to the Registrar by the person who proposes to employ the person in respect of whom the application is made. 2: The application shall state the following information: a: the full name of the applicant and (where he is a licensee) his registered office: b: the full name, residential address, occupation, and date of birth of the person in respect of whom the application is made: c: such other matters as may be prescribed. 3: The application shall be accompanied by the prescribed fee (if any), and by 2 identical photographs of the person in respect of whom the application is made. 4: Where the application for a certificate of approval is made by an applicant for a licence, it shall be attached to and form part of the application for a licence. 5: The Registrar shall cause a copy of the application to be served on the Police. 6: The application shall not be heard before the expiry of 1 month after subsection (5) has been complied with. Section 36 substituted 18 October 1978 Private Investigators and Security Guards Amendment Act 1978 37: Temporary permission to engage responsible employee 1: Notwithstanding section 34 subsection (5) section 36 2: Any commissioned officer of Police or other member of the Police specified in subsection (1)n may from time to time renew, for a further period not exceeding 2 months, any permission given under that subsection. 3: Permission given under this subsection shall in any event cease to have effect when the application for the certificate of approval is determined by the Registrar. Subsection (1) amended 18 October 1978 Private Investigators and Security Guards Amendment Act 1978 by substituting the expression (5) (4) 38: Objections by Police to application for certificate of approval 1: The Police may— a: within 1 month after a copy of an application for a certificate of approval has been served on them under this section (where the application forms part of an application for a licence); or b: within 7 days after the copy is served on them (in any other case)— file with the Registrar a notice of objection to the grant of the application. 2: The notice shall state the grounds of the objection. 3: The Police shall cause a copy of the notice of objection to be served on the applicant within 7 days after it is filed with the Registrar. 39: Hearing of application for certificate of approval 1: The Registrar shall fix a time and place for the hearing of an application for a certificate of approval, and shall give not less than 14 clear days' notice of the hearing to the applicant and, where the Police have filed a notice of objection, to the Police. 2: The provisions of section 25 3: Subject to subsection (1) of section 40 section 38 40: Issue of certificate of approval 1: Where the Registrar is satisfied in respect of an application for a certificate of approval that the provisions of this section have been complied with, and that having regard to the interests of the public, the person in respect of whom the application is made is a proper person to be a responsible employee of the applicant, the Registrar shall grant the application, but otherwise he shall refuse to grant the application. 2: The Registrar shall notify the applicant in writing of his decision. 3: Where the Registrar grants an application under this section he shall, on payment of the prescribed fee (if any), issue a certificate of approval in the appropriate form in Schedule 2 41: Effect of certificate of approval A certificate of approval shall authorise the holder to work during the currency of the certificate as a responsible employee of any licensee carrying on the business to which the certificate of approval relates. 42: Duration of certificate of approval Every certificate of approval, unless it has been terminated in accordance with this Act, shall continue in force until the expiration of the 31st day of March next following the date on which it is issued (whether or not the holder continues to be employed by the same licensee), but may from time to time be renewed in accordance with this Act. 43: Registrar to notify Commissioner of Police when certificate of approval issued The Registrar shall, after issuing a certificate of approval, notify the Commissioner of Police in writing of— a: the full name and residential address of the holder of the certificate of approval; and b: the nature and number of the certificate of approval; and c: the date on which it was issued. 44: Renewal of certificate of approval 1: Every certificate of approval, unless it has been terminated in accordance with this Act, may from time to time be renewed in accordance with this section. 2: An application for the renewal of a certificate of approval may be made in writing, in the prescribed form (if any) and with one additional copy, to the Registrar by the licensee by whom the holder of the certificate of approval is employed. 3: The application shall be made not earlier than the 1st day of January, and not later than the last day of February, in the year in which the certificate of approval will expire. 4: On an application for the renewal of a certificate of approval, the Registrar may require the applicant to submit to him 2 additional identical photographs of the holder of the certificate of approval. 5: After the application has been filed with the Registrar, a copy shall be served on the Police in the same way as if it were an application for a certificate of approval. 6: The application shall not be heard before the expiry of 1 month after subsection (5) has been complied with. 7: The Police may, before the 7th day of March in the year in which the certificate of approval will expire, file with the Registrar a notice of objection to the application in the same way as if it were an application for a certificate of approval. 8: The Police shall cause copies of the notice of objection to be served respectively on— a: the applicant; and b: the holder of the certificate of approval— within 7 days after it is filed with the Registrar. 9: The application shall be heard and determined in the same way as if it were an application for a certificate of approval. 10: The holder of the certificate of approval in respect of which the application is made shall be entitled to appear as a party to the application, and the provisions of sections 35 36 39 section 40 section 43 11: The Registrar may hear and determine an application for the renewal of a certificate of approval, or any objection to its renewal, notwithstanding that the application or the notice of objection is not filed within the time limit specified in this section, as long as the application or notice, as the case may be, is filed before the date of expiry of the certificate of approval. 12: Where the Registrar grants an application for the renewal of a certificate of approval he shall, on payment of the prescribed fee (if any), issue a renewed certificate of approval accordingly. 13: Where an application for the renewal of a certificate of approval has been made but not determined before the certificate of approval expires, the certificate of approval shall continue in force until the application is determined by the Registrar. Section 44 substituted 18 October 1978 Private Investigators and Security Guards Amendment Act 1978 4: Duties of private investigators, security guards, and responsible employees General duties 45: Production of licence 1: Every licensee shall produce his licence on demand to— a: the Registrar; or b: any member of the Police; or c: any person with whom he is dealing in the course of transacting or attempting to transact the business to which the licence relates. 2: Where the licensee is a company it shall be sufficient compliance with the requirements of subsection (1) if the licence is kept in the company's registered office and is made available for inspection on demand by any of the persons referred to in that subsection. 3: Every licensee who knowingly contravenes subsection (1) commits an offence against this Act. 46: Production of certificate of approval 1: Every holder of a certificate of approval shall produce his certificate of approval on demand to— a: the Registrar; or b: any member of the Police; or c: any person with whom he is dealing in the course of transacting or attempting to transact the business to which the certificate of approval relates. 2: Every holder of a certificate of approval shall, on demand by any other person specified in subsection (1), inform that other person of the name and address of the licensee by whom the holder is employed. 3: Every holder of a certificate of approval who knowingly contravenes subsection (1) or subsection (2) commits an offence against this Act. Subsections (2) (8) substituted 18 October 1978 Private Investigators and Security Guards Amendment Act 1978 See section 1(2) of that Act 47: Notice to Registrar of change of employment 1: Where any holder of a certificate of approval leaves the employment of any licensee, the licensee shall within 7 days notify the Registrar in writing of the name of the holder and of the date on which he left his employment. 2: Where any holder of a certificate of approval commences employment with any licensee, the licensee shall within 7 days notify the Registrar in writing of the name of the holder, the address at which he is employed, and the date on which he commenced his employment. 3: Every licensee who contravenes subsection (1) or subsection (2) commits an offence against this Act. Section 47 substituted 18 October 1978 Private Investigators and Security Guards Amendment Act 1978 Duties of private investigators 48: Private investigator to display notices at offices 1: Every holder of a private investigator's licence shall at all times exhibit at every place of business specified in his licence, in a place where it can be easily read from outside that place of business, a conspicuous notice stating— a: his full name; and b: the fact that he is the holder of a private investigator's licence; and c: if the business is not carried on in his own name, the name under which he carries on the business. 2: Every holder of a private investigator's licence shall cause to be conspicuously displayed on— a: all notices, advertisements, and other publications issued by him or on his behalf, in the course of or in connection with the business of a private investigator; and b: all letters, accounts, and other documents sent out by him or on his behalf, in the course of or in connection with the business of a private investigator— the information specified in paragraphs (a) to (c) of subsection (1). 3: Every holder of a private investigator's licence shall cause to be conspicuously shown on all letters sent out or published by him or on his behalf, in the course of or in connection with the business of a private investigator, a statement to the effect that he has no more authority than that of an ordinary private citizen to require a reply to the letter. 4: Every licensee who knowingly contravenes subsection (1), subsection (2), or subsection (3) commits an offence against this Act. 49: Money in anticipation of expenditure to be paid into trust account Section 49 repealed 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 50: Trust account to be audited Section 50 repealed 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 51: Private investigator to render account to principal 1: Every holder of a private investigator's licence— a: within 7 days after being requested to do so by any person for whom the licensee or his firm is acting in the course of the business of a private investigator; or b: if no request is made, then within 28 days after the licensee or the firm ceases to act for that person— shall render to that person an account in writing setting out full particulars of all money that has been received by the licensee or the firm for or on behalf of that person, and the application of that money. 2: Any licensee who has rendered an account in accordance with subsection (1) in respect of any money expended by him or by his firm in the course of acting for any person may appropriate any money standing in his account to the credit of that person in satisfaction of the account rendered. 3: Except as provided in subsection (2), every licensee shall— a: within 7 days after being requested to do so by any person for whom the licensee or his firm is acting in the course of the business of a private investigator; or b: if no such request is made, then within 28 days after the licensee or firm ceases to act for that person— pay to that person all money held for that person 4: Every licensee who contravenes subsection (1) or subsection (3) commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $500 or to both. Subsection (3) amended 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 by omitting the words in the trust account of the licensee or firm 52: Private investigator not to take photographs or make recordings without consent 1: Every person who, in the course of or in connection with the business of a private investigator,— a: takes or causes to be taken, or uses or accepts for use, any photograph, cinematographic picture, or videotape recording of another person; or b: by any mechanical device records or causes to be recorded the voice or speech of another person,— without the prior consent in writing of that other person, commits an offence against this Act Provided that nothing in this subsection shall apply to the taking or using by any person of any photograph for the purposes of identifying any other person on whom any legal process is to be or has been served. 2: No photograph or cinematographic film, or videotape recording taken, or other recording made, in contravention of subsection (1) shall be admissible as evidence in any civil proceedings. Subsection (1) amended 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 by substituting the words against this Act and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine of $500 or to both 5: Disciplinary functions of Registrar 53: Complaints against licensee 1: The Police may at any time file a written complaint with the Registrar against any licensee. 2: Any person other than a member of the Police may at any time, with the leave of the Registrar, file a written complaint with him against any licensee. 3: The Registrar shall refuse leave under subsection (2) unless he is satisfied that the complainant has a personal interest in the subject-matter of the complaint, and that the complaint is made in good faith and is not frivolous or vexatious. 4: No complaint may be made under this section except on 1 or more of the following grounds: a: that the licensee has been convicted of any crime involving dishonesty or of any specified offence: b: any of the grounds specified in section 58 c: that the licensee has contravened any provision in this Act or in any regulations made under this Act: d: that the licensee has been guilty of misconduct or negligence in the course of the business to which the licence relates. 5: The complainant shall specify the grounds on which it is made. 6: The complaint shall, within 7 days after filing the complaint with the Registrar, cause a copy of the complaint to be served on the licensee. Subsection (4)(a) substituted 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 54: Registrar may refer matter to Police 1: On receipt of a complaint from a person under subsection (2) of section 53 2: In any other case where the Registrar suspects on reasonable grounds that there may be any grounds for complaint against a licensee, he may refer the matter to the Commissioner of Police and request the Commissioner to investigate it with a view to deciding whether a complaint against the licensee should be filed under subsection (1) of section 53 55: Suspension of licensee pending determination of complaint 1: Where a complaint has been filed under section 53 2: The Registrar shall not be obliged to give any notice to the licensee that he intends to make an order of suspension under this section. 3: The Registrar shall notify the licensee in writing of any order of suspension made by him under this section and of his reasons for making the order, and shall, as soon as practicable thereafter, afford the licensee an opportunity to make representations to the Registrar for the revocation of the order. 4: An order of suspension made under this section shall come into force when the licensee is notified of the order in accordance with subsection (3), and while it continues in force, the licence to which it relates shall cease to have effect, and shall not be renewed, and no new licence of the same type shall be granted to the licensee. 5: The Registrar may at any time, on his own motion or on the application of the licensee, revoke an order of suspension made under this section. 56: Hearing of complaint 1: Where a complaint has been filed with the Registrar against any licensee under section 53 2: The Registrar shall give not less than 14 days' notice of the hearing— a: to the licensee; and b: to the complainant; and c: where the Registrar wishes the Police to attend, to the Commissioner of Police. 3: At the hearing, the complainant, the licensee, and the Commissioner of Police or any other member of the Police on his behalf, shall be entitled to appear and to be heard, and to call evidence, and to cross-examine and re-examine witnesses. 4: Any party at the hearing may conduct his case personally or may be represented by counsel. 5: The Registrar may from time to time adjourn the hearing to a future time and place fixed by him. 57: Powers of Registrar on determining complaint 1: If, after hearing a complaint in respect of a licensee in accordance with section 56 a: subject to section 58 b: make an order suspending the licence for such period, not exceeding 3 years, as the Registrar shall specify in the order: c: fine the licensee any amount not exceeding $500 d: reprimand the licensee: e: where the Registrar is satisfied in the case of a licensee that is a company that the grounds of the complaint relate to any conduct or omission by a particular officer of the company, make an order directing the licensee to terminate the employment of that officer within such time as the Registrar shall specify in the order. 2: If, after hearing the complaint, the Registrar is not satisfied that the grounds of the complaint have been proved, he shall dismiss the complaint. 3: While any order of suspension of a licence made under this section continues in force, the licence shall cease to have effect, and shall not be renewed, and no new licence of the same type shall be issued to the licensee. 4: Any fine imposed by the Registrar on a licensee under subsection (1) shall be deemed to be a debt due by the licensee to Her Majesty the Queen, and shall be recoverable accordingly in any Court of competent jurisdiction. 5: The Registrar shall forthwith give notice in writing to the licensee, the Commissioner of Police, and (where the complainant is not a member of the Police) the complainant, of the decision made by him under this section, and of any penalty imposed by him under this section. 6: Where the Registrar makes an order under paragraph (e) of subsection (1), he shall also give notice in writing of the order forthwith to the officer to whom it relates. Subsection (1)(c) amended 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 by substituting the expression $500 $50 58: Grounds for cancellation of licence 1: Subject to section 60 a: where any person specified in subsection (2) i: an offence under any of the provisions specified in Schedule 3 ii: any drug-dealing offence within the meaning of section 10(1) aa: where any person specified in subsection (2) has been convicted of any crime involving dishonesty or of any specified offence, and the Registrar is satisfied that the licensee is not a proper person to hold the licence: b: where any person specified in subsection (2) in the course of carrying on the business of a security guard uses any dog and, in respect of that dog, is convicted of an offence against any of the provisions of the Dog Control Act 1996 c: where any person specified in subsection (2), having been convicted of an offence against this Act, is within 3 years after the date of the conviction again convicted of an offence against this Act: d: where any person specified in subsection (2) has been guilty of misconduct or negligence in the course of the business to which the licence relates, and in the opinion of the Registrar the licensee is for that reason not a proper person to carry on that business: e: where any person specified in subsection (2) is adjudged bankrupt, or makes any assignment for the benefit of his creditors, or makes any composition with his creditors: f: in the case of a licensee that is a company, where the High Court g: in the case of a licensee that is a company, where the licensee fails to comply with an order made under paragraph (e) of subsection (1) of section 57 2: The persons referred to in subsection (1) are— a: the licensee; and b: in the case of a licensee that is a company, any officer of the company. Subsection (1)(a) substituted 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 Subsection (1)(aa) inserted 18 October 1978 Private Investigators and Security Guards Amendment Act 1978 Subsection (1)(aa) substituted 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 Subsection (1)(b) amended 22 October 2003 section 3 Private Investigators and Security Guards Amendment Act 2003 by substituting the words the Dog Control Act 1996 Part 3 of the Dogs Registration Act 1955 59: Disciplinary powers of Registrar in respect of responsible employees 1: The Police may at any time file a written complaint with the Registrar against any holder of a certificate of approval. 2: Any person other than a member of the Police may at any time, with the leave of the Registrar, file a written complaint with him against any holder of a certificate of approval. 3: The Registrar shall refuse leave under subsection (2) unless he is satisfied that the complainant has a personal interest in the subject-matter of the complaint, and that the complaint is made in good faith and is not frivolous or vexatious. 4: No complaint may be made under this section except on 1 or more of the following grounds: a: that the holder of the certificate of approval has been convicted of any crime involving dishonesty or of any specified offence: b: that the holder of the certificate of approval has been convicted of an offence under any of the provisions specified in Schedule 3 c: that the holder of the certificate of approval has contravened any provision in this Act or in any regulations made under this Act: d: that the holder of the certificate of approval has been guilty of misconduct or negligence as a responsible employee in the course of the business to which the certificate of approval relates. 5: The complaint shall specify the grounds on which it is made. 6: The complainant shall, within 7 days after filing the complaint with the Registrar, cause copies of the complaint to be served respectively on the holder of the certificate of approval and the licensee by whom he is employed. 7: Where a complaint is made under this section, the provisions of sections 54 55 56 8: If, after hearing a complaint in respect of a holder of a certificate of approval in accordance with this section, the Registrar is satisfied that the grounds of the complaint have been proved, he may do all or any of the following things: a: subject to subsection (10), make an order cancelling the certificate of approval: b: make an order suspending the certificate of approval for such period, not exceeding 3 years, as the Registrar shall specify in the order: c: fine the holder of the certificate of approval any amount not exceeding $200 d: reprimand the holder of the certificate of approval. 9: If, after hearing the complaint, the Registrar is not satisfied that the grounds of the complaint have been proved, he shall dismiss the complaint. 10: The Registrar shall not make an order under this section cancelling a certificate of approval unless he is satisfied that the holder is not a proper person to be a responsible employee in the business to which the certificate of approval relates. 11: While any order of suspension of a certificate of approval made under this section continues in force, the certificate of approval shall cease to have effect, and shall not be renewed, and no licence in respect of the business to which the certificate of approval relates or new certificate of approval of the same type shall be issued to the holder. 12: Any fine imposed by the Registrar on the holder of a certificate of approval under this section shall be deemed to be a debt due by the holder to Her Majesty the Queen, and shall be recoverable accordingly in any Court of competent jurisdiction. 13: The Registrar shall forthwith give notice in writing to the holder of the certificate of approval, and the licensee by whom he is for the time being employed, and the Commissioner of Police, and (where the complainant is not a member of the Police) the complainant, of the decision made by him under this section, and of any penalty imposed by him under this section. Subsection (3) substituted 18 October 1978 Private Investigators and Security Guards Amendment Act 1978 Subsection (4)(a) substituted 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 Subsection (8)(c) amended 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 by substituting the expression $200 $20 60: Registrar to cancel licences and certificates of approval in certain cases, unless special factors present 1: The provisions of this section shall apply notwithstanding any other provisions of this Part. 2: Where the holder of a licence, or of a certificate of approval is convicted of any crime involving dishonesty or of any specified offence, the Registrar shall cancel the licence or certificate of approval unless, having regard to the nature and circumstances of the offence, he or she is satisfied that the interests of the public do not require the cancellation of the licence or certificate of approval. 3: Where the holder of a licence, or of a certificate of approval, is detained in a prison 4: Where the Registrar cancels any licence or certificate of approval under this section he shall notify the holder in writing that he has done so. Subsection (2) substituted 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 Subsection (3) substituted 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 Subsection (3) amended 1 June 2005 section 206 Corrections Act 2004 by substituting the word prison penal institution See clause 2 61: Evidence of convictions in proceedings before Registrar For the purposes of any proceedings under this Part, a certificate containing the substance of the conviction of any person of any offence purporting to be signed by the Registrar of the Court by which the person was convicted, shall be sufficient evidence of that conviction without proof of the signature or official character of the person appearing to have signed the certificate. 62: Cancelled and suspended licences and certificates of approval to be returned to Registrar 1: Every person whose licence or certificate of approval is cancelled or suspended under this Part shall deliver it to the Registrar within 7 days after being notified of the cancellation or suspension. 2: Every person who fails to comply with subsection (1) commits an offence against this Act. 63: Penalties for offences not affected Nothing in this Part shall limit the jurisdiction of any Court, or limit or derogate from any other provisions in this Act relating to the punishment of offences. 6: Appeals Part 6 substituted 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 64: Appeals to District Court 1: The following persons shall have a right of appeal to a District Court against a decision of the Registrar under this Act: a: where an application is refused (whether in whole or in part), the applicant; and b: where a licence is suspended or cancelled, the licensee; and c: where a certificate of approval is suspended or cancelled, the person whose certificate of approval is suspended or cancelled; and d: where the employment of an officer of a company that is a licensee is terminated, the officer; and e: where a licensee or person holding a certificate of approval is fined, the licensee or person. 2: An appeal under this section shall be brought within 28 days after the date on which the appellant was notified in writing by the Registrar of the decision appealed against, or within such further period as the Court may allow. 3: The appeal shall be made by way of originating application in accordance with the District Courts Rules 1992 4: On hearing the appeal, the Court may— a: confirm, vary, or reverse the decision appealed against; or b: in the case of an order suspending a licence or certificate of approval, vary the period of the suspension; or c: refer the matter back to the Registrar with directions to him or her to reconsider the whole or any specified part of the matter. 5: The decision of the Court on the appeal shall be final. Subsection (1) 64 amended 18 October 1978 Private Investigators and Security Guards Amendment Act 1978 by inserting the words subsection (3) of section 32A (whether the refusal relates to the whole or to any part of the application) Subsection (6) 64 repealed 15 August 1991 section 3(4) Judicature Amendment Act 1991 Subsection (8)(a) 64 amended 18 October 1978 Private Investigators and Security Guards Amendment Act 1978 by inserting the word , vary, Part 6 substituted 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 65: Appeals to District Court In subsection (7) District substituted Magistrates 1 April 1980 section 2(3) District Courts Amendment Act 1979 Part 6 substituted 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 7: Miscellaneous provisions 66: Licence or certificate not to confer additional powers on holder 1: No person shall, by virtue of being the holder of a licence or certificate of approval, have any power or authority that he would not have if this Act had not been passed. 2: No person, being the holder of a licence or certificate of approval, shall— a: either orally or in writing claim, suggest, or imply that, by virtue of his licence, certificate of approval, occupation, or business, he has any power or authority that he does not in law have; or b: use or attempt to use his licence or certificate of approval for the purpose of exercising, claiming, suggesting, or implying such a power or authority; or c: either orally or in writing describe or refer to himself as a detective or by any other expression or term containing the word detective d: wear any article of clothing, badge, or other article, that is likely to cause any member of the public to believe that the holder of the licence or certificate of approval is a member of the Police. 3: Every person who contravenes subsection (2) commits an offence against this Act. Subsection (3) substituted 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 67: Lost licences and certificates of approval Where the Registrar is satisfied that a holder of a licence or certificate of approval has lost his licence or certificate of approval the Registrar may, on payment of the prescribed fee (if any), and on receipt of 2 identical photographs of the holder that, in the opinion of the Registrar, comply with the requirements (if any) of any regulations made in that behalf under this Act, issue to the holder a substitute licence or certificate of approval. 68: Voluntary surrender of licence or certificate of approval 1: A holder of a licence or certificate of approval may at any time surrender his licence or certificate of approval by delivering it with a notice in writing to that effect to the Registrar. 2: On receipt of the documents by the Registrar, the licence or certificate of approval shall cease to have effect. 3: Where a holder of a licence or certificate of approval gives a notice under subsection (1) to the Registrar, he shall also, within 7 days, serve a copy of the notice— a: on the Commissioner of Police; and b: 4: The surrender of a licence or certificate of approval under subsection (1) shall not affect the liability of the holder— a: to pay any fees or other money payable in accordance with the provisions of this Act on or before the date on which the licence or certificate of approval would expire if it had not been surrendered; or b: to perform any duty or obligation that he was required to perform on or before the date specified in paragraph (a); or c: for any act done or default or omission made before the date of surrender. Subsection (3)(b) repealed 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 69: Change of place of business 1: A licensee may at any time apply in writing to the Registrar to amend his licence by— a: changing the registered office of the licensee; or b: specifying any additional place from which the licensee may carry on the business to which the licence relates; or c: deleting any place of business specified in the licence. 2: Every application shall be accompanied by the licence to which it relates. 3: Where the Registrar grants the application, he shall endorse the licence accordingly and return it to the licensee, and shall also notify the Commissioner of Police in writing of that fact. 70: Offences 1: Where any company commits an offence against this Act, every director of the company shall be guilty of the same offence, and shall be liable to the same penalty, unless he proves that the offence was committed either without his knowledge or without his consent. 2: Every person who commits an offence against this Act, or against any regulations made under this Act, for which no penalty is otherwise provided by this Act or by such regulations, shall be liable on summary conviction to a fine not exceeding $2,000. Subsection (2) substituted 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 71: Regulations The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: a: prescribing forms to be used for the purposes of this Act and the matters to be specified in such forms: b: prescribing fees payable under this Act in respect of applications and the issue and renewal of licences and certificates of approval: c: d: e: f: g: h: prescribing codes of ethics for private investigators and security guards and their responsible employees respectively (including different codes for different classes of private investigators, security guards, and responsible employees), and providing that a contravention of such a code by a holder of a licence or certificate of approval to whom that code applies shall be misconduct or shall be evidence of misconduct by that person in the course of the business to which his licence or certificate of approval relates: i: prescribing offences in respect of the contravention of or non-compliance with any regulations made under this Act, and prescribing the amount of any fine that may be imposed in respect of such offence, being an amount not exceeding $200 and, where the offence is a continuing one, a further amount not exceeding $20 for every day during which the offence has continued: j: providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration. Subsection (1)(c) to (g) repealed 1 July 1995 Private Investigators and Security Guards Amendment Act 1995 72: Service of documents 1: Any notice or other document that under this Act may be or is required to be given to or served on any applicant for a licence or certificate of approval may be served by delivering it to him personally, or by leaving it or sending it by post in a registered letter addressed to him at his residential address or registered office specified in his application, or at any address for service specified in his application. 2: Any notice or other document that under this Act may be or is required to be given to or served on a holder of a licence or certificate of approval may be served by delivering it to him personally, or by leaving it or sending it by post in a registered letter addressed to him— a: at his usual or last known place of residence in New Zealand; or b: in the case of a licensee, at his registered office or at any other place of business specified in his licence; or c: in the case of a holder of a certificate of approval, at the place of business at which he is employed. 3: Where a notice is sent by post in the manner prescribed by subsection (1) or subsection (2), it shall be deemed to have been served on him at the time when the letter would have been delivered in the ordinary course of post. In proving service of the notice, it shall be sufficient to prove that it was duly put into the Post Office as a registered letter. 4: Where under this Act any notice or other document is to be given to or served on the Police, it shall be given to or served on the senior member, for the time being, of the Police in the district or place of residence of the applicant, or holder of the licence or certificate of approval, to whom the notice or other document relates. 72A: Extensions of time Subject to section 33(10) section 44(11) Sections 72A 72B inserted 18 October 1978 Private Investigators and Security Guards Amendment Act 1978 72B: Photographs Where under this Act any photograph is to be submitted to the Registrar, he may require that the photograph shall comply with the requirements of any regulations made under this Act. Sections 72A 72B inserted 18 October 1978 Private Investigators and Security Guards Amendment Act 1978 73: Civil remedies not affected Nothing in this Act shall affect any civil remedy that any person may have against a holder of a licence or certificate of approval in respect of any matter.

DLM425988

1974

Government Superannuation Fund Amendment Act 1974

1: Short Title and commencement 1: This Act may be cited as the Government Superannuation Fund Amendment Act 1974 the Government Superannuation Fund Act 1956 2: This Act shall be deemed to have come into force on the 18th day of April 1974. 2: Section 2 repealed 29 March 1985 22(3) Government Superannuation Fund Amendment Act 1985 3: This section repealed para (e) paras (f) (g) Government Superannuation Fund Amendment Act 1969 4: Application of this Act The adjustments to any retiring allowance, annual allowance, or annuity payable immediately before the commencement of this Act shall be made as if this Act had commenced on the 31st day of March 1956: Provided that no increased payment shall be made in respect of any period before the commencement of this Act.

DLM414266

1974

Social Security Amendment Act 1974

1: Short Title This Act may be cited as the Social Security Amendment Act 1974, and shall be read together with and deemed part of the Social Security Act 1964 2: Section 2 repealed 23 December 1977 5(3) Social Security Amendment Act (No 2) 1977 3: Section 3 repealed 1 April 1978 6(1) Social Security Amendment Act (No 2) 1977 4: 1: 2: Subsection (1) repealed 24 August 1979 Social Security Amendment Act 1979 Subsection 2 repealed 18 December 1991 Social Security Amendment Act (No 5) 1991 5: Section 5 repealed 1 April 1991 7(2)(a) Social Security Amendment Act 1991 6: Section 6 repealed 1 October 1981 189(1) Family Proceedings Act 1980 7: Section 7 repealed 28 September 1982 9(2)(a) Social Security Amendment Act 1982 8: 9: Sections 9 and 10 repealed 9 February 1977 Social Security Amendment Act 1976 10: Sections 9 and 10 repealed 9 February 1977 Social Security Amendment Act 1976 11: Authority to increase rates of benefits 1: Notwithstanding anything to the contrary in the principal Act, the Commission may, in accordance with any general or special instructions given by the Minister, in respect of the period commencing on the 1st day of December 1973 and ending with the 31st day of December 1973, increase the rate of any benefit under the principal Act by an amount not exceeding the rate of that benefit payable in respect of any one week in that period. 2: This section shall be deemed to have come into force on the 1st day of December 1973. 12: Section 12 repealed Social Security (Reciprocity with Australia) Act 1987

DLM371281

1995

Health and Disability Services Amendment Act 1995

1: Short Title and commencement 1: This Act may be cited as the Health and Disability Services Amendment Act 1995, and shall be read together with and deemed part of the Health and Disability Services Act 1993 2: Except as provided in subsection (3) 3: Section 6 2: Interpretation In this Act, unless the context otherwise requires, the term appointed day section 1(2) section 6 3: Abolition of Public Health Commission 1: On the commencement of this section,— a: The Public Health Commission is hereby dissolved; and b: The directors of the Public Health Commission shall cease to hold office as directors of the Commission; and no such director shall be entitled to any compensation in respect of loss of office. 2: The principal Act is hereby consequentially amended in the manner set out in Schedule 1 3: The enactments specified in Schedule 2 4: Transitional provisions relating to abolition of Public Health Commission 1: Subject to subsection (2) 2: Subsection (1) Health Reforms (Transitional Provisions) Act 1993 3: Section 6 8 to 15 1 Health Reforms (Transitional Provisions) Act 1993 section 6 subsection (1) section 5 4: The vesting of any assets or liabilities of the Public Health Commission in the Crown by virtue of subsection (1) a: Shall not, for the purposes of the Goods and Services Tax Act 1985 b: Shall not, for the purposes of the Stamp and Cheque Duties Act 1971 c: Shall not, for the purposes of the Estate and Gift Duties Act 1968 5: In this section and section 6 assets liabilities transfer transfer date transferee transferor section 2 Health Reforms (Transitional Provisions) Act 1993 5: Transitional provisions relating to annual reports and financial statements 1: As soon as reasonably practicable after the appointed day, the Director-General of Health shall— a: Arrange for a final report of the Public Health Commission to be sent to the Minister showing the Public Health Commission's operations for the financial period beginning with the 1st day of July 1995 and ending with the close of the day before the appointed day; and b: Attach to the report a copy of the Public Health Commission's financial statements for that period, which financial statements shall— i: Be prepared in accordance with the requirements of section 41 Public Finance Act 1989 ii: Be accompanied by an audit opinion prepared by the Audit Office in accordance with section 43 2: A copy of the report and financial statements shall be laid before the House of Representatives as soon as practicable after their receipt by the Minister. 6: Modification of application of Health Reforms (Transitional Provisions) Act 1993 1: This section applies to any person who— a: On the date of the commencement of this section, is an employee of the Public Health Commission; or b: Becomes an employee of the Public Health Commission at any time after that date. 2: Where, at any time after the commencement of this section, any person (being a person to whom this section applies) is or becomes, or is deemed to be or to have become, an employee of a transferor, whether by virtue of— a: The vesting of any assets or liabilities of the Public Health Commission in the Crown by section 4(1) b: The transfer, under section 4 5 Health Reforms (Transitional Provisions) Act 1993 c: The transfer, under section 4 5 Health Reforms (Transitional Provisions) Act 1993 section 4(1) then, for the purposes of the application of section 13 Health Reforms (Transitional Provisions) Act 1993 d: The reference in section 13(2) e: The reference in section 13(6) 3: Where, at any time after the commencement of this section, any person (being a person to whom this section applies) is or becomes, or is deemed to be or to have become, an employee of a transferee by virtue of the vesting or transfer of any assets or liabilities, or former assets or liabilities, of the Public Health Commission in any of the ways described in any of paragraphs (a) to (c) section 15 Health Reforms (Transitional Provisions) Act 1993 section 15(1) 7: 8: 9: 10: Sections 10 to 12 repealed 30 June 1998 Health and Disability Services Amendment Act 1998 11: Sections 10 to 12 repealed 30 June 1998 Health and Disability Services Amendment Act 1998 12: Sections 10 to 12 repealed 30 June 1998 Health and Disability Services Amendment Act 1998 13:

DLM359368

1995

Births, Deaths, Marriages, and Relationships Registration Act 1995

1: Short Title and commencement 1: This Act may be cited as the Births, Deaths, Marriages, and Relationships Registration Act 1995 2: This Act shall come into force on 1 September 1995. Section 1(1) amended 24 January 2009 section 5(2) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 1: Preliminary 1A: Purpose The purposes of this Act are— a: to require the recording and verification of information relating to births, deaths, marriages, civil unions, name changes, adoptions, and sexual assignments and reassignments, so as to provide— i: a source of demographic information, and information about health, mortality, and other matters important for government; and ii: an official record of births, deaths, marriages, civil unions, and name changes that can be used as evidence of those events and of age, identity, descent, whakapapa, and New Zealand citizenship; and b: to regulate access to, and disclosure of, information recorded in respect of these matters; and c: to regulate the provision and effect of certificates relating to information recorded in respect of births, deaths, marriages, civil unions, and name changes. Section 1A inserted 24 January 2009 section 6 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 2: Interpretation In this Act, unless the context otherwise requires,— adopted person section 24 section 25 adoption information approved information sharing agreement information sharing agreement section 138 associate coroner Coroners Act 2006 birth birth certificate a: issued by, and signed or sealed by or stamped with the seal of, a Registrar; and b: containing registered birth information;— and, in relation to any person, means a birth certificate containing registered birth information relating to the person's birth birth information body celebrant a: in relation to a marriage, a person who is a marriage celebrant under the Marriage Act 1955 b: in relation to a civil union, a person who is a civil union celebrant under the Civil Union Act 2004 Chief Archivist Public Records Act 2005 child civil union certificate a: a document that is issued by, and signed or sealed by or stamped with the seal of, a Registrar, and that contains registered civil union information; and b: in relation to any civil union, means a civil union certificate containing registered civil union information relating to that civil union civil union information computer system a: used for storing information recorded under this Act or a former Act; and b: accessible by the Registrar-General or a Registrar; and c: under the control of— i: the Registrar-General or a Registrar; or ii: a person (other than the Registrar-General or a Registrar) who has the function of managing, on behalf of the Registrar-General, information recorded under this Act or a former Act coroner Coroners Act 2006 coroner's authorisation section 42 dead foetus death death certificate a: issued by, and signed or sealed by or stamped with the seal of, a Registrar; and b: containing registered death information;— and, in relation to any person, means a death certificate containing registered death information relating to the person's death death information Deputy Registrar-General section 80(1) Director-General of an intelligence and security agency section 4 disposal to dispose of doctor section 114(1)(a) document documentary Family Court section 4 foreign registration authority former Act Births and Deaths Registration Act 1951 Marriage Act 1955 former Adoption Act Infants Act 1908 Maori Land Act 1931 Maori Affairs Act 1953 hospital section 58(4) index intelligence and security agency section 4 marriage Marriage Act 1955 marriage certificate a: issued by, and signed or sealed by or stamped with the seal of, a Registrar; and b: containing registered marriage information;— and, in relation to any marriage, means a marriage certificate containing registered marriage information relating to that marriage marriage information medical midwife section 114(3) Minister miscarriage name change certificate a: a document— i: issued by, and signed or sealed by, or stamped with the seal of, a Registrar; and ii: containing registered name change information; and b: in relation to a person, a document within the meaning of paragraph (a) that contains registered name change information relating to each of the person's name changes name change information New Zealand non-disclosure direction section 75A(2)(b) occupier prescribed fee Privacy Commissioner section 13 record register Registrar section 81(1) Registrar-General section 79(1) service marriage section 2 source document a: contains information recorded under this Act or a former Act; and b: is accessible by the Registrar-General or a Registrar; and c: is under the control of— i: the Registrar-General or a Registrar; or ii: a person (other than the Registrar-General or a Registrar) who has the function of managing, on behalf of the Registrar-General, information recorded under this Act or a former Act; or iii: the Chief Archivist standard form section 87B still-birth still-born child a: weighed 400 g or more when it issued from its mother; or b: issued from its mother after the 20th week of pregnancy unavailable working day 1951 No 22 s 2 Section 2 approved information sharing agreement information sharing agreement inserted 22 August 2017 section 11 Enhancing Identity Verification and Border Processes Legislation Act 2017 Section 2 approved information sharing agreement information sharing agreement amended 1 December 2020 section 217 Privacy Act 2020 Section 2 associate coroner inserted 5 April 2023 section 36 Coroners Amendment Act 2023 Section 2 celebrant substituted 26 April 2005 section 38(1) Civil Union Act 2004 Section 2 Chief Archivist amended 21 April 2005 section 67(1) Public Records Act 2005 Section 2 civil union certificate inserted 26 April 2005 section 38(2) Civil Union Act 2004 Section 2 civil union information inserted 26 April 2005 section 38(2) Civil Union Act 2004 Section 2 coroner inserted 5 April 2023 section 36 Coroners Amendment Act 2023 Section 2 coroner's authorisation inserted 24 January 2009 section 7(3) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 2 coroner’s order repealed 24 January 2009 section 7(1) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 2 delivery repealed 7 July 2010 section 4 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2010 Section 2 Director-General of an intelligence and security agency inserted 28 September 2017 section 246(2) Intelligence and Security Act 2017 Section 2 Director of Security repealed 28 September 2017 section 246(1) Intelligence and Security Act 2017 Section 2 doctor substituted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2 doctor's certificate repealed 31 January 2018 section 11 Burial and Cremation Amendment Act 2016 Section 2 Family Court replaced 1 March 2017 section 261 District Court Act 2016 Section 2 foreign registration authority inserted 24 January 2009 section 7(3) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 2 funeral director repealed 24 January 2009 section 7(1) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 2 give a doctor’s certificate repealed 24 January 2009 section 7(1) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 2 hospital substituted 1 October 2002 section 58(1) Health and Disability Services (Safety) Act 2001 Section 2 index substituted 28 July 1997 section 4(2) Births, Deaths, and Marriages Registration Amendment Act 1997 Section 2 intelligence and security agency inserted 28 September 2017 section 246(2) Intelligence and Security Act 2017 Section 2 midwife substituted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2 name change certificate inserted 24 January 2009 section 7(3) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 2 name change information inserted 24 January 2009 section 7(3) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 2 non-disclosure direction inserted 22 August 2017 section 11 Enhancing Identity Verification and Border Processes Legislation Act 2017 Section 2 Privacy Commissioner inserted 24 January 2009 section 7(3) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 2 Privacy Commissioner amended 1 December 2020 section 217 Privacy Act 2020 Section 2 record inserted 24 January 2009 section 7(3) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 2 register substituted 24 January 2009 section 7(2) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 2 source document inserted 24 January 2009 section 7(3) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 2 standard form inserted 24 January 2009 section 7(3) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 2 to record repealed 24 January 2009 section 7(1) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 3: Act binds the Crown This Act binds the Crown. 4: No information to be recorded or altered except in accordance with Act 1: Information must not be recorded under this Act except as expressly provided in this Act. 2: Information recorded under this Act or a former Act must not be removed or altered except as expressly provided in this Act. Section 4 substituted 24 January 2009 section 8 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 2: Births 5: Births in New Zealand to be notified and registered Every birth in New Zealand shall be notified and registered in accordance with this Part. 1951 No 22 s 6(1) 5A: Preliminary notice of birth 1: A preliminary notice must be given in accordance with this section for each birth in New Zealand. 2: If a birth takes place during or immediately before the mother's admission to hospital, the occupier of the hospital must give the preliminary notice. 3: If a birth does not take place during or immediately before the mother's admission to hospital, the preliminary notice must be given by— a: a doctor, if he or she is present at the birth; or b: a midwife, if he or she is present at the birth but a doctor is not present; or c: the occupier of premises where the birth takes place or where the mother is admitted immediately after the birth, if neither a doctor nor a midwife is present. 4: A preliminary notice is given by completing, signing, and giving the standard form preliminary notice to a Registrar within 5 working days after the birth. 5: The Registrar-General must notify the Director-General of Health of all still-births for which a preliminary notice has been given. Section 5A inserted 24 January 2009 section 9 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 6: Births outside New Zealand Except as provided in sections 7(2) 8 Part 4 7: Foundlings 1: A person who— a: believes that a child in the person's charge is recently born and was found abandoned in New Zealand; and b: is not satisfied that a Registrar has been notified of the child's birth— shall as soon as is practicable tell a Police employee 2: As far as it is practicable to do so, the Registrar-General shall register the birth of all children of whose finding the Registrar-General is notified under subsection (1). 1951 No 22 s 16 Section 7(1) amended 1 October 2008 section 130(1) Policing Act 2008 8: Births on New Zealand aircraft or ships Any person may notify to the Registrar-General, and the Registrar-General may cause to be registered, as if it had occurred in New Zealand, any birth that occurred outside New Zealand on an aircraft registered in New Zealand under the Civil Aviation Act 1990 Maritime Transport Act 1994 Armed Forces Discipline Act 1971 1951 No 22 s 15A Section 8 amended 7 July 2010 section 5 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2010 9: Parents primarily responsible for notifying birth 1: Both parents of a child born in New Zealand must, as soon as is reasonably practicable after the birth,— a: jointly notify a Registrar of the birth in accordance with this Act; and b: in the case of a child born on or after 1 January 2006, inform the Registrar whether or not, to the best of their knowledge, either or both of the child's parents are New Zealand citizens or persons entitled, under the Immigration Act 2009 2: However, a Registrar may accept the form signed by only 1 parent if he or she is satisfied that— a: the child has only 1 parent at law; or b: the other parent is unavailable; or ba: it is not reasonably practicable to obtain the other parent's signature because— i: he or she is overseas; and ii: he or she cannot be contacted within a period of time that is reasonable in the circumstances; or c: requiring the other parent to sign the form would cause unwarranted distress to either of the parents. 3: A person who is not a child's parent must not notify a Registrar of the child's birth and is not capable of doing so except as provided in sections 7 8 10 4: For the purposes of this section, a child has 1 parent at law if— a: the child is born as a result of a woman acting alone in a situation described in section 20(1) 22(1) b: the donor of the ovum, embryo, or semen (as the case may be) for the pregnancy does not become the partner of the woman after the time of conception but before the birth is notified for registration. Section 9 substituted 24 January 2009 section 10 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 9(1)(b) amended 29 November 2010 section 406(1) Immigration Act 2009 Section 9(2)(ba) inserted 7 July 2010 section 6 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2010 10: Guardian or authorised person may notify birth A guardian of a child other than a parent, or a person authorised by the Registrar-General to notify the birth, may notify a Registrar of the child's birth if— a: both parents have failed or refused to do so; or b: the child's parent has failed or refused to do so (if section 9(2) Section 10 substituted 24 January 2009 section 10 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 11: Manner of notification of birth 1: Subject to subsection (3), a person notifying a Registrar of a birth shall do so by completing and signing the standard 2: Subject to subsection (3), a person who completes and signs the standard 3: Where— a: any person has notified a Registrar of a birth by completing and signing the standard b: it has not arrived or has been lost or destroyed,— a Registrar may authorise the person, or any other person required by section 9(1) section 10 1951 No 22 s 11 Section 11(1) amended 24 January 2009 section 46 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 11(2) amended 24 January 2009 section 46 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 11(3)(a) amended 24 January 2009 section 46 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 12: Registration of births 1: Unless authorised by the Registrar-General to register births, a Registrar who is notified of a birth in New Zealand shall, to the extent that the information given is information required by the standard (and subject to section 12A 2: Subject to sections 12A 14 to 16 82 a: a Registrar (being a Registrar authorised by the Registrar-General to register births) who— i: is notified of a birth in New Zealand; or ii: has been sent birth information under subsection (1)— shall, to the extent that the information given is information required by the standard b: if sent birth information under subsection (1), the Registrar-General shall, to the extent that it is information required by the standard 3: Every still-birth shall so be registered that the fact that the birth is a still-birth can clearly be ascertained. Section 12(1) amended 24 January 2009 section 46 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 12(1) amended 21 April 2005 section 16 Citizenship Amendment Act 2005 Section 12(2) amended 21 April 2005 section 16 Citizenship Amendment Act 2005 Section 12(2)(a) amended 24 January 2009 section 46 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 12(2)(b) amended 24 January 2009 section 46 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 12A: Record of citizenship 1: If a Registrar is satisfied that a person born on or after 1 January 2006 is a New Zealand citizen by birth in terms of section 6 as part of the child's birth information 2: If the chief executive or other appropriate officer of the department for the time being responsible for the administration of the Citizenship Act 1977 as part of the child's birth information 3: In deciding for the purposes of subsection (1) whether or not a person is a New Zealand citizen by birth, a Registrar must have regard to the following information, if available: a: information provided by any guardian or parent of the person: b: any birth information registered under this Act or a former Act about the parents or parent of the person: c: information about the citizenship status or immigration status of the person or the parents or parent of the person: d: whether or not the parents or parent have immunity from jurisdiction under the Diplomatic Privileges and Immunities Act 1968 Consular Privileges and Immunities Act 1971 Section 12A inserted 21 April 2005 section 16 Citizenship Amendment Act 2005 Section 12A(1) amended 7 July 2010 section 7(1) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2010 Section 12A(2) amended 7 July 2010 section 7(1) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2010 Section 12A(3)(b) substituted 7 July 2010 section 7(2) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2010 13: Registration of certain still-births 1: This section applies to every still-birth that occurred after 24 July 1991 and before the commencement of this Act. 2: Subject to subsection (3), a still-birth to which this section applies is registrable to the same extent, and in the same manner, as if it had occurred after the commencement of this Act. 3: Nothing in subsection (2) requires any person to notify a Registrar 1951 No 22 s 7 Section 13(3) amended 7 July 2010 section 8 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2010 14: Maori custom marriages 1: No Registrar shall include in the registered birth information any information relating to a Maori custom marriage entered into after 31 March 1952. 2: All registered information relating to a Maori custom marriage shall so be recorded that the fact that the marriage is a Maori custom marriage can clearly be ascertained. 15: Registration of parents' details 1: A Registrar who is authorised by the Registrar-General to register births must register, as part of the birth information of a child, information about the identity of— a: the child's parents if the information is on the standard form signed by both parents; or b: a parent of the child if the information is on the standard form signed by the parent and accepted under section 9(2) 2: The Registrar-General must register or direct a Registrar who is authorised by the Registrar-General to register births to register, as part of the birth information of a child, information about the identity of a parent of the child if— a: the form is accepted under section 9(2)(b) or (c) b: the information relates to the child's father, and— i: the Family Court ii: the Family Court iii: the man has been appointed or declared a guardian of the child under section 19 20 c: the parent requests, in writing, his or her details to be included and the Registrar-General is satisfied that either or both of the following apply: i: the person is a parent of the child: ii: the other parent does not dispute the accuracy of the information. 3: For the purposes of this section and section 15A Section 15 substituted 24 January 2009 section 11 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 15(2)(b)(i) amended 1 March 2017 section 261 District Court Act 2016 Section 15(2)(b)(ii) amended 1 March 2017 section 261 District Court Act 2016 15A: Appeals relating to registration of parents' details 1: This section applies to a person affected by a decision of the Registrar-General under section 15 a: register as part of a child's birth information any information indicating or purporting to indicate that a person is the child's parent, or direct a Registrar to do so; or b: decline to register as part of a child's birth information any information indicating or purporting to indicate that a person is the child's parent, or decline to direct a Registrar to do so. 2: The person affected may, within 28 days after receiving written notice of the Registrar-General's decision, appeal against the decision to the office of the Family Court 3: The Family Court must, when considering an appeal,— a: give every person the court thinks has an interest in the matter an opportunity to be heard; and b: receive any evidence the court thinks fit. 4: The court must then— a: either confirm the Registrar-General's decision or make a decision that it thinks fit; and b: where necessary, direct the Registrar-General to include or delete the information concerned in or from the information recorded under this Act or a former Act. 5: This section does not apply in relation to a decision of the Registrar-General that gives effect to a declaration made by the Family Court the Family Court Section 15A inserted 24 January 2009 section 11 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 15A(2) amended 1 March 2017 section 261 District Court Act 2016 Section 15A(5) amended 1 March 2017 section 261 District Court Act 2016 16: Registration of births notified late No Registrar other than the Registrar-General shall register a birth notified more than 2 years after the birth. 1951 No 22 ss 11(2), 12, 14 17: Parents who marry or enter into civil union or civil union 1: If satisfied that— a: the parents of any person married , or entered into a civil union with, b: either— i: the parents have jointly requested the Registrar-General to record information relating to their marriage or civil union ii: one parent is unavailable and the other has so requested,— the Registrar-General shall do so. 2: Any person affected by a decision of the Registrar-General to decline to record information relating to a marriage or civil union to the office of the Family Court a: giving every person the court thinks has an interest in the matter an opportunity to be heard; and b: receiving any evidence the court thinks fit,— either confirm the Registrar-General's decision or make such decision as the Family Court thinks fit and, where necessary, direct the Registrar-General to cause to be included in the information recorded under this Act or a former Act in respect of the birth concerned the information in dispute. 3: For the purposes of this section, the only information recorded under this Act or a former Act in respect of an adopted person's birth is the information originally recorded. 1951 No 22 s 19A Section 17 amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 17(1)(a) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 17(1)(b)(i) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 17(2) amended 1 March 2017 section 261 District Court Act 2016 Section 17(2) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 3: Names 18: Acceptance of names 1: A Registrar shall not include any name or names in the information recorded under this Act or a former Act relating to a person's birth, or omit or amend any name or names so included, unless— a: the effect is that there are so included— i: 1 name designated to be treated as the person's surname; and ii: 1 or more other names; or b: the religious or philosophical beliefs, or cultural traditions, of— i: the person, if the person has attained the age of 18 years or earlier married or entered into a civil union ii: a parent (living or dead) or living guardian of the person, if the person has not attained the age of 18 years or earlier married or entered into a civil union require the person to bear only 1 name; and the effect is that there is so included only 1 name. 2: Subject to subsections (1) and (3), a Registrar shall include in the information recorded under this Act or a former Act relating to a person's birth any name or combination of names specified unless, in the Registrar's opinion, it may be undesirable in the public interest for the person to bear it. 3: If, in the opinion of a Registrar (other than the Registrar-General) who would otherwise include any name or combination of names in the information recorded under this Act or a former Act relating to a person's birth, it may be undesirable in the public interest for the person to bear it, the Registrar shall notify the Registrar-General of the name or combination of names concerned, and shall not include it unless directed by the Registrar-General to do so. 4: The Registrar-General shall include a name or combination of names in the information recorded under this Act or a former Act relating to a person's birth (or direct a Registrar to do so) unless, in the Registrar-General's opinion, it is undesirable in the public interest for the person to bear it. 5: Any person affected by a decision of the Registrar-General to decline to include any name or combination of names in the information recorded under this Act or a former Act relating to a birth, or to decline to direct a Registrar to do so, may, within 28 days of receiving written notice that the Registrar-General has so declined, appeal against the decision to the office of the Family Court 6: On an appeal under subsection (5), the Family Court shall, unless satisfied that it is undesirable in the public interest for the person concerned to bear the name or combination of names concerned, direct the Registrar concerned to include the name or combination of names in the information recorded under this Act or a former Act in respect of the person's birth. 7: In determining an appeal under subsection (5), the Family Court— a: shall give every person the court thinks has an interest in the matter an opportunity to be heard; and b: may receive any evidence the court thinks fit. 8: For the purposes of this section, it is undesirable in the public interest for a person to bear a name or combination of names if, and only if,— a: it might cause offence to a reasonable person; or b: it is unreasonably long; or c: without adequate justification, it is, includes, or resembles, an official title or rank. Section 18(1)(b)(i) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 18(1)(b)(ii) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 18(5) amended 1 March 2017 section 261 District Court Act 2016 19: Names to be specified when birth notified 1: The person or persons who notify a Registrar of the birth of a child under section 9 10 a: 1 name designated to be treated as the child's surname and 1 or more other names; or b: if the religious or philosophical beliefs, or cultural traditions, of a parent (whether living or dead) or living guardian of the child require the child to bear only 1 name, 1 name. 2: Nothing in subsection (1) requires any name other than a name designated to be treated as the child's surname to be specified in the notification of a still-birth. 3: Where— a: either— i: the Registrar-General has declined to include any name or names in the information recorded under this Act relating to a birth; or ii: a Registrar has declined to include any name or names in the information recorded under this Act relating to a birth, and the Registrar-General has declined to direct the Registrar to do so; and b: the Family Court the question of whether or not subsection (1) has been complied with must Section 19(1) substituted 24 January 2009 section 12(1) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 19(3) amended 24 January 2009 section 12(2) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 19(3)(b) amended 1 March 2017 section 261 District Court Act 2016 20: Guardians may change child's names within 2 years of birth 1: Subject to subsection (2), within 2 years of a child's birth— a: the child's guardians jointly; or b: if any guardians are unavailable, the other or others of them; or c: if, on the application of one guardian, the Family Court has consented to a change in the child's name, that guardian,— may, by notice in writing to a Registrar, request the Registrar to omit, amend, or replace any name specified for the child under section 19 section 18 2: A Registrar shall not, under subsection (1), include any new names in the registration of a child's birth— a: if the request concerned was made pursuant to an order of the Family Court, and is not in accordance with any conditions subject to which the order was made; or b: more than once in respect of the same child, unless satisfied that there are special reasons making it appropriate to do so. 21: Definitions for sections 21A and 21B In sections 21A 21B eligible person a: whose birth is registered; or b: who is a New Zealand citizen or is entitled, under the Immigration Act 2009 guardian a: the guardians of a person; or b: if any guardians are unavailable, the other guardian or guardians; or c: if, on the application of 1 guardian, the Family Court has consented to a change in the person’s names, that guardian; or d: if all guardians are unavailable, the chief executive of the department for the time being responsible for the administration of the Oranga Tamariki Act 1989 Section 21 substituted 24 January 2009 section 13 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 21 eligible person amended 29 November 2010 section 406(1) Immigration Act 2009 Section 21 guardian amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 21A: Application for registration of name change 1: The following persons may apply for registration of a name change: a: an eligible person who is 18 years of age or older: b: an eligible person who is younger than 18 years of age but who is or has been in a marriage, in a civil union, or in a de facto relationship: c: the guardian of an eligible person to whom neither of paragraph (a) or (b) applies. 2: A person applying for registration of a name change must— a: complete the standard form and provide it to the Registrar-General; and b: pay the prescribed fee (if any); and c: provide one of the following to i: a statement made, in accordance with subsection (3), by an eligible person or the guardian of an eligible person (accompanied by the eligible person’s written consent if the eligible person is 16 years of age or older and the application was made by the eligible person’s guardian) and verified— A: electronically in a prescribed manner ( see also section 82A B: by statutory declaration; or ii: a deed poll executed before 1 September 1995, evidencing any change in the eligible person’s names; or iii: a copy of a deed poll executed and filed in an office of the High Court before 1 September 1995 and certified by a Registrar of the court in which it was filed. 3: The eligible person or the guardian of the eligible person must declare, in the verified statement subsection (2)(c)(i) a: an intention to abandon (and to adopt some other names instead of) the names most recently included in— i: the eligible person’s birth information or name change information; or ii: the registration of the eligible person’s birth in another State; or iii: a record of a name change deposited with a foreign registration authority; or b: that the eligible person has previously abandoned (and adopted some other names instead of) the names included in— i: the eligible person’s birth information or name change information; or ii: the registration of the eligible person’s birth in another State; or iii: a record of a name change deposited with a foreign registration authority. 3A: The Registrar-General may require a person before whom a statutory declaration referred to in subsection (2)(c)(i)(B) or section 82A(2) a: to verify the identity of the eligible person or the guardian of the eligible person, or both, in a manner specified by the Registrar-General; and b: to state whether he or she is satisfied of the identity of the eligible person or the guardian of the eligible person, or both. 4: A birth certificate, or some other certificate or evidence, that satisfies the Registrar-General of the date and place of the eligible person’s birth and the status of any other person making the application as the eligible person’s guardian must also be provided to 4A: The Registrar-General may require a person applying for registration of a name change to provide, with the standard form referred to in subsection (2)(a) or separately, any means of identification that is reasonably necessary to confirm the identity of the eligible person or the guardian of the eligible person, or both. 5: The Registrar-General must, at the option of the eligible person or the guardian of the eligible person, return or destroy the certificate or evidence provided under subsection (4) or (4A) Section 21A inserted 24 January 2009 section 13 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 21A(2) replaced 26 March 2015 section 4(1) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2015 Section 21A(2)(c) amended 16 December 2017 section 4(1) Electronic Interactions Reform Act 2017 Section 21A(2)(c)(i) replaced 16 December 2017 section 4(2) Electronic Interactions Reform Act 2017 Section 21A(3) amended 16 December 2017 section 4(3) Electronic Interactions Reform Act 2017 Section 21A(3) amended 26 March 2015 section 4(2) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2015 Section 21A(3A) inserted 26 March 2015 section 4(3) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2015 Section 21A(3A) amended 16 December 2017 section 4(4) Electronic Interactions Reform Act 2017 Section 21A(4) amended 26 March 2015 section 4(4) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2015 Section 21A(4A) inserted 26 March 2015 section 4(5) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2015 Section 21A(5) amended 26 March 2015 section 4(6) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2015 21B: Registration of name change 1: The Registrar-General must, subject to section 18 section 21A provided to 2: The Registrar-General must register a name change as follows: a: for an eligible person whose birth has been registered or is required to be registered, include the new name in the person’s birth information; or b: for an eligible person whose birth cannot be registered because of section 6 3: However, the Registrar-General must not register a name change if it is an abandonment of a surname assumed on marriage or entry into a civil union (not being the surname most recently included in the person’s birth information or name change information) and a reversion to the most recently included surname. Section 21B inserted 24 January 2009 section 13 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 21B(1) amended 16 December 2017 section 5 Electronic Interactions Reform Act 2017 22: Registrar-General to give effect to decisions under Care of Children Act 2004 Subject to section 18 section 44(3) section 46(1) Section 22 amended 1 July 2005 section 151 Care of Children Act 2004 Section 22 amended 1 July 2005 section 151 Care of Children Act 2004 4: Adoptions 23: Registrar-General to be notified of New Zealand adoptions Forthwith after the making of an adoption order under the Adoption Act 1955 a: the names (if any) of the adopted person immediately before the making of the order: b: the names conferred on the person by the order: c: the names of the persons who were the person's parents immediately before the making of the order: d: whether or not the adoptive parent or parents want the words adoptive parent adoptive parents e: the date of the order: f: the name of the court: g: those matters required by the standard form section 11 h: any other matters prescribed. 1951 No 22 s 21(1) Section 23(g) amended 24 January 2009 section 46 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 24: Registration of New Zealand adoptions 1: On receiving— a: notice under section 23 section 21 of the Births and Deaths Registration Act 1951 b: notice of the adoption under a former Adoption Act of— a person whose birth has been registered, the Registrar-General shall forthwith cause the information it contains to be included in the registration. 2: On receiving— a: notice under section 23 section 21 of the Births and Deaths Registration Act 1951 b: notice of the adoption under a former Adoption Act of— a person whose birth has not been registered, the Registrar-General shall, if satisfied of the correctness or likely correctness of the information relating to the date and place of the person's birth, forthwith record the information it contains as if the person's birth is registered and the information is included in the registration. 3: The Registrar-General must include additional information described in subsection (5) in the birth information of an adopted person if an application— a: is made under subsection (4)(a); or b: is made under subsection (4)(b) and is accompanied by the adopted person's written consent if he or she is 16 or 17 years of age. 4: The application may be made by— a: the adopted person if he or she is 18 years of age or older or (if younger than 18 years of age) has earlier married, entered into a civil union, or been in a de facto relationship; or b: if the birth information relates to an adopted person who is younger than 18 years of age and has not earlier married, entered into a civil union, or been in a de facto relationship,— i: the adoptive parents (if there are 2 adoptive parents and they are both alive); or ii: the adoptive parent (if there is only 1 adoptive parent or 1 adoptive parent alive). 5: The additional information is— a: notice of whether the words adoptive parent adoptive parents b: other information relating to the birth, subject to section 83 1951 No 22 ss 21, 24 Section 24(3) substituted 24 January 2009 section 14 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 24(4) added 24 January 2009 section 14 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 24(5) added 24 January 2009 section 14 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 25: Registration of overseas adoptions If the Registrar-General— a: is satisfied that section 17(1) or section 11 b: has received any particulars the Registrar-General requires for the purpose, and is satisfied that they are or are likely to be correct,— the Registrar-General may direct that section 24 section 27 Adoption Act 1955 1951 No 22 s 21A Section 25(a) amended 1 January 1999 section 30 Adoption (Intercountry) Act 1997 26: Registrar-General may supply adoption information to registration authorities overseas If satisfied that— a: an authority constituted in a State outside New Zealand has the function of recording information relating to births within the State; and b: a person who has been adopted in New Zealand was born in the State; and c: the authority has so requested,— the Registrar-General may supply to the authority any information relating to the adoption. 27: Variation or discharge of adoption order 1: Subject to subsection (2), forthwith after the variation or discharge of an adoption order under the Adoption Act 1955 2: The Registrar-General may, if it seems expedient to do so, treat any order varying any adoption order as if it is a further adoption order; and in that case section 24 1951 No 22 s 23 5: Declarations of Family Court as to sex 27A: Definitions for sections 28 and 29 In sections 28 29 eligible adult a: who is any of the following: i: a person whose birth is registered: ii: a person whose birth is registrable under this Act but is not yet registered: iii: a person who is a New Zealand citizen or is entitled, under the Immigration Act 2009 b: who— i: is 18 years of age or older; or ii: is younger than 18 years of age but who is or has been in a marriage, in a civil union, or in a de facto relationship eligible child a: who is any of the following: i: a person whose birth is registered: ii: a person whose birth is registrable under this Act but is not yet registered: iii: a person who is a New Zealand citizen or is entitled, under the Immigration Act 2009 b: who— i: has not attained the age of 18 years; and ii: has never been in a marriage, in a civil union, or in a de facto relationship. Section 27A inserted 24 January 2009 section 15 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 27A eligible adult amended 29 November 2010 section 406(1) Immigration Act 2009 Section 27A eligible child amended 29 November 2010 section 406(1) Immigration Act 2009 28: Declarations of Family Court as to sex to be shown on birth certificates issued for adults 1: Subject to subsection (3), the Family Court an eligible adult (the applicant nominated sex 2: The court must cause a copy of the application to be served on— a: the Registrar-General, if the applicant's birth is registered or is registrable under this Act but is not yet registered; and b: any other person who, in the court's opinion, is interested in it or might be affected by the granting of the declaration. 3: The court shall issue the declaration if, and only if,— a: it is satisfied either that the applicant's birth is registrable under this Act but is not yet registered, or that there is included in the record i: information that the applicant is a person of the sex opposite to the nominated sex; or ii: information that the applicant is a person of indeterminate sex; or iii: no information at all as to the applicant's sex; and b: it is satisfied that the applicant is not a person of the nominated sex, but— i: has assumed and intends to maintain, or has always had and intends to maintain, the gender identity of a person of the nominated sex; and ii: wishes the nominated sex to appear on birth certificates issued in respect of the applicant; and c: either— i: it is satisfied, on the basis of expert medical evidence, that the applicant— A: has assumed (or has always had) the gender identity of a person of the nominated sex; and B: has undergone such medical treatment as is usually regarded by medical experts as desirable to enable persons of the genetic and physical conformation of the applicant at birth to acquire a physical conformation that accords with the gender identity of a person of the nominated sex; and C: will, as a result of the medical treatment undertaken, maintain a gender identity of a person of the nominated sex; or ii: it is satisfied that the applicant's sexual assignment or reassignment as a person of the nominated sex has been recorded or recognised in accordance with the laws of a State for the time being recognised for the purposes of this section by the Minister by notice in the Gazette Section 28(1) amended 1 March 2017 section 261 District Court Act 2016 Section 28(1) amended 24 January 2009 section 16(1) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 28(2) substituted 24 January 2009 section 16(2) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 28(3)(a) amended 24 January 2009 section 16(3) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 29: Declarations of Family Court as to appropriate gender identity for children 1: Subject to subsections (3) and (4), the Family Court an eligible child (the child a: that it is in the child's best interests to be brought up as a person of a sex specified in the application (in subsection (3) referred to as the nominated sex b: that any birth certificate issued in respect of the child should contain the information that the child is a person of the sex specified in the application. 2: The court must cause a copy of the application to be served on— a: the Registrar-General, if the child's birth is registered or is registrable under this Act but is not yet registered; and b: any other person who, in the court's opinion, is interested in it or might be affected by the granting of the declaration. 3: The court shall issue the declaration if, and only if,— a: it is satisfied either that the child's birth is registrable under this Act but is not yet registered, or that there is included in the record i: information that the child is a person of the sex opposite to the nominated sex; or ii: information that the child is a person of indeterminate sex; or iii: no information at all as to the child's sex; and b: it is satisfied that the child is not a person of the nominated sex, but— i: the guardian intends to bring the child up as a person of the nominated sex; and ii: wishes the nominated sex to appear on birth certificates issued in respect of the applicant; and c: it is satisfied, on the basis of expert medical evidence, that the child— i: has already undergone; or ii: if the court grants the declaration will undergo,— medical treatment reasonably necessary to enable the child to assume and maintain the gender identity of a person of the nominated sex; and d: it is satisfied, on the basis of expert medical evidence, that the child's physical conformation and gonadal and genital development are such that it is more likely that the child will be able (after undergoing any of the medical treatment not yet undergone) to assume the gender identity of a person of the nominated sex than it is that the child will be able to assume the gender identity of a person of the opposite sex (with or without medical intervention). 4: The declaration shall specify (with as much particularity as is possible in all the circumstances) all medical treatment (if any) that the child has not yet undergone that in the court's opinion (reached in the light of the expert medical evidence) is reasonably necessary to enable the child's successful assumption and maintenance of the gender identity of a person of the nominated sex. Section 29(1) amended 1 March 2017 section 261 District Court Act 2016 Section 29(1) amended 24 January 2009 section 17(1) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 29(2) substituted 24 January 2009 section 17(2) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 29(3)(a) amended 24 January 2009 section 17(3) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 30: Registrar-General may add information to registration of birth 1: Subject to subsection (2), where there is deposited with the Registrar-General a declaration issued under section 28 section 29 2: Section 30(2) repealed 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 31: Registrar-General may delete information where procedures not completed If satisfied that— a: information that a person is a person of a particular sex has under section 30 b: the information was included after the deposit with the Registrar-General of a declaration issued under section 29 c: the declaration of the Family Court included with the documents specified medical treatment that was, in the court's opinion, reasonably necessary to enable the person's successful assumption and maintenance of the gender identity of a person of that sex; and d: there has been produced to the Registrar-General expert medical evidence to the effect that the person has not undergone that medical treatment, or other medical treatment having the same effect,— the Registrar-General may delete from the information recorded the information that was included. 32: Other powers not affected Nothing in sections 28 to 31 a: the power of the Registrar-General under section 84(2) i: incorrect information relating to a person's sex; or ii: information that a person is of indeterminate sex,— correct information relating to the person's sex; or b: the power of the Registrar-General under section 84(3) 33: New information not to affect general law Notwithstanding this Part, the sex of every person shall continue to be determined by reference to the general law of New Zealand. 6: Deaths 34: Deaths in New Zealand to be notified and registered 1: Every death in New Zealand must be notified and registered in accordance with this Part. 2: Subsection (1) does not apply to a death to which section 19(1) Section 34 substituted 1 July 2004 section 26 Visiting Forces Act 2004 35: Deaths outside New Zealand Except as provided in sections 36 48(3) 50 36: Deaths on New Zealand aircraft or ships Any person may notify the Registrar-General and the Registrar-General may cause to be registered, as if it had occurred in New Zealand, any death that occurred outside New Zealand on an aircraft registered in New Zealand under the Civil Aviation Act 1990 Maritime Transport Act 1994 Armed Forces Discipline Act 1971 1951 No 22 s 33A Section 36 amended 7 July 2010 section 9 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2010 37: Medical certificates in relation to illness Section 37 repealed 24 January 2009 section 18 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 38: Medical certificates in relation to accidents to elderly persons Section 38 repealed 24 January 2009 section 18 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 39: Bodies to be disposed of within reasonable time Section 39 repealed 24 January 2009 section 18 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 40: Transfer of charge of body Section 40 repealed 24 January 2009 section 18 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 41: Medical certificate or coroner's order to be obtained before body disposed of Section 41 repealed 24 January 2009 section 18 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 42: Registrar to be notified when body disposed of or removed 1: A person who disposes of a body (not being the body of a person whose death has already been notified under subsection (2)) shall forthwith notify a Registrar of the death of the person concerned. 2: Before removing a body— a: from New Zealand for disposal outside New Zealand; or b: for anatomical examination under the Human Tissue Act 2008 the person proposing to remove it shall notify a Registrar of the death of the person concerned. 1964 No 22 ss 29, 30, 32 Section 42(2)(b) amended 1 November 2008 section 92 Human Tissue Act 2008 43: Notification of death where court gives leave to swear to death Where, in any proceedings under the Administration Act 1969 a: the Registrar of the court shall forthwith notify the Registrar-General; and b: the Registrar-General may authorise a Registrar to register the person's death; and c: in that case, so far as this Act may be complied with in the circumstances, the Registrar shall do so. 1951 No 22 s 33B 44: Notification of death reported to coroner where body destroyed or irrecoverable A coroner who has established— a: that a person (being a person whose body is destroyed, impossible or impracticable to recover, or lost) has died; and b: the person's identity,— shall notify a Registrar of the person's death. 1951 No 22 s 31A 45: Notification of death reported to coroner in other cases 1: The coroner to whom a death has been reported (or any coroner acting in that coroner's place) shall give a Registrar written notice of all particulars known to the coroner relating to the date, place, cause of the death, and identity of the person concerned,— a: forthwith after issuing a coroner's authorisation b: forthwith after acquiring them, in the case of particulars learned of later. 2: A coroner shall not include in any particulars given under subsection (1) any matter that tends to incriminate any person of any offence. 1951 No 22 s 31 Section 45(1)(a) amended 24 January 2009 section 46 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 46: Other person may be authorised to notify 1: Where— a: a person required by any of sections 42 to 45 b: every person required by any of sections 42 to 45 the other person may do so. 2: Except as provided in subsection (1), a person not required by any of sections 42 to 45 3: Notwithstanding subsection (1), where any person required by any of sections 42 to 45 1951 No 22 s 33 47: Manner of notification of death 1: A person notifying a Registrar of a death shall do so— a: by completing and signing the standard b: by sending the prescribed information relating to the death to the Registrar by an electronic means approved by the Registrar-General. 2: Subject to subsection (3), a person who completes and signs the standard 3: Where— a: any person has notified a Registrar of a death by completing and signing the standard b: it has not arrived or has been lost or destroyed,— a Registrar may authorise the person, or any other person required by any of sections 42 to 45 Section 47(1)(a) amended 24 January 2009 section 46 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 47(2) amended 24 January 2009 section 46 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 47(3)(a) amended 24 January 2009 section 46 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 48: Time within which death to be notified 1: A person required by section 42(1) 2: A coroner required by section 44 inquiry 3: If the Registrar-General is satisfied that— a: any death in New Zealand has not previously been registered; or b: the death of a person ordinarily resident in New Zealand occurred in a place outside New Zealand where— i: there was no system for recording information relating to deaths; or ii: the system for recording information relating to deaths did not apply to the person,— the death may be notified at any time; but (without limiting the generality of section 82 Section 48(2) amended 1 July 2007 section 146 Coroners Act 2006 49: Registrars to register deaths 1: Unless authorised by the Registrar-General to register deaths, a Registrar who is notified of a death under this Act shall, to the extent that the information given is information required by the standard 2: Subject to sections 48 82 a: a Registrar (being a Registrar authorised by the Registrar-General to register deaths) who— i: is notified of a death under this Act; or ii: has been sent death information under subsection (1),— shall, to the extent that the information given is information required by the standard b: if sent death information under subsection (1), the Registrar-General shall, to the extent that it is information required by the standard 3: A Registrar who records information relating to a person's death (whether under subsection (1) of this section or under section 50 a: take all reasonable steps to find out if information relating to the person's birth is recorded on the system; and b: if so, ensure that there is recorded, with but not as part of that information, the fact that the person is dead. 1951 No 22 s 7 Section 49(1) amended 24 January 2009 section 46 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 49(2)(a) amended 24 January 2009 section 46 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 49(2)(b) amended 24 January 2009 section 46 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 50: Register of deaths of certain service personnel 1: The Registrar-General shall take all reasonable steps to ensure that there is and continues to be recorded in respect of each person who, in the Registrar-General's opinion, died outside New Zealand while a member of, and on service with,— a: a naval, military, or air force raised in New Zealand, or in— i: any other State that was a Commonwealth country when the force was raised; or ii: any State for whose international relations New Zealand or another State that was a Commonwealth country when the force was raised was then responsible; or b: a United Nations activity within the meaning of sections 91 to 95 all the information (so far as it is known) described in subsection (2). 2: The information to be recorded is: a: name and sex: b: force or unit served in, and rank or level of position c: last occupation and usual place of abode before departure from New Zealand: d: birthplace and parentage: e: date of birth, or age at date of death: f: relationship status at time of death: g: date and place of death: h: cause of death: i: place of disposal: j: the source of information from which the particulars were obtained. 3: For the purpose of recording information under this section, the Registrar-General may accept— a: in proof of the death of any person— i: the fact that the High Court has granted probate or administration of the estate of the person; or ii: the fact that the High Court has granted leave to swear to the death; or iii: a certificate signed by an officer of the force concerned; or iv: a certificate signed by an officer of a force (being a force of another country or of the United Nations) acting in co-operation with the force concerned; or v: a certificate signed by any person approved for the purpose by the Minister of Defence or, as the case requires, the Minister of Police: b: in proof of the death of any person, or of any other information required by subsection (2) to be recorded, any evidence the Registrar-General thinks sufficient. 1951 No 22 s 36 Section 50(1)(b) amended 1 October 2008 section 130(1) Policing Act 2008 Section 50(2)(b) amended 1 October 2008 section 130(1) Policing Act 2008 Section 50(2)(f) substituted 26 April 2005 section 7 Relationships (Statutory References) Act 2005 51: Registrar to be notified when disinterred body disposed of or removed 1: A person who disposes of a body that has been disinterred (otherwise than by returning it to the place where it was previously interred) shall, within 5 working days of doing so, notify a Registrar of where and how it was disposed of. 2: A person who removes— a: from New Zealand for disposal outside New Zealand; or b: for anatomical examination under the Human Tissue Act 2008 a body that has been disinterred shall notify a Registrar of the removal. 3: Subject to section 82 a: where the body has been disposed of; or b: that the body has been removed from New Zealand for disposal outside New Zealand; or c: that the body has been removed for anatomical examination under the Human Tissue Act 2008 Section 51(2)(b) amended 1 November 2008 section 92 Human Tissue Act 2008 Section 51(3)(c) amended 1 November 2008 section 92 Human Tissue Act 2008 52: Deposit with Registrar-General of death certificates issued outside New Zealand 1: Subject to this section, any person may, on payment of the prescribed fee and in the manner prescribed by regulations made under this Act, deposit with the Registrar-General a death certificate issued outside New Zealand in respect of the death outside New Zealand, whether before or after the commencement of this Act, of a New Zealand citizen or of a person ordinarily resident in New Zealand. 2: Where any person delivers to the Registrar-General, for deposit under subsection (1), a document that purports to be a death certificate to which that subsection applies, the Registrar-General shall, if satisfied that the document appears to be such a certificate, accept it for deposit and record the information contained in it. 3: Where a death certificate to which subsection (1) applies is not in the English language, the Registrar-General shall not accept it for deposit unless it is accompanied by a translation of that death certificate into the English language. 4: The Registrar-General shall not be responsible for the authenticity of any death certificate deposited under this section nor for the truth of any information contained in any such death certificate. 5: Where a death certificate is deposited under this section, the Registrar-General may, on payment of the prescribed fee, issue a written statement— a: stating that that death certificate is, under this section, deposited with the Registrar-General; and b: giving the information contained in that death certificate; but c: stating that the Registrar-General is not responsible for the authenticity of that death certificate nor for the truth of any information contained in that death certificate. 6: Where a death certificate is deposited under this section with the Registrar-General at a time when the Registrar-General has access to a computer system on which information relating to births is recorded, the Registrar-General shall— a: take all reasonable steps to find out if information relating to the person's birth is recorded on the system; and b: if so, ensure that there is recorded, with but not as part of that information, the fact that a death certificate issued outside New Zealand has been deposited but the recording of that fact shall note that the death certificate has not been authenticated. 6A: Sections 74 75 7: Nothing in this section limits or affects the provisions of sections 48(3)(b) 50 Section 52(6A) inserted 24 January 2009 section 19 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 7: Marriages 53: Marriages in New Zealand to be registered Every marriage solemnised in New Zealand shall be registered in accordance with this Part. 54: Marriages outside New Zealand Except as provided in sections 56 57 58 Section 54 amended 7 July 2010 section 10 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2010 55: Marriage information to be sent to Registrar 1: A celebrant shall,— a: forthwith after solemnising a marriage,— i: enter on both forms provided under section 24 ii: ensure that both forms are signed by each spouse iii: give one form to the parties; and b: within 10 days of solemnising the marriage, give, send, or post the other form to a Registrar. 2: If a marriage has been solemnised in accordance with the marriage regulations of the religious Society of Friends (commonly called Quakers) or, as the case may require, in accordance with the rules and procedures of an exempt religious body,— a: each spouse i: enter on both forms provided under section 24 ii: ensure that both forms are signed by each spouse iii: ensure that 1 form is given, sent, or posted to the registering officer of the Society of Friends or, as the case may require, the registering officer of the exempt religious body; and b: as soon as is practicable after receiving a form under paragraph (a)(iii) or subsection (4), the registering officer of the Society of Friends or, as the case may require, the registering officer of the exempt religious body must give, send, or post it to a Registrar. 2A: In subsection (2), exempt religious body section 32A(5) 3: A person who solemnises a service marriage (other than a service marriage solemnised in a Commonwealth country, particulars of which have been recorded in that country in accordance with its laws) shall,— a: forthwith after the solemnisation,— i: make and keep a record of information relating to the marriage on the form for the time being supplied with licences under section 24 ii: ensure that the record and 2 copies of it are signed by each spouse iii: give one copy to the parties; and b: as soon as is practicable after the solemnisation, send or post the other copy to the Registrar-General. 4: Where a form or copy record prepared under this section (or a document prepared under an equivalent provision of a former Act) has been lost or mislaid, the Registrar-General may direct the person or persons who prepared it to prepare and give, send, or post another; and in that case the person or persons shall do so. 1955 No 92 ss 11(2) 32 36 Section 55(1)(a)(ii) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 55(2) substituted 1 January 2002 section 46 Human Rights Amendment Act 2001 Section 55(2)(a) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 55(2)(a)(ii) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 55(2A) inserted 1 January 2002 section 46 Human Rights Amendment Act 2001 Section 55(3)(a)(ii) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 56: Registrars to register marriages 1: Unless authorised by the Registrar-General to register marriages,— a: a Registrar who receives a form given, sent, or posted under section 55 standard b: a Registrar who solemnises a marriage shall send the prescribed information relating to it to the Registrar-General or to a Registrar specified by the Registrar-General (as the Registrar-General for the time being directs). 2: Subject to section 82 a: a Registrar (being a Registrar authorised by the Registrar-General to register marriages) who receives a form given, sent, or posted under section 55 standard b: a Registrar (being a Registrar authorised by the Registrar-General to register marriages) who solemnises a marriage shall register the prescribed information relating to it: c: if sent marriage information under subsection (1), the Registrar-General shall, to the extent that it is information required by the standard 1955 No 92 s 36 Section 56(1)(a) amended 24 January 2009 section 46 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 56(2)(a) amended 24 January 2009 section 46 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 56(2)(c) amended 24 January 2009 section 46 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 57: Registrar-General may register certain marriages 1: Subject to section 82 a: whether or not a form has been prepared in respect of the marriage under section 55 section 11(2) section 32 section 36 b: whether or not information to the same effect, or conflicting information, was contained in any such form, part, certificate, or copy. 2: Subject to section 82 a: has received from a party to a service marriage, or a descendant of the parties to a service marriage, or some other person on behalf of such a party or descendant,— i: an original record of information relating to the marriage recorded under section 55(3)(a) ii: an original certificate of its solemnisation under section 45(1) iii: some other information relating to the marriage; and b: is satisfied that the record, certificate, or information is authentic; and c: is satisfied that it is impracticable to produce a copy record or copy certificate (as the case requires),— the Registrar-General may record the information or any of it. 1955 No 92 ss 38(2) 46(2) 58: Overseas ceremony where New Zealand representative attends The Registrar-General shall record all information contained in a duplicate copy of a certificate forwarded to the Registrar-General under section 43(1) 1955 No 92 s 43(2) 59: Dissolutions to be recorded 1: Upon the making of— a: an order dissolving a marriage; or b: an order declaring that a party to a marriage is presumed to be dead and that the marriage is dissolved; or c: an order declaring a marriage to be void ab initio under the Family Proceedings Act 1980 the office of the Family Court 2: The Registrar-General may record, as part of the information recorded under this Act or a former Act relating to a marriage, any information contained in— a: any order described in subsection (1); or b: any equivalent order or decree made under a former divorce enactment (that is to say an Act repealed by the Family Proceedings Act 1980 1955 No 92 ss 53 55 Section 59(1) amended 1 March 2017 section 261 District Court Act 2016 Section 59(1) amended 24 January 2009 section 46 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 60: Convictions for bigamy, and for coerced marriage, to be recorded 1: This section applies if a person who is a party to a marriage is convicted of bigamy or coerced marriage because the marriage is a bigamous or coerced marriage. 2: The Registrar of the court in which the conviction was entered must immediately send to the Registrar-General a certificate of the conviction specifying— a: the names of the parties to the bigamous or coerced marriage; and b: the date and place of the bigamous or coerced marriage; and c: the date of the conviction. 3: Subsection (4) applies if— a: information relating to the bigamous or coerced marriage has been recorded under this Act or a former Act; and b: information relating to the bigamous or coerced marriage is sent to the Registrar-General under subsection (2). 4: The Registrar-General must record, as part of the information relating to the bigamous or coerced marriage, the information sent under subsection (2). Section 60 replaced 3 December 2018 section 33 Family Violence (Amendments) Act 2018 61: Celebrants and Registrars to be notified Section 61 repealed 7 July 2010 section 11 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2010 62: Recording new names in relation to marriages 1: Subsection (2) applies if, during the course of a marriage, a party to the marriage changes his or her name and the change is recorded in the person's birth information or name change information. 2: The person who has changed his or her name (or if the person has died, the other party to the marriage) may request the Registrar-General to include the new name or change of name in his or her marriage information. 3: A request under subsection (2) may be made when the verified statement, deed poll, or copy of the deed poll concerned is provided section 21A 4: The Registrar-General must include the new name or change of name as requested, if the request is accompanied by the prescribed fee (if any). Section 62 substituted 24 January 2009 section 20 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 62(3) amended 16 December 2017 section 6 Electronic Interactions Reform Act 2017 7A: Civil unions Part 7A inserted 26 April 2005 section 39 Civil Union Act 2004 62A: Civil unions under Civil Union Act 2004 to be registered 1: Every civil union entered into under the Civil Union Act 2004 2: No other type of civil union may be registered under this Act. Section 62A inserted 26 April 2005 section 39 Civil Union Act 2004 62B: Civil unions solemnised by celebrant A celebrant who solemnises a civil union must,— a: immediately after solemnising the civil union,— i: enter on both information return forms provided under section 12 ii: ensure that both forms are signed by the parties to the civil union, the celebrant, and 2 witnesses to the solemnisation; and iii: give one form to the parties; and b: within 10 days of solemnising the civil union, forward the other form to a Registrar. Section 62B inserted 26 April 2005 section 39 Civil Union Act 2004 62C: Registrars to register civil unions 1: A Registrar who is authorised by the Registrar-General to register civil unions must,— a: if he or she receives a form under section 62B standard b: if he or she solemnises a civil union, register the prescribed information relating to it. 2: A Registrar who is not authorised by the Registrar-General to register civil unions must send to the Registrar-General, or to a Registrar specified by the Registrar-General (as the Registrar-General for the time being directs),— a: any information contained on a form forwarded to the Registrar under section 62B standard b: if the Registrar solemnises a civil union, the prescribed information relating to that civil union. 3: Subsections (1) and (2) may be overridden by section 82 Section 62C inserted 26 April 2005 section 39 Civil Union Act 2004 Section 62C(1)(a) amended 24 January 2009 section 46 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 62C(2)(a) amended 24 January 2009 section 46 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 62D: Change to form of relationship to be recorded If the Registrar-General or a Registrar receives information that the parties to a marriage or civil union have, under section 18 a: note on any information relating to the earlier marriage or civil union that is registered under this Act that the marriage or civil union has been changed, and note when and where the change was effected; and b: note on the information relating to the later marriage or civil union that, on the date and at the place in which the solemnisation of the later marriage or civil union took place, the parties changed their earlier marriage or civil union into a marriage or civil union; and c: ensure that a link is created between the registered information relating to the earlier marriage or civil union and the registered information relating to the later marriage or civil union. Section 62D inserted 26 April 2005 section 39 Civil Union Act 2004 62E: Dissolutions to be recorded 1: A Registrar of the Family Court Family Proceedings Act 1980 a: an order dissolving a civil union: b: an order declaring that a party to a civil union is presumed dead and the civil union is dissolved: c: an order declaring that a civil union is void ab initio 2: The Registrar-General must record the information contained in a certificate received under subsection (1) as part of the information recorded under this Act relating to the civil union. Section 62E inserted 26 April 2005 section 39 Civil Union Act 2004 Section 62E(1) amended 1 March 2017 section 261 District Court Act 2016 62F: Convictions for bigamy, and for coerced civil union, to be recorded 1: This section applies if a person who is a party to a civil union is convicted of bigamy or coerced civil union because the civil union is a bigamous or coerced civil union. 2: The Registrar of the court in which the conviction was entered must immediately send to the Registrar-General a certificate of the conviction specifying— a: the names of the parties to the bigamous or coerced civil union; and b: the date and place of the bigamous or coerced civil union; and c: the date of the conviction. 3: Subsection (4) applies if— a: information relating to the bigamous or coerced civil union has been recorded under this Act or a former Act; and b: information relating to the bigamous or coerced civil union is sent to the Registrar-General under subsection (2). 4: The Registrar-General must record, as part of the information relating to the bigamous or coerced civil union, the information sent under subsection (2). Section 62F replaced 3 December 2018 section 34 Family Violence (Amendments) Act 2018 62G: Recording new names in relation to civil unions 1: Subsection (2) applies if, during the course of a civil union, a party to the civil union changes his or her name and the change is recorded in the person's birth information or name change information. 2: The person who has changed his or her name (or if the person has died, the other party to the civil union) may request the Registrar-General to include the new name or change of name in his or her civil union information. 3: A request under subsection (2) may be made when the verified statement is provided section 21A 4: The Registrar-General must include the new name or change of name as requested, if the request is accompanied by the prescribed fee (if any). Section 62G substituted 24 January 2009 section 21 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 62G(3) amended 16 December 2017 section 7 Electronic Interactions Reform Act 2017 8: Certificates 63: Birth certificates for adopted persons 1: Except as provided in section 11(4)(a) a: by reference to the names most recently included in the registration of the person's birth under section 24 section 25 b: by reference to a name or names later recorded for the person under section 21B 2: Except as provided in the Adult Adoption Information Act 1985 section 24 section 25 a: subject to paragraph (b), shall contain the information that such a certificate would contain if the adoptive parents by whom the person was most recently adopted (otherwise than under an adoption order that has been discharged) were the person's biological mother and father, and the name or names recorded under that section had been recorded as information relating to the person's birth; and b: shall state that those adoptive parents are or are not adoptive parents according to the information in that behalf most recently recorded under section 24 c: shall contain no other information. 1951 No 22 s 21(7) Section 63(1)(b) substituted 24 January 2009 section 22 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 64: Birth certificates after sexual assignment or reassignment 1: A birth certificate provided in respect of a person in respect of whom it is for the time being recorded under section 30 a: shall, where new names have been included in the registration of the person's birth since it was recorded that the person was a person of that sex, contain the information that such a certificate would contain if the names first so included had been the person's names since birth; and b: subject to paragraph (a), shall contain the information that such a certificate would contain if the person had always been a person of that sex; and c: shall contain no other information. 2: Where the Registrar-General records under section 30 3: Any birth certificate issued in accordance with subsection (2)— a: shall contain the information that such a certificate would contain if the nominated names had been the person's names since birth; and b: shall, subject to that subsection, contain the information that such a certificate would contain if that person had always been a person of that sex; and c: shall contain no other information. 4: Notwithstanding subsections (1) to (3), a birth certificate provided in respect of a person at any time while, under section 30 65: Request for new identity information for certain witnesses, etc 1: The following persons may make a written request to the Minister to create new identity information: a: the Minister of Police, for the purpose of protecting a person who— i: is, has been, or will be— A: a witness in any proceeding; or B: an undercover Police officer: ii: needs protection because of his or her relationship to a person who is, has been, or will be a witness in any proceeding: b: the Director-General of an intelligence and security agency, for the purpose of protecting the identity of a person who is, has been, or will be an employee. 2: The Minister may give a written direction to the Registrar-General to create new identity information for the person if,— a: on receiving a request under subsection (1)(a), the Minister is satisfied that it is in the interests of justice that the new identity information be created; or b: on receiving a request under subsection (1)(b), the Minister is satisfied, having regard to the matters set out in section 26(3) i: the person will use the new identity information appropriately; and ii: it is otherwise appropriate to grant the request. 3: New identity information is created by the Registrar-General by omitting, amending, or inserting— a: birth information, death information, marriage information, civil union information, or name change information (including, if necessary, the creation of other identities to support the person's new identity information); and b: operational or administrative information as necessary, so that it supports the information described in paragraph (a). 4: The Registrar-General may omit, amend, or insert information in the birth information, death information, marriage information, civil union information, or name change information of a person for whom new identity information has been created if the Registrar-General receives notification that the new identity is no longer needed or has been compromised, from— a: the Commissioner of Police in relation to new identity information created as a result of a request under subsection (1)(a); or b: the Director-General of an intelligence and security agency in relation to new identity information created as the result of a request under subsection (1)(b). 5: In this section,— employee section 22 undercover Police officer Section 65 substituted 24 January 2009 section 23 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 65(1)(b) replaced 28 September 2017 section 247(1) Intelligence and Security Act 2017 Section 65(2) replaced 28 September 2017 section 247(2) Intelligence and Security Act 2017 Section 65(4)(b) replaced 28 September 2017 section 247(3) Intelligence and Security Act 2017 Section 65(5) employee inserted 28 September 2017 section 247(5) Intelligence and Security Act 2017 Section 65(5) employee officer repealed 28 September 2017 section 247(4) Intelligence and Security Act 2017 66: Birth certificates where error in birth registration corrected 1: Subject to subsection (2), where an error in the registration of a person's birth has been corrected under this Act or a former Act, a birth certificate later provided in respect of the person— a: shall contain the information that such a certificate would contain if the error had not been made; and b: shall contain no other information. 2: Where— a: under this Act or a former Act an error as to a person's sex has been corrected in the registration of the person's birth; and b: since the error was corrected new names have been included in the registration,— a birth certificate later provided in respect of the person shall show the names first included after the error was corrected as if they were the names recorded when the person's birth was registered. 3: Notwithstanding subsection (1), where under this Act or a former Act an error in respect of the registration of a person's birth has been corrected, there may be provided in respect of that person a birth certificate that, by virtue of the serial number it bears, is capable of indicating that such an error has been corrected. 67: Birth certificates generally 1: Every birth certificate shall contain as much information (being information relating to the birth to which the certificate relates recorded under this Act or a former Act at the time the certificate is issued) as is then prescribed. 2: Subsection (1) is subject to sections 63 to 66 3: Notwithstanding sections 63(2)(c) 64(1)(c) 65(3) 66(1)(b) still-born deceased 4: 5: 6: Section 67(3) amended 24 January 2009 section 24(1) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 67(4) repealed 24 January 2009 section 24(2) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 67(5) repealed 24 January 2009 section 24(2) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 67(6) repealed 24 January 2009 section 24(2) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 68: Surnames on certain birth certificates In relation to births registered under a former Act before 1 January 1972, section 67 a: in the case of a birth in respect of which there was recorded the information that the parents of the person concerned were married to each other, as if there had been recorded the information that the person had the surname of the person's father; and b: in every other case, as if there had been recorded the information that the person had the surname of the person's mother. 69: Death certificates Every death certificate shall contain as much information (being information relating to the death to which the certificate relates recorded under this Act or a former Act at the time the certificate is issued) as is then prescribed. 70: Marriage certificates Every marriage certificate shall contain as much information (being information relating to the marriage to which the certificate relates recorded under this Act or a former Act at the time the certificate is issued) as is then prescribed. 70A: Civil union certificates Every civil union certificate must contain as much information (being information relating to the civil union to which the certificate relates that is recorded under this Act at the time the certificate is issued) as is then prescribed. Section 70A inserted 26 April 2005 section 46 Civil Union Act 2004 70B: Name change certificates 1: A name change certificate must contain as much information (relating to all name changes to which the certificate relates and that are recorded under this Act at the time the certificate is issued) as is then prescribed in regulations. 2: A name change certificate must not be issued for a person whose birth has been registered. Section 70B inserted 24 January 2009 section 25 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 71: Certificates to be prima facie evidence A birth, death, marriage certificate, civil union, or name change 1951 No 22 s 42 Section 71 amended 24 January 2009 section 46 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 71 amended 26 April 2005 section 46 Civil Union Act 2004 72: Fees for certificates No birth certificate, death certificate, marriage, civil union, or name change Section 72 amended 24 January 2009 section 46 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 72 amended 26 April 2005 section 46 Civil Union Act 2004 9: Searches and disclosure of information Part 9 heading substituted 24 January 2009 section 26 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 73: Definitions for sections 74 to 75G In sections 74 to 75G access register section 75D(1) non-disclosure direction section 75A(2)(b) personal representative a: if the person has not attained the age of 18 years or has not earlier married or entered into a civil union or de facto relationship, a parent or guardian of the person; or b: if the person has attained the age of 18 years or has earlier married or entered into a civil union or de facto relationship, a person who has been granted a power of attorney or has been given written authority by the person. Section 73 substituted 24 January 2009 section 27 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 74: Access to birth information, death information, marriage information, civil union information, or name change information 1: Any person may request a Registrar to— a: cause a search of information to be made; or b: permit the inspection of a source document; or c: provide a print-out or certificate of the information requested or a copy of a source document. 2: A Registrar may comply with a request under subsection (1) only if— a: the request is in respect of a named person; and b: the request is for a source document relating to the named person’s birth, death, marriage, civil union, or name change; or information relating to the registration of the named person’s birth, death, marriage, civil union, or name change; and c: the request is made in a manner approved by the Registrar-General; and d: the prescribed fee is paid; and e: the requirement in subsection (3) is met; and f: in the case of a request for a source document, the Registrar is satisfied that the person making the request is authorised under section 75 3: A person making the request and, if applicable, the person for whom the request is made must provide the Registrar with any means of identification that are reasonably necessary to allow the identity of the person or the identities of those persons to be readily ascertained. 4: This section is subject to sections 75B(2) 75G to 78H Section 74 substituted 24 January 2009 section 27 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 75: Persons authorised to access source documents 1: The following persons may inspect or obtain a copy of a source document: a: the person who is the subject of the birth information, marriage information, civil union information, or name change information contained in the source document or that person's personal representative: b: a person who satisfies the Registrar-General that access is required for the maintenance of the accuracy of the registered information: c: a person who satisfies the Registrar-General that access is required for a purpose consistent with the purpose of recording information under this Act that cannot be met by obtaining a certificate or print-out. 2: However, a person described in subsection (1)(a) may not inspect or obtain a copy of information from a register, or an index to a register, that is regarded by the Registrar-General as a source document because it is maintained in documentary form and was created before 1 January 1998. Section 75 substituted 24 January 2009 section 27 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 75A: Subject of birth information, marriage information, civil union information, or name change information may search access register and request non-disclosure direction 1: This section applies to a person who is the subject of birth information, marriage information, civil union information, or name change information. 2: A person to whom this section applies, or his or her personal representative, may, at any time, request the Registrar-General— a: to provide a copy of all entries made in the access register in relation to the person’s birth information, marriage information, civil union information, or name change information: b: on 1 or more prescribed grounds, to direct that the person’s birth information, marriage information, civil union information, or name change information must not be disclosed to the public. 3: The Registrar-General may comply with a request under subsection (2) only if— a: the request is made in a manner approved by the Registrar-General; and b: the prescribed fee (if any) is paid; and c: the requirement in subsection (4) is met. 4: A person making the request must provide the Registrar-General with any means of identification that are reasonably necessary to allow the identity of the person to be readily ascertained. 5: The Registrar-General must adopt appropriate procedures to ensure that, if the request is made by the person’s personal representative, the personal representative has the written authority of that person or is otherwise properly authorised by that person. 6: Subsection (2)(a) is subject to section 75E 7: Subsection (2)(b) is subject to sections 75F 75G Section 75A inserted 24 January 2009 section 27 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 75B: Effect and duration of non-disclosure direction 1: This section applies if the Registrar-General complies with a request under section 75A(2)(b) 2: During the period in which the non-disclosure direction is in force, a Registrar— a: may comply with a request under section 74 i: by the person who is the subject of that information; or ii: by that person’s personal representative; and b: must inform any other person who makes a request under that section for that information that— i: the information exists; but ii: the request cannot be complied with because a non-disclosure direction is in force. 3: A non-disclosure direction is in force from the date on which the Registrar-General gives the direction and continues in force until whichever is the earlier of— a: the expiry of the prescribed period; or b: the date on which the Registrar-General directs that the direction be withdrawn in accordance with a request under subsection (4). 4: A person who is the subject of the information to which a non-disclosure direction relates or that person’s personal representative may, at any time, request the Registrar-General— a: to withdraw the direction; or b: on 1 or more prescribed grounds, to reinstate the direction after it has been withdrawn or after the prescribed period referred to in subsection (3)(a) has expired. 5: Section 75A(3) to (5) 6: Subsection (2) is subject to sections 75F 75G Section 75B inserted 24 January 2009 section 27 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 75C: Registrar may provide limited verification of registered information that becomes publicly available while non-disclosure direction in force 1: This section applies if a person who is the subject of birth information, marriage information, civil union information, or name change information makes any part of the information, or any information corresponding to that part of the information, publicly available while a non-disclosure direction in respect of that information is in force. 2: Any person may request a Registrar to verify whether the information that has become publicly available matches, or is consistent with, the relevant birth information, marriage information, civil union information, or name change information. 3: A Registrar may comply with a request under subsection (2) only if— a: the request is made in a manner approved by the Registrar-General; and b: the request is accompanied by a copy of the information that has become publicly available or any other details that are sufficient, in the Registrar’s opinion, to confirm that the information is publicly available; and c: the prescribed fee (if any) is paid; and d: the requirement in subsection (4) is met. 4: A person making the request and, if applicable, the person for whom the request is made must provide the Registrar with any means of identification that are reasonably necessary to allow the identity of the person or the identities of those persons to be readily ascertained. Section 75C inserted 24 January 2009 section 27 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 75D: Registrar-General must keep access register 1: The Registrar-General must ensure that an access register is kept for the purposes of this Act. 2: The access register must— a: record, as a separate entry, every request under section 74 b: set out the following information under each entry: i: the name of the person who made the request; and ii: the date on which the request was made; and iii: whether or not the Registrar complied with the request. 3: Subsection (2)(a) is subject to sections 75F(2) 75G Section 75D inserted 24 January 2009 section 27 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 75E: Public sector agencies may search access register 1: Despite section 75A(2)(a) section 7(1) 2: The Registrar-General must comply with a request under subsection (1) as soon as practicable after it is made. 3: To avoid doubt, section 75A(3) and (4) Section 75E inserted 24 January 2009 section 27 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 75E(1) amended 1 December 2020 section 217 Privacy Act 2020 75F: Searches for certain authorised purposes 1: Sections 75A(2)(b) 75B(2) section 74 a: a person who requires the information for use in proceedings in a court or tribunal: b: an adopted person who is searching for information about his or her birth family: c: an executor, administrator, or trustee of an estate or trust who requires the information for the administration of the estate or trust: d: a person who satisfies the Registrar-General that access to the information or a source document is required for the maintenance of the accuracy of the registered information: e: a person who satisfies the Registrar-General that access to a source document is required for a purpose consistent with the purpose of recording information under the Act that cannot be met by obtaining a certificate or print-out. 2: Sections 75A(2)(b) 75B(2) 75D(2) section 74 a: a public sector agency that requires the information to avoid prejudice to the maintenance of the law (including the prevention, detection, investigation, prosecution, and punishment of offences): b: a public sector agency to whom disclosure of the information is contemplated or authorised by any other enactment: c: an intelligence and security agency, if it requires the information for the performance of its functions: d: the Police so they can notify next of kin of a person’s death. Section 75F inserted 24 January 2009 section 27 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 75F(2)(c) replaced 28 September 2017 section 248 Intelligence and Security Act 2017 75G: Searches for purposes of gathering statistics, or for health, historical, or demographic research 1: Despite sections 74 75A(2)(b) 75B(2) 75D(2) a: the gathering of statistics or historical or demographic research, and— i: information relating to particular individuals is not sought and will not be retained; or ii: if information relating to particular individuals is sought, the information— A: relates to persons who are dead or were born at least 120 years ago; and B: the Registrar-General is satisfied that, in causing the search to be made, or providing the information, the public benefit outweighs the effect on individual privacy; or b: health research, and— i: information relating to particular individuals is not sought and will not be retained; or ii: if information relating to particular individuals is sought, the information— A: relates to persons who are dead or were born at least 120 years ago; or B: the Registrar-General is satisfied that, in causing the search to be made, or providing the information, the public benefit outweighs the effect on individual privacy. 2: For the purposes of subsection (1)(a)(ii)(B) and (b)(ii)(B), the Registrar-General must take into account the following matters: a: the number of individuals whose privacy will be affected: b: the degree to which each individual's privacy will be affected: c: whether an ethics review committee or a similar body has considered and approved the research and, if so, the persons making up the committee or body and the type of work it undertakes: d: how the agency, body, or person undertaking the research proposes to hold, use, and, if relevant, dispose of the information obtained. 3: The Registrar-General may impose any conditions on the holding, use, publication, and disposal of information provided under this section that the Registrar-General considers appropriate to prevent or minimise an effect on individual privacy. 4: Before exercising any powers under this section for the purposes of subsection (1)(a)(ii)(B) and (b)(ii)(B), the Registrar-General must— a: consult with, and invite comments from, the Privacy Commissioner; and b: take those comments into account. Section 75G inserted 24 January 2009 section 27 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 76: Restrictions on searches relating to adopted persons 1: This section applies to information if— a: it relates to an adopted person; and b: it was recorded under section 24 section 25 2: No person other than the Registrar-General shall permit a person to inspect any document containing information to which this section applies, or provide any person with a print-out or copy of any such document or a print-out of any such information. 3: The Registrar-General may permit a person to inspect any document containing information to which this section applies, or provide any person with a print-out or copy of any such document or a print-out of any such information, if satisfied— a: that— i: the person wishes to inspect the document or have the print-out or copy for a purpose in connection with the administration of an estate or trust; and ii: the person is executor, administrator, or trustee of the estate or trust; and iii: the information is material for the purpose; or b: that— i: the person wishes to inspect the document or have the print-out or copy for the purpose of investigating forbidden degrees of relationship under the Marriage Act 1955 or the Civil Union Act 2004 ii: the person is a Registrar or celebrant; or c: that section 11(4)(a) section 11(4)(a) d: that the adopted person concerned, the adoptive parents, and such of the adopted person's natural parents as had information relating to them recorded under this Act or a former Act as part of the information relating to the adopted person's birth, are all dead; or e: that 120 years has passed since the birth of the adopted person concerned. 4: Except as provided in subsection (3), the Registrar-General shall not permit a person to inspect any document containing information to which this section applies, or provide any person with a print-out or copy of any such document or a print-out of any such information, except on the order of the Family Court, the District Court a: for the purposes of a prosecution for making a false statement; or b: in the event of any question of the validity or effect of any interim order or adoption order; or c: on any other special ground. 1951 No 22 s 21(8), (9) Section 76(3)(b)(i) amended 26 April 2005 section 46 Civil Union Act 2004 Section 76(3)(c) amended 7 July 2010 section 12 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2010 Section 76(4) amended 1 March 2017 section 261 District Court Act 2016 77: Restrictions on searches where error relating to person's sex has been corrected or sexual assignment or reassignment has been registered 1: In this section, birth information 2: This subsection applies to information if— a: it is birth information relating to a person's sex; and it has later been corrected under section 84 b: it is information relating to the correction under section 84 3: This subsection applies to information if— a: it is birth information specifying names for a person; and— i: after it was recorded the birth information relating to the person's sex has been corrected under section 84 ii: after the correction was made, new names adopted by the person have been recorded as birth information; or b: it is information relating to the recording, after the correction under section 84 4: This subsection applies to information if— a: it is birth information that a person is a person of indeterminate sex; and after it was recorded there has been recorded under Part 5 b: it is information to the effect that a person's birth information at one time did not include any information relating to the person's sex; and there has since been recorded under Part 5 c: it is birth information that a person is a person of a particular sex; and after it was recorded there has been recorded under Part 5 d: it is information relating to the recording under Part 5 e: it is birth information specifying names for a person; and— i: after it was recorded there has been recorded under Part 5 ii: after the sex information was recorded, names other than those specified in the birth information have, in accordance with this Act, been recorded as birth information; or f: it is information relating to the recording, for the first time after the recording under Part 5 5: No person other than the Registrar-General shall permit a person to inspect any document containing information to which subsection (2) or subsection (3) or subsection (4) applies, or provide any person with a print-out or copy of any such document or a print-out of any such information. 6: The Registrar-General may permit a person to inspect any document containing information to which subsection (4) applies, or provide any person with a print-out or copy of any such document or a print-out of any such information, if satisfied— a: that the person is the person to whom the information relates; or b: that— i: the person wishes to inspect the document or have the print-out or copy for a purpose in connection with the administration of an estate or trust; and ii: the person is executor, administrator, or trustee of the estate or trust; and iii: the information is material for the purpose; or c: that— i: the person wishes to inspect the document or have the print-out or copy for the purpose of investigating whether or not the parties to a proposed marriage are a man and a woman; and ii: the person is a celebrant or Registrar; and iii: the information is material for the purpose. 7: The Registrar-General may permit a person to inspect any document containing information to which subsection (3) or subsection (4) applies, or provide any person with a print-out or copy of any such document or a print-out of any such information, if satisfied that— a: the person who wishes to inspect the document or have the print-out or copy is the person to whom the information relates; or b: 120 years has passed since the birth of the person to whom the information relates. 8: Except as provided in subsections (6) and (7), the Registrar-General shall not permit a person to inspect any document containing information to which subsection (2) or subsection (3) or subsection (4) applies, or provide any person with a print-out or copy of any such document or a print-out of any such information, except on the order of the Family Court, the District Court a: for the purposes of a prosecution for making a false statement; or b: in the event of any question as to the validity of a marriage; or c: in the event of any question as to the validity of any information recorded under section 30(1) d: on any other special ground. 9: Notwithstanding anything in this Act, the Registrar-General may notify any government agency that has an interest in ensuring that people should not have more than 1 identity of— a: the fact that any person has had the person's sexual assignment or reassignment registered under section 30(1) section 84 b: the person's names at the time: c: any new names later adopted by the person. Section 77(8) amended 1 March 2017 section 261 District Court Act 2016 Section 77(8)(c) amended 28 July 1997 section 5 Births, Deaths, and Marriages Registration Amendment Act 1997 Section 77(9)(a) amended 28 July 1997 section 5 Births, Deaths, and Marriages Registration Amendment Act 1997 78: Restrictions on searches relating to new names of certain witnesses, etc 1: While section 65 2: The Registrar-General may permit a person (in this subsection referred to as the applicant a: is the applicant; or b: has given the Registrar-General written consent to the applicant's inspecting it; or c: is dead; or d: was born more than 120 years ago. 3: Except as provided in subsection (2), the Registrar-General shall not permit any person to inspect, or obtain a copy of or print-out of any information contained in, the document, except on the order of the Family Court, the District Court a: for the purposes of a prosecution for making a false statement; or b: in the event of any question as to the validity of a marriage or civil union c: on any other special ground. 4: The Registrar-General may notify a government agency that has an interest in ensuring that people do not have more than 1 identity of the fact that section 65 5: However, the Registrar-General may do so only if he or she has the written approval of— a: the Commissioner of Police, in the case of a new identity created as the result of a request made under section 65(1)(a) b: the Director-General of an intelligence and security agency, if the new identity was created as the result of a request made under section 65(1)(b) 6: Subsections (7) and (8) apply if a person requests, under this Act, birth information, death information, marriage information, civil union information, or name change information of a person for whom a new identity has been created. 7: The Registrar-General must, as soon as practicable,— a: cause the person who has the new identity to be notified that the information has been requested, if the Registrar-General has the person's latest contact details; and b: also notify— i: the Commissioner of Police, if the new identity was created as a result of a request under section 65(1)(a) ii: the Director-General of an intelligence and security agency, if the new identity was created as the result of a request made under section 65(1)(b) 8: The Registrar-General may also inform the person who has the new identity and the Commissioner of Police or the Director-General of the relevant intelligence and security agency a: the date and time of the request: b: the name, address, and contact details (if known) of the person who made the request: c: the information requested: d: the information (if any) provided to the person as a result of the request. Section 78(3) amended 1 March 2017 section 261 District Court Act 2016 Section 78(3)(b) amended 26 April 2005 section 46 Civil Union Act 2004 Section 78(4) substituted 24 January 2009 section 28 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 78(5) added 24 January 2009 section 28 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 78(5)(b) replaced 28 September 2017 section 249(1) Intelligence and Security Act 2017 Section 78(6) added 24 January 2009 section 28 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 78(7) added 24 January 2009 section 28 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 78(7)(b)(ii) replaced 28 September 2017 section 249(2) Intelligence and Security Act 2017 Section 78(8) added 24 January 2009 section 28 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 78(8) amended 28 September 2017 section 249(3) Intelligence and Security Act 2017 78A: Disclosure of birth information, death information, marriage information, civil union information, and name change 1: The purpose of this section is to authorise the disclosure of birth information, death information, marriage information, civil union information, and name change 2: The Registrar-General and the chief executive of an agency first column of Schedule 1A the agency 3: An agreement entered into under subsection (2) may be varied by the Registrar-General and the chief executive. 4: The Registrar-General may disclose birth information, death information, marriage information, civil union information, and name change under this section Schedule 1A 4A: Sections 74 75A(2)(b) 75B(2) 75D(2) 4B: On or after 1 December 2020 a: an information matching agreement entered into under Part 10 of the Privacy Act 1993 and continued by clause 11 b: an information matching agreement entered into under subpart 4 c: an approved information sharing agreement entered into under subpart 1 5: 6: In this section, a reference to the chief executive of an agency Section 78A inserted 27 September 2001 section 3 Births, Deaths, and Marriages Registration Amendment Act 2001 Section 78A heading amended 1 December 2020 section 217 Privacy Act 2020 Section 78A heading amended 24 January 2009 section 29(1) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 78A heading amended 26 April 2005 section 46 Civil Union Act 2004 Section 78A(1) amended 1 December 2020 section 217 Privacy Act 2020 Section 78A(1) amended 24 January 2009 section 29(2) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 78A(1) amended 26 April 2005 section 46 Civil Union Act 2004 Section 78A(2) amended 1 December 2020 section 217 Privacy Act 2020 Section 78A(4) amended 27 February 2013 section 4 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2013 Section 78A(4) amended 24 January 2009 section 29(3) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 78A(4) amended 26 April 2005 section 46 Civil Union Act 2004 Section 78A(4A) inserted 24 January 2009 section 29(4) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 78A(4B) inserted 1 December 2020 section 190 Privacy Act 2020 Section 78A(5) repealed 1 December 2020 section 217 Privacy Act 2020 Section 78A(6) added 24 January 2009 section 29(5) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 78A(6) amended 1 December 2020 section 217 Privacy Act 2020 78AA: Disclosure of birth information, death information, marriage information, civil union information, and name change information under approved information sharing agreement 1: The Registrar-General may share the following personal information about an identifiable individual under an approved information sharing agreement: a: birth information: b: death information: c: marriage information: d: civil union information: e: name change information. 2: This section does not limit section 74 3: This section and section 78A 4: Subsection (1) applies whether or not a non-disclosure direction is in force in respect of any or all of the personal information about an identifiable individual referred to in that subsection. 5: Section 78AA inserted 27 February 2013 section 5 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2013 Section 78AA(5) repealed 22 August 2017 section 12 Enhancing Identity Verification and Border Processes Legislation Act 2017 78AB: Disclosure of birth information, death information, marriage information, civil union information, and name change information for law enforcement purposes 1: This section applies if a specified agency has reason to suspect that a particular individual— a: is, or is liable to be, detained under an enactment: b: is, or is liable to be, arrested under a warrant issued by a court or any Registrar: c: is contravening, or is about to contravene, an enactment or a court order: d: is liable to be prosecuted for an offence punishable by imprisonment: e: is, or is liable to be, detained or arrested in respect of a traffic offence: f: is endangering, or is threatening to endanger, the life, health, or safety of a person or group of persons: g: is injured or dead. 2: If this section applies, the Registrar-General may, despite the existence or absence of an approved information sharing agreement, share the following personal information about the particular individual with the specified agency: a: birth information: b: death information: c: marriage information: d: civil union information: e: name change information. 3: This section does not limit section 74 78A 78AA 4: Subsection (1) applies whether or not a non-disclosure direction is in force in respect of any or all of the personal information about an identifiable individual referred to in that subsection. 5: For the purposes of this section, specified agency a: the Department of Corrections: b: the Department of Internal Affairs: c: the part of the Ministry of Business, Innovation, and Employment that administers the Immigration Act 2009 d: the Ministry of Justice: e: the Ministry of Transport: f: the New Zealand Customs Service: g: the New Zealand Police: h: the New Zealand Transport Agency. 1993 No 28 s 97 1996 No 27 s 32C(1) 2009 No 51 s 4 Section 78AB inserted 22 August 2017 section 13 Enhancing Identity Verification and Border Processes Legislation Act 2017 78B: Information matching to trace unregistered births Section 78B repealed 1 December 2020 section 190 Privacy Act 2020 78C: Disclosure of statistical information The Registrar-General may publish or otherwise disclose statistical information obtained from registered information if he or she is of the opinion that the statistical information may be of interest to the public and is not readily available elsewhere. Section 78C inserted 24 January 2009 section 30 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 78D: Registrar-General may share name change information and death information with foreign registration authorities 1: The Registrar-General may supply to a foreign registration authority name change information or death information, or both, relating to a person whose birth is registered in the State in which the foreign registration authority has jurisdiction. 2: Subsection (1) is subject to section 78E 3: Without limiting his or her discretion under subsection (1), the Registrar-General may decide not to supply name change information under that subsection if the person who is the subject of the name change information satisfies the Registrar-General that the name change information should not be supplied because of exceptional circumstances of a humanitarian or other nature relating to that person. 4: The Registrar-General may obtain, hold, and use information from a foreign registration authority relating to a name change or death of a person in the State in which the foreign registration authority has jurisdiction— a: whose birth is registered; or b: who is a New Zealand citizen or is entitled, under the Immigration Act 2009 Section 78D inserted 24 January 2009 section 30 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 78D(4)(b) amended 29 November 2010 section 406(1) Immigration Act 2009 78E: Supply of information to foreign registration authorities must be in accordance with written agreement 1: The supply of information under section 78D 2: An agreement must state— a: the purpose of the agreement; and b: the information that can be supplied; and c: the method by which, and the form in which, the information may be supplied; and d: how the foreign registration authority will use the information (including the limits on any further disclosure by the foreign registration authority); and e: the fees (if any) payable for the supply of the information. 3: An agreement may be varied by the Registrar-General and the foreign registration authority in writing. 4: The Registrar-General must consult with the Privacy Commissioner before entering into or varying an agreement. 5: The Privacy Commissioner may require the Registrar-General to review an agreement, and report on the outcome of the review to the Privacy Commissioner, at intervals not shorter than 12 months. Section 78E inserted 24 January 2009 section 30 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 78F: Disclosure of death information to non-government organisations for certain purposes 1: The Registrar-General may disclose death information to an appropriate non-government organisation, private sector agency, or person (the other party 2: The Registrar-General may not disclose information that is protected by any of sections 63 to 66 3: No disclosure may be made unless— a: there is an agreement between the Registrar-General and the other party that states— i: the purpose of the agreement; and ii: the information that can be disclosed; and iii: the method and form of the disclosure; and iv: how the other party will use the information (including the limits on any further disclosure by the other party); and v: the fees (if any) payable for disclosure of the information; and b: the disclosure is in accordance with the agreement. 4: An agreement may be varied by the Registrar-General and the other party in writing. 5: The Registrar-General and the other party must consult with the Privacy Commissioner before entering into or varying an agreement. 6: The Privacy Commissioner may require the Registrar-General and the other party to review the agreement, and report on the outcome of the review to the Privacy Commissioner, at intervals not shorter than 12 months. 7: The other party that obtains information under this section must not intentionally do, or permit another person to do, any of the following: a: change or manipulate the information into a form different from the form in which it was provided: b: place the information on the Internet or otherwise make it available for public search: c: use or disclose the information for a purpose other than the purpose specified in the agreement. 8: Subsection (7)(b) does not prevent the other party that obtains information under this section from placing the information on an Internet site that is not generally available to members of the public if the Registrar-General so agrees. Section 78F inserted 24 January 2009 section 30 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 78G: Definition for sections 78H and 78I In sections 78H 78I historical information a: a birth (excluding still-births) that occurred 100 years ago or more: b: a still-birth that occurred 50 years ago or more: c: a marriage or civil union that occurred 80 years ago or more: d: a name change for a person whose birth is registered outside New Zealand and who was born 100 years ago or more: e: a death that occurred 50 years ago or more, or if 80 years or more has passed since the birth of the deceased person. Section 78G inserted 24 January 2009 section 30 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 78H: Registrar-General may make certain historical information available 1: The Registrar-General may make historical information available for search by the public (including on an Internet site) on payment of the prescribed fee (if any). 2: The Internet site must be maintained by, or on behalf of, the Registrar-General. 3: The historical information that the Registrar-General may make available on the Internet site is,— a: for births (excluding still-births), any or all of the following information that is registered: i: the name, all registered name changes, and sex of the person born: ii: the date of the birth: iii: the place of the birth or the place where it was registered, or both: iv: the mother's name: v: the father's name: vi: the registration number; and b: for still-births, any or all of the following information that is registered: i: the name and sex of the person who was still-born: ii: the date of the still-birth: iii: the place of the still-birth or the place where it was registered, or both: iv: the mother's name: v: the father's name: vi: the registration number; and c: for marriages and civil unions, any or all of the following information that is registered: i: the names of the people who married or entered into a civil union: ii: the date of the marriage or civil union: iii: the place of the marriage or civil union or the place where it was registered, or both: iv: the registration number; and d: for name changes, any or all of the following information that is registered: i: the person's full name before the first registered name change: ii: in relation to each time the person has registered a name change, the person's new full name: iii: the date of birth of the person: iv: the place of birth of the person: v: the registration number; and e: for deaths, any or all of the following information that is registered: i: the name at birth, name at death, and sex of the person who died: ii: the date of the death: iii: the place where the person died or the place where it was registered, or both: iv: the date of birth of the person who died or the age of the person on death, or both: v: the registration number. 4: Subsection (3) is subject to sections 75A(2)(b) 75B(2) 5: If this section applies, sections 74(2)(e) and (3) 75D(2) Section 78H inserted 24 January 2009 section 30 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 78I: Index information must not be made available on Internet 1: Index information must not be made available intentionally on an Internet site. 2: Index information that is made available on an Internet site before the commencement of this section must be removed from the site within 14 days after the commencement of this section. 3: However, index information may be made available on an Internet site (or remain available if it is available on the site before the commencement of this section) if— a: the information is in a form that could not reasonably be expected to identify any particular person; or b: the person who makes the information available— i: is the subject of the information; or ii: has been granted a power of attorney or given written authority to make the information available by the person who is the subject of the information; or c: the information is historical information. 4: Index information may be made available on an Internet site under subsection (3)(b)(ii) only to the extent that the power of attorney or written authority does not prohibit making available the information on the Internet. 5: In this section,— index information section 74(2) Internet site Section 78I inserted 24 January 2009 section 30 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 78J: Review of operation of sections 74 to 75G, 78F, and 78H 1: As soon as practicable after the expiry of the period of 5 years beginning on the commencement of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 a: review the operation of sections 74 to 75G 78F 78H b: prepare a report of the review that includes recommendations on whether any amendments to those sections are necessary or desirable; and c: present a copy of the report to the House of Representatives. 2: In preparing the report, the Minister must consult with interested parties (including the Privacy Commissioner and the Chief Archivist). Section 78J inserted 24 January 2009 section 30 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 78K: Disclosure of certain information for purposes of Identity Information Confirmation Act 2012 1: Any information specified in subsection (2) in relation to an individual about whom an identity information check was carried out under section 9 2: The information referred to in subsection (1) is as follows: a: that the individual is dead: b: that name change information in relation to the individual exists. Section 78K inserted 19 December 2012 section 22 Identity Information Confirmation Act 2012 10: Registrar-General and Registrars 79: Registrar-General 1: There shall from time to time be appointed under the Public Service Act 2020 2: The Registrar-General is charged with the general administration of this Act. 3: Subject to this Act, every Registrar shall exercise and perform powers and duties under this Act in accordance with the directions for the time being (if any) of the Registrar-General. 1951 No 22 s 3 Section 79(1) amended 7 August 2020 section 135 Public Service Act 2020 80: Deputy Registrar-General 1: There shall from time to time be appointed under the Public Service Act 2020 2: Subject to the control of the Registrar-General, a Deputy Registrar-General has and may exercise and perform any of the powers, functions, and duties of the Registrar-General. 3: On the occurrence from any cause of a vacancy in the office of Registrar-General (whether by reason of death or resignation or otherwise) or in the absence (from whatever cause arising) of the Registrar-General, and for so long as the vacancy or absence continues,— a: the Deputy Registrar-General if there is only 1; or b: a Deputy Registrar-General authorised in writing in that behalf by the chief executive of the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act has and may exercise and perform all the powers, functions, and duties of the Registrar-General. 4: The fact that a Deputy Registrar-General exercises or performs any power, function, or duty of the Registrar-General is conclusive evidence of the Deputy Registrar-General's authority to do so; and no authority given under subsection (3)(b), and no act done by a Deputy Registrar-General under any such authority or under subsection (2) or subsection (3), shall in any proceedings be questioned on the ground that the occasion for the giving of the authority had not arisen or had ceased, or that the act was contrary to a direction of the Registrar-General. 1951 No 22 s 3 Section 80(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 80(3)(b) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 81: Registrars 1: There shall from time to time be appointed such number of persons to be Registrars as is necessary for the purposes of this Act or any other Act under which Registrars exercise functions 2: Appointments under subsection (1) shall,— a: in the case of persons who on their appointment will become employed in the public service, be in accordance with the Public Service Act 2020 b: in every other case, be in writing under the hand of the Registrar-General, specifying either— i: the name of the person appointed; or ii: an office whose holder for the time being is to hold the appointment; and c: specify whether the person appointed, or the office holder, is to exercise and perform all or some of the powers, functions, and duties of a Registrar under this Act or any other Act under which Registrars exercise functions 1951 No 22 s 4(1), (2) 1982 No 61 s 2(1) Section 81(1) amended 24 January 2009 section 31(1) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 81(2)(a) amended 7 August 2020 section 135 Public Service Act 2020 Section 81(2)(c) amended 24 January 2009 section 31(2) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 11: Powers of inquiry and correction and updating of records Part 11 heading substituted 24 January 2009 section 32 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 82: Registrar-General's powers of inquiry in relation to registrable events 1: The Registrar-General may, if he or she considers it reasonably necessary for the purposes of this Act, make inquiries— a: to determine whether a registrable event has occurred; or b: to collect details of a registrable event; or c: to ensure that there is a correct record of a registrable event. 2: The Registrar-General may also require a person who provides information under this section to make a statutory declaration on a form provided by the Registrar-General for the purpose or to provide other evidence in support of the information provided. 3: The Registrar-General may delegate his or her powers under this section to 1 or more Registrars. 4: In this section, registrable event Section 82 substituted 24 January 2009 section 33 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 82 heading amended 16 December 2017 section 8 Electronic Interactions Reform Act 2017 82A: Registrar-General’s powers of inquiry in relation to information provided or verified electronically 1: The Registrar-General may, if he or she considers it reasonably necessary for the purposes of this Act, the Marriage Act 1955 Civil Union Act 2004 a: any information verified electronically under section 21A section 11 Schedule 1 section 9 10 23 32B 42 b: an application, statement, or certificate approved electronically under clause 1 section 9 10 32B 2: The Registrar-General may also require a person who verifies a statement electronically under section 21A(2)(c)(i) 3: The Registrar-General may also require a person who verifies information electronically under clause 1 section 9 10 32B 4: The Registrar-General may also require a person who verifies information electronically under section 11 section 23 42 5: The Registrar-General may delegate his or her powers under this section to 1 or more Registrars. Section 82A inserted 16 December 2017 section 9 Electronic Interactions Reform Act 2017 83: Registrars must decline to record certain information 1: If a Registrar is satisfied (on reasonable grounds) after making any inquiries under section 82 2: This section overrides anything in this Act to the contrary and is in addition to the powers of the Registrar-General under sections 24(2), 24(3)(b) 25(b) 31 Section 83 substituted 24 January 2009 section 33 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 83(2) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 84: Correction of errors 1: If a Registrar is satisfied, after making any inquiries under section 82 2: If the Registrar-General is satisfied, after making any inquiries under section 82 a: recorded under this Act or a former Act is incorrect, he or she must cause it to be removed and (if the Registrar-General is satisfied that relevant information in the Registrar-General's possession is correct) cause the correct information to be substituted; or b: in the Registrar-General's possession and not recorded under this Act or a former Act is correct and should have been recorded, he or she must cause the information to be recorded. Section 84 substituted 24 January 2009 section 33 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 84A: Amendments to birth registrations to include details of parents under Part 2 of Status of Children Act 1969 1: The Registrar-General must amend a person's birth information in accordance with subsection (2) if the Registrar-General is satisfied, after making any inquiries under section 82 a: the person was conceived as a result of an AHR procedure to which Part 2 b: the person's birth information does not include information about a parent of the person as determined under that Act, or includes information about a person purporting to be a parent but who is not a parent in terms of that Act. 2: The Registrar-General must amend the birth information by adding or deleting (or both) information described in subsection (1)(b). 3: In this section, AHR procedure section 15 Section 84A inserted 24 January 2009 section 33 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 85: Family Court may consider proposed corrections in cases of difficulty or dispute 1: The Registrar-General, if uncertain as to any matter in respect of which the Registrar-General is required to be satisfied for the purposes of section 84 or 84A the office of the Family Court 2: Any person who wishes the Registrar-General to act under section 84 or 84A the office of the Family Court 3: The Family Court at the office where section 84 or 84A a: giving every person whom the court considers to have an interest in the matter an opportunity to be heard; and b: receiving any evidence the court thinks fit,— determine whether or not the Registrar-General should act under that section. Section 85(1) amended 1 March 2017 section 261 District Court Act 2016 Section 85(1) amended 24 January 2009 section 34(1) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 85(2) amended 1 March 2017 section 261 District Court Act 2016 Section 85(2) amended 24 January 2009 section 34(2) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 85(3) amended 1 March 2017 section 261 District Court Act 2016 Section 85(3) amended 24 January 2009 section 34(3) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 85A: Health information may be used to correct records 1: The chief executive of the department for the time being responsible for administering the Pae Ora (Healthy Futures) Act 2022 a: advise the Registrar-General of an apparent omission or error if he or she believes on reasonable grounds that a person's birth or death has not been registered under this Act or has been registered incorrectly; and b: provide to the Registrar-General sufficient information to allow the error or omission to be corrected. 2: The Registrar-General may correct birth information or death information in accordance with information provided under this section. Section 85A inserted 24 January 2009 section 35 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 85A(1) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 85B: Information recorded under Act may be used to update information kept under Human Assisted Reproductive Technology Act 2004 1: The Registrar-General may use registered information to update HART information. 2: However, the Registrar-General may do so only if he or she is satisfied that the registered information relates to a donor, donor offspring, or donor offspring's guardian, about whom HART information is kept. 3: In this section,— donor donor offspring guardian Human Assisted Reproductive Technology Act 2004 HART information Part 3 registered information Section 85B inserted 24 January 2009 section 35 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 11A: Miscellaneous provisions Part 11A heading added 24 January 2009 section 36 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 86: Entries relating to illegitimate children All entries in any register made pursuant to section 25 of the Births and Deaths Registration Act 1924 1951 No 22 s 40 87: Statutory declarations The Registrar-General and every Registrar shall, in respect of any statutory declaration made for the purposes of this Act , the Marriage Act 1955 Civil Union Act 2004 section 9 1951 No 22 s 44 Section 87 amended 26 April 2005 section 46 Civil Union Act 2004 87A: Provision of information to Statistics New Zealand This Act does not limit the provision of information under the Data and Statistics Act 2022 Section 87A inserted 24 January 2009 section 37 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 87A amended 1 September 2022 section 107(1) Data and Statistics Act 2022 87AB: Access to information for purposes of Identity Information Confirmation Act 2012 Nothing in this Act limits access to information that is recorded under this Act if the access is for the purposes of, and in accordance with, the Identity Information Confirmation Act 2012 Section 87AB inserted 19 December 2012 section 22 Identity Information Confirmation Act 2012 87B: Registrar-General may issue standard forms 1: The Registrar-General may issue forms (including electronic forms) 2: Information required by the forms must be prescribed by regulations and may include information prescribed to be contained in certificates under this Act. Section 87B inserted 24 January 2009 section 37 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 87B(1) amended 16 December 2017 section 10 Electronic Interactions Reform Act 2017 88: Regulations 1: The Governor-General may, by Order in Council, make regulations— a: prescribing fees to be paid for the purposes of this Act: ab: specifying the grounds on which a request for a non-disclosure direction may be made to the Registrar-General under section 75A(2)(b) ac: specifying the grounds on which a request for the reinstatement of a non-disclosure direction may be made to the Registrar-General under section 75B(4)(b) ad: prescribing the period referred to in section 75B(3)(a) section 75A(2)(b) ae: prescribing, for the purposes of section 21A(2)(c)(i) i: when and how the information must be verified: ii: what evidence must be provided to verify the information: iii: requirements with which evidence must comply: b: providing for any other matters contemplated by or necessary for giving full effect to this Act and for its due administration. 2: Regulations made under subsection (1) may require the giving and collection of information for the purpose of statistics, including matters to be notified, matters to be registered, or both. 3: Regulations under this section are secondary legislation ( see Part 3 1951 No 22 s 45 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 88(1)(ab) inserted 24 January 2009 section 38 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 88(1)(ac) inserted 24 January 2009 section 38 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 88(1)(ad) inserted 24 January 2009 section 38 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 88(1)(ae) inserted 16 December 2017 section 11 Electronic Interactions Reform Act 2017 Section 88(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 89: Offences and penalties 1: Every person commits an offence who— a: makes or causes to be made, for the purpose of the recording of any information under this Act, any statement that is, and is known by that person to be, false in relation to any particular matter required to be notified or recorded under this Act: b: being a person (other than a Registrar) with control of or access to a device on which registered information is stored electronically, knowingly and without the consent of a Registrar— i: deletes or alters any information stored on the device; or ii: allows any information stored on the device to be deleted or altered; or iii: stores any information (whether correct or incorrect) on the device; or iv: allows any information (whether correct or incorrect) to be stored on the device,— (whether directly or by alteration of or damage to the device, its programming, any other device, the programming of any other device, or any electronic storage medium): c: being a Registrar, knowingly— i: deletes or alters any registered information stored electronically on any device; or ii: allows any registered information stored electronically on any device to be deleted or altered; or iii: stores any information (whether correct or incorrect) on a device on which registered information is stored electronically by or on behalf of the Registrar-General; or iv: allows any information (whether correct or incorrect) to be stored on a device on which registered information is stored electronically by or on behalf of the Registrar-General,— otherwise than in accordance with this Act (whether directly or by alteration of or damage to the device, its programming, any other device, the programming of any other device, or any electronic storage medium): d: acts in contravention of or fails to comply with any provision of this Act (not being a provision requiring the person to give any notice or information): e: having had the relevant provision of this Act drawn to the person's attention, fails or refuses to give any information required by this Act to be given: f: being a Registrar,— i: negligently loses or damages a document containing information recorded under this Act or a former Act, or any part of such a document; or ii: negligently allows it to be damaged; or iii: negligently does any act referred to in paragraph (c): g: makes a written or oral statement, knowing that it is false or being reckless as to whether it is false, for the purpose of obtaining a source document, or a copy of a source document, or information recorded under this Act: h: for a purpose contemplated by this Act, provides any means of identification knowing that it is false or having reason to suspect that it has been forged or falsified: i: for the purpose of applying for registration of a name change under section 21A 2: Every person who commits an offence against subsection (1)(a) or subsection (1)(b) or subsection (1)(c) shall be liable on conviction 2A: A person who commits an offence against subsection (1)(g) or (h) is liable, on 2B: A person who commits an offence against subsection (1)(i) is liable, on conviction, to a term of imprisonment not exceeding 3 years. 3: A person who commits any other offence against this Act is liable, on a: $50,000 for a contravention of or failure to comply with section 78F(7) 78I b: $10,000 for a contravention of or failure to comply with section 42 c: $1,000 for— i: a contravention of or failure to comply with a provision of this Act other than section 42 78F(7) 78I ii: an offence against any of subsection (1)(d) to (f). 4: Nothing in this section derogates from section 150 Section 89(1)(g) added 24 January 2009 section 39(1) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 89(1)(h) added 24 January 2009 section 39(1) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 89(1)(i) inserted 16 December 2017 section 12(1) Electronic Interactions Reform Act 2017 Section 89(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 89(2) amended 24 January 2009 section 39(2) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 89(2A) inserted 24 January 2009 section 39(3) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 89(2A) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 89(2B) inserted 16 December 2017 section 12(2) Electronic Interactions Reform Act 2017 Section 89(3) substituted 24 January 2009 section 39(3) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 89(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 89A: Electronic transactions 1: Any transaction under this Act may be conducted by electronic means, subject to the approval of the Registrar-General and any conditions that the Registrar-General thinks fit. 2: If allowing a transaction to be conducted electronically, the Registrar-General may dispense with a requirement that a signature be provided. 2A: A requirement for a court or its Registrar to give notice (in the case of section 23 section 59 60 62E 62F 2B: To avoid doubt,— a: the Ministry of Justice satisfies the requirements of subsection (2A) by providing the information required in the notice or certificate (as the case may be), and is not required to provide the actual notice or certificate (whether by electronic means or otherwise): b: the obligation for a court or its Registrar to give the notice or certificate referred to in subsection (2A) ceases only when the Ministry of Justice has provided the information in accordance with that subsection. 3: In this section, transaction section 209 Section 89A inserted 24 January 2009 section 40 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 89A(2A) inserted 5 December 2013 section 4 Births, Deaths, Marriages, and Relationships Registration Amendment Act (No 2) 2013 Section 89A(2B) inserted 5 December 2013 section 4 Births, Deaths, Marriages, and Relationships Registration Amendment Act (No 2) 2013 Section 89A(3) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017 90: No prosecution without authority of Registrar-General No prosecution for an offence against this Act shall be commenced without the authority of the Registrar-General. 1951 No 22 s 49 91: Fees 1: If empowered by this Act or any other Act to do any act for which a fee is payable, the Registrar-General or a Registrar may refuse to do the act until the fee is paid. 2: Notwithstanding anything in this Act, the Registrar-General (or to the extent that a Registrar is authorised by the Registrar-General to do so, the Registrar) may— a: dispense with the payment of all or any part of any fee payable under this Act; or b: refund all or any part of any fee paid under this Act. 3: Despite anything in this Act, a fee is not payable, within 10 years after the death of a person, for any of the following in respect of information about that person recorded under section 50 a: permitting the inspection of a document containing the information: b: providing access to, or a copy of, a document containing the information: c: providing a print-out of the information. 1951 No 22 ss 36(5), 50 Section 91(3) substituted 24 January 2009 section 41 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 91A: No liability for costs incurred in supplying information To avoid doubt, the Crown is not liable for the costs incurred by a person in supplying information required by this Act. Section 91A inserted 24 January 2009 section 42 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 91B: Protection for supply of information No civil or criminal proceedings may be brought against the Crown, a Registrar, or any other person for the disclosure or supply of information in the course of the exercise or performance or intended exercise or performance of any powers, functions, or duties under this Act, unless it is shown that the information was disclosed or supplied in bad faith. Section 91B inserted 24 January 2009 section 42 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Amendments to Marriage Act 1955 92: Interpretation Amendment(s) incorporated in the Act(s) 93: Issue of marriage licence and information return Amendment(s) incorporated in the Act(s) 94: Validity of service marriages Amendment(s) incorporated in the Act(s) Consequential amendments and repeals 95: Consequential amendments The enactments specified in Schedule 1 96: Repeals The enactments specified in Schedule 2

DLM371207

1995

District Courts Amendment Act 1995

1: Short Title and commencement 1: This Act may be cited as the District Courts Amendment Act 1995, and shall be read together with and deemed part of the District Courts Act 1947 2: This Act shall come into force on a date to be appointed by the Governor-General by Order in Council. 2: Extent of jurisdiction under Part 2A of this Act 1: This subsection inserted s 28A(1)(f) to (h) 2: This subsection amended s 28A(2) 3: Every determination or order of a District Court— a: Made on or after the 1st day of October 1991 but before the commencement of this section; and b: Made in respect of an offence referred to in any of paragraphs (f) (g) (h) subsection (1) shall be as valid and effectual as it would have been if subsection (1) 3: 4: 5: 6:

DLM371029

1995

Finance Act (No 2) 1995

1: Short Title This Act may be cited as the Finance Act (No 2) 1995. 1: Amendments to Customs Act 1966 2: Part to be read with Customs Act 1966 This Part of this Act and Schedule 1 Customs Act 1966 3: Schedule 3 amended 1: Schedule 3 to the principal Act section 4(1) of the Customs Amendment Act 1989 4: The term KTC 2: The principal Act is hereby amended by repealing so much of Schedule 3 section 4(1) of the Customs Amendment Act 1989 Schedule 1 3: The Excise Duty (Tobacco Products Indexation) Amendment Order (No 2) 1995 (SR 1995/264) 2: Amendments to Tariff Act 1988 4: Part to be read with Tariff Act 1988 This Part of this Act and Schedule 2 Tariff Act 1988 5: Tariff amended 1: Schedule 1 to the principal Act kPa KTC kilogram(s) of tobacco content. 2: Schedule 1 to the principal Act Schedule 2 3: The Tariff (Tobacco Products Indexation) Amendment Order (No 2) 1995 (SR 1995/265) 3: Validations in relation to certain health sector bodies 6: Validation of appointments to Clinical Dental Technicians Disciplinary Tribunal and Dental Technicians Disciplinary Tribunal 1: In this section,— the Act Dental Act 1988 Clinical Dental Technicians Disciplinary Tribunal section 47(1) of the Act Dental Technicians Disciplinary Tribunal section 48(1) of the Act relevant period specified person a: Judith Margaret Waters, of Christchurch, investment consultant: b: Brent Maxwell Smallbone, of Wellington, Disputes Tribunal Referee and trainer: tribunal a: the Clinical Dental Technicians Disciplinary Tribunal: b: the Dental Technicians Disciplinary Tribunal. 2: Notwithstanding that the specified persons were not appointed as members of each Tribunal in accordance with the Act for the relevant period, the specified persons are hereby deemed to have been on the 15th day of October 1992 lawfully appointed— a: under section 47(1)(b) of the Act b: under section 48(1)(b) of the Act for a term beginning on that day and ending with the expiry of the relevant period. 3: The validity of— a: every purported meeting of a Tribunal held during the relevant period; and b: every action and decision of a Tribunal taken during the relevant period— shall be determined having regard to subsection (2) of this section. 7: Validation of proceedings of Nursing Council and other bodies 1: In this section,— the Act Nurses Act 1977 committee section 13 of the Act council section 3 of the Act Gillian Grew Pamela Messervy Preliminary Proceedings Committee relevant period 2: Notwithstanding that Gillian Grew was not appointed as a member of the Council in accordance with the Act for the relevant period, Gillian Grew is hereby deemed to have been on the 1st day of July 1993 lawfully appointed under section 4(1)(a) of the Act 3: The Act shall apply as if, during the relevant period,— a: the Act had contained a provision— i: providing for the Director-General of Health to authorise a nurse employed in the Ministry of Health to attend any meeting of the Council in place of the person holding office as a member of the Council under section 4(1)(a) of the Act ii: providing that while any person was attending any meeting of the Council pursuant to that provision, that person was deemed for all purposes to be a member of the Council; and iii: providing that the fact that any person was so attending any such meeting was sufficient evidence of that person's authority so to do in the absence of proof to the contrary; and b: Pamela Messervy had been authorised, pursuant to that provision, to attend meetings of the Council in place of Gillian Grew. 4: Notwithstanding that Pamela Messervy was not appointed, in accordance with the Act, as a member of the Council or the Preliminary Proceedings Committee for the relevant period, Pamela Messervy is hereby deemed, in respect of every meeting of the Preliminary Proceedings Committee attended by her during the relevant period, to have been on the 1st day of July 1993 lawfully appointed— a: under section 4(1)(a) of the Act b: under section 12(2) of the Act for a term beginning on that day and ending with the expiry of the relevant period. 5: The validity of— a: every purported meeting of— i: the Council: ii: the Preliminary Proceedings Committee: iii: a committee— held during the relevant period; and b: every action and decision of— i: the Council: ii: the Preliminary Proceedings Committee: iii: a committee— taken during the relevant period; and c: every action and decision of the chairman or deputy chairman of the Council taken pursuant to section 5(6) of the Act d: every action and decision of the convenor of the Preliminary Proceedings Committee taken during the relevant period— shall be determined having regard to subsections (2) to (4) of this section. 4: Amendment to Maritime Transport Act 1994 8: Part to be read with Maritime Transport Act 1994 This Part of this Act shall be read together with and deemed part of the Maritime Transport Act 1994 9: Regulations, etc, deemed made under this Act Section 204(2) maritime rule or regulation

DLM368508

1995

Transport Amendment Act 1995

1: Short Title and commencement 1: This Act may be cited as the Transport Amendment Act 1995, and shall be read together with and deemed part of the Transport Act 1962 principal Act 2: This Act shall come into force on the day on which it receives the Royal assent. 2: 3: 4: 5: 6: 7: 8: 9: 10: 11: 12: Abolition of Road Traffic Safety Research Council 1: The Road Traffic Safety Research Council continued by section 91 2: Part 7 sections 91 to 94 section 3 Ministry of Transport Act Repeal Act 1990 13: 14: Transitional provisions 1: The obligations of the Road Safety Research Council that had effect immediately before the date of commencement of this Act are hereby vested in the Authority, and the Authority shall have such functions and powers as are necessary to discharge those obligations. 2: All money held in the name of or to the benefit of the said Council is hereby transferred to the Authority, and the Authority shall have all the powers of the Council in respect of that money. 3: The Authority shall use all the money transferred to it under subsection (2)

DLM366893

1995

Bills of Exchange Amendment Act 1995

1: Short Title and commencement This Act may be cited as the Bills of Exchange Amendment Act 1995, and shall be read together with and deemed part of the Bills of Exchange Act 1908 2: Amendments to Cheques Act 1960

DLM368552

1995

Fisheries Amendment Act 1995

1: Short Title and commencement 1: This Act may be cited as the Fisheries Amendment Act 1995, and shall be read together with and deemed part of the Fisheries Act 1983 2: Except as provided in sections 8(3) 9(3) 2: This section amended s 2(1) 3: This section inserted ss 28BB to 28BD 4: This section amended s 28V 5: This section inserted ss 107EH 6: This section inserted schedule 1DA 7: Scallops to be subject to Part 2A 1: Every quota held under Part 2B Part 2A 2: Annual allowable catch under Part 2B Part 2A 3: Every reference in any enactment or document to annual allowable catch for scallops shall hereafter be read as a reference to total allowable commercial catch. 4: Notwithstanding anything in section 28OB southern scallops, northland scallops, and Nelson-Marlborough dredge oysters to which any relevant Subsection (4) amended 1 October 1996 section 316(1) Fisheries Act 1996 by substituting the words southern scallops, northland scallops, and Nelson-Marlborough dredge oysters to which any relevant scallops to which any 8: Further amendments to principal Act and regulations 1: The principal Act is hereby amended in the manner indicated in Schedule 2 2: The regulations and notices specified in Schedule 3 3: The amendments made to sections 20F(1) and 28OJ(1) 4: The regulations and notices referred to in Schedule 3 9: Repeals and revocations 1: Part 1 sections 28AB 28ZH 28ZI 28ZJ 28ZK 28ZL 28ZP 28ZQ 28ZR 28ZS 28ZT 28ZU 28ZV 28ZW 28ZX 28ZY 28ZZ 28ZZA 28ZZC 2: Clause 4 Part D 3: Subsection (2) of this section shall be deemed to have come into force on the 1st day of October 1994. 4: The following enactments are hereby consequentially repealed: a: So much of Schedule 2 sections 6 7 8 10A 11 b: Sections 5, 6, and 7 of the Fisheries Amendment Act 1986: c: So much of Schedule 8 sections 6 10 10B d: Section 10(2) e: Section 3 of the Fisheries Amendment Act 1993: f: So much of the Schedule sections 28ZP 28ZQ 28ZU 28ZV 5: The following orders are hereby revoked: a: The Fisheries Amendment Act (Transitional Levies) Order 1995: b: The Fisheries Amendment Act (Transitional Levies) Order (No 2) 1995. 10: Expiry of section 28ZZG of principal Act Section 28ZZG section 13 11: Validation of non-registration of paua trades 1: The refusal or failure by the responsible chief executive, at any time during the period commencing on the 16th day of September 1995 and ending with the close of the 30th day of September 1995, to register any transfer or lease of any individual transferable quota for paua is hereby declared to be, and always to have been, lawful. 2: Notwithstanding anything in the principal Act or any other enactment or rule of law, every transfer or lease of any individual transferable quota for paua in the area known as PAU 5 that was entered into or commences during the period commencing on the 16th day of September 1995 and ending with the close of the 30th day of September 1995 is hereby declared to have, and always to have had, no effect. 12: Compensation not available for effects of subdivision, etc, of paua quota management area, etc Nothing effected by or under sections 28BB to 28BD section 3 a: Shall be regarded as placing the Crown or any other person in breach of, or default under, any contract or other arrangement relating to quota, or as otherwise making them guilty of a civil wrong: b: Subject to section 11(2) c: Shall be regarded as making the Crown or any other person liable for damages or compensation, whether arising directly or indirectly from anything effected by or under this Act. 13: References to PAU 5 substituted 1: Every reference in any enactment or document to any waters within the quota management area known as PAU 5 — South-East/Southland (Otago and Southland Coast) and defined, immediately before the commencement of this Act, in Schedule 2 2: Every reference in any enactment or document to the fishstock identified by the code PAU 5 and having effect immediately before the commencement of this Act shall hereafter be read as a reference to the corresponding fishstock identified by the code PAU 5A or PAU 5B or PAU 5D, as the case may require.

DLM372855

1995

Crimes Amendment Act (No 3) 1995

1: Short Title and commencement 1: This Act may be cited as the Crimes Amendment Act (No 3) 1995, and shall be read together with and deemed part of the Crimes Act 1961 2: This Act shall come into force on a date to be appointed by the Governor-General by Order in Council. 2: Rules as to granting bail 1: This subsection amended s 319(2) 2: This subsection inserted s 319(6)

DLM366884

1995

Banking Act Repeal Act 1995

1: Short Title This Act may be cited as the Banking Act Repeal Act 1995. 2: Banking Act 1982 1: The Banking Act 1982 2: Any reference in any other enactment, regulation, order, notice, or instrument to a bank (within the meaning of the Banking Act 1982 3: The repeal of the Banking Act 1982 Public Finance Act 1977 section 13 of that Act 4: The enactments specified in the Schedule to this Act are hereby amended in the manner indicated in that Schedule.

DLM371226

1995

Crimes Amendment Act (No 2) 1995

1: Short Title and commencement 1: This Act may be cited as the Crimes Amendment Act (No 2) 1995, and shall be read together with and deemed part of the Crimes Act 1961 2: This Act shall come into force on a date to be appointed by the Governor-General by Order in Council. 2: 3: New sections substituted This section inserted sections 345A to 345D s 346 4: Further amendments to principal Act and amendments to other enactments 1: This subsection amended sections 258(2)(b) 321(4) 322 325(1) 326(1) 335 336 340(5) 345 347 348 350 353 361(1) 361B(1) 361C(2)(a) 378 379A(1) 411(3) 2 2: This subsection amended, s 28D(1) District Courts Act 1947 s 168C Summary Proceedings Act 1957 3: This subsection amended the heading immediately above section 345 5: Savings provision relating to indictments Nothing in section 3 6: Transitional and savings provisions relating to power of District Court to order trial by Trial Judge alone 1: Nothing effected by section 4 section 28D(1) District Courts Act 1947 section 168C Summary Proceedings Act 1957 section 361B(1) 361C(2)(a) Crimes Act 1961 2: Where the accused has been committed for trial before the date of commencement of section 4 section 361B(1) Crimes Act 1961 section 4 date on which he is so committed commencement of section 4 of the Crimes Amendment Act (No 2) 1995

DLM370803

1995

Electoral Amendment Act (No 2) 1995

1: Short Title and commencement 1: This Act may be cited as the Electoral Amendment Act (No 2) 1995, and shall be read together with and deemed part of the Electoral Act 1993 2: Except as provided in sections 8(2) 9(2) 11(2) 51(3) 80 2: 3: 4: 5: 6: 7: 8: 9: 10: 11: 12: 13: 14: 15: Application for registration 1: 2: Section 63(2) d: Shall be accompanied by a declaration made by the Secretary of the party in the manner provided by section 9 of the Oaths and Declarations Act 1957 i: State whether the party is a party in respect of which there are one or more component parties; and ii: Where the party has one or more component parties, state the name of each component party. 3: This subsection inserted s 63(4) 4: Where a political party has obtained registration under Part 4 section 63 section 63(2)(d) subsection (2) section 63(2)(d) 5: Where the Secretary of a political party fails to comply with subsection (4) a: Cancel the registration of that party; and b: As soon as reasonably practicable, give written notice of the cancellation to the Secretary of the political party; and c: Cause notice of the cancellation to be published in the Gazette 16: 17: 18: 19: 20: 21: 22: 23: 24: 25: 26: 27: 28: 29: 30: 31: 32: 33: 34: 35: 36: 37: 38: 39: 40: 41: 42: 43: 44: 45: 46: 47: 48: 49: 50: 51: 52: 53: 54: 55: 56: 57: 58: 59: 60: 61: 62: 63: 64: 65: 66: 67: 68: 69: 70: 71: 72: 73: 74: 75: 76: 77: 78: 79: New sections inserted The principal Act is hereby amended by inserting, after section 214A section 38 Political parties' election expenses 214B: Maximum amount of parties' election expenses 1: Subject to this section, in this Act,— Election activity Part IV of this Act a: Which is carried out by the party or with the party's authority; and b: Which comprises— i: Advertising of any kind; or ii: Radio or television broadcasting; or iii: Publishing, issuing, distributing, or displaying addresses, notices, posters, pamphlets, handbills, billboards, and cards; and c: Which— i: Encourages or persuades or appears to encourage or persuade voters to vote for the party; or ii: Encourages or persuades or appears to encourage or persuade voters not to vote for any other party registered under Part IV of this Act iii: Both; and d: Which takes place within the 3 months immediately preceding polling day: Election expenses Part IV of this Act a: Means expenses that are incurred by or on behalf of the party in respect of any election activity; and b: Includes expenses that are incurred by or on behalf of the party, before or after the 3 months immediately preceding polling day, in respect of any election activity; and c: Includes the reasonable market value of any materials applied in respect of any election activity which are given to the party or which are provided to the party free of charge or below reasonable market value; and d: Includes the cost of any printing or postage in respect of any election activity, whether or not the expenses in respect of the printing or postage are incurred by or on behalf of the party; but e: Does not include the labour of any person which is provided to the party free of charge by that person; and f: Does not include expenditure relating exclusively to the election expenses of any of that party's individual constituency candidates under section 213 of this Act g: Does not include allocations of time and money made to political parties by the body responsible for such allocations under the Broadcasting Act 1989 2: In the case of a general election, the total election expenses of a party that is registered under Part IV of this Act a: If the party is listed in the part of the ballot paper that relates to the party vote, exceed $1,000,000 plus $20,000 for each constituency contested by a candidate for that party (which sum shall be inclusive of goods and services tax); and b: If the party is not listed in the part of the ballot paper that relates to the party vote, exceed $20,000 for each constituency contested by a candidate for that party (which sum shall be inclusive of goods and services tax). 3: Every person who directly or indirectly pays or knowingly aids or abets any person in paying for or on account of any election expenses any sum in excess of the maximum amount prescribed by this section is,— a: If the act is done with knowledge that the payment is in excess of the maximum amount prescribed by this section, guilty of a corrupt practice; and b: In any other case, guilty of an illegal practice unless the person proves that he or she took all reasonable steps to ensure that the election expenses did not exceed the maximum amount prescribed by this section. 214C: Return of election expenses 1: Within 70 days after the day on which the result of an election of candidates whose names appear on the party lists is declared by the Chief Electoral Officer in accordance with section 193(5) of this Act Part IV of this Act section 214E of this Act 2: Every Secretary of a political party registered under Part IV of this Act subsection (1) of this section 3: Every Secretary of a political party registered under Part IV of this Act subsection (1) of this section a: Is, if the Secretary forwards the return knowing that the return is false in any material particular, guilty of a corrupt practice and is liable on conviction on indictment to imprisonment for a term not exceeding one year or to a fine not exceeding $20,000, or to both; and b: Is, in any other case, guilty of an illegal practice and is liable on conviction on indictment to a fine not exceeding $20,000, unless the Secretary proves— i: That he or she had no intention to mis-state or conceal the facts; and ii: That he or she took all reasonable steps in the circumstances to ensure that the information in the return was accurate. 4: Every person charged with an offence against subsection (3)(a) of this section subsection (3)(b) of this section 5: It shall be the duty of the Electoral Commission to see that the provisions of this section are complied with. 6: Where the Electoral Commission believes that any person has committed an offence against subsection (2) or subsection (3) of this section 214D: Appointment of auditors 1: Every party registered under Part IV of this Act 2: None of the following persons may be appointed or act as an auditor under subsection (1) of this section a: An employee or partner of a candidate: b: An officer or employee of a political party: c: A body corporate: d: A person who, by virtue of section 199(1) of the Companies Act 1993 e: A Returning Officer or Deputy Returning Officer: f: A candidate or agent of a candidate. 3: Where an auditor appointed by a party pursuant to subsection (1) of this section subsection (2) of this section 214E: Auditor's report 1: Every Secretary of a political party registered under Part IV of this Act section 214C(1) of this Act section 214D of this Act 2: The auditor shall state in the report whether or not, in the auditor's opinion, the return fairly reflects the election expenses of the party. 3: The auditor shall make such examinations as the auditor considers necessary. 4: The auditor shall specify in the report any case in which— a: The return does not, in the auditor's opinion, fairly reflect the election expenses of the party: b: The auditor has not received from the party or the Secretary of the party all the information that the auditor requires to carry out his or her duties: c: Proper records of the party's election expenses have not, in the auditor's opinion, been kept by the party or the Secretary of the party. 5: The auditor— a: Shall have access at all reasonable times to all records, documents, and accounts which relate to the party's election expenses and which are held by the party or the Secretary of the party; and b: May require the party or the Secretary of the party to provide such information and explanations as, in the auditor's opinion, may be necessary to enable the auditor to prepare the report. Disclosure of donations to political parties 214F: Interpretation In sections 214G to 214L of this Act Electorate donation Part IV of this Act a: Means a donation (whether of money or of the equivalent of money or of goods or services or of a combination of those things)— i: Which is received on behalf of the party by any person or body of persons involved in the administration of the affairs of the party within an electorate; and ii: Which, either on its own or when aggregated with all other such donations made in the same year by the same person within the same electorate, exceeds $1,000 in sum or value (which sum shall be inclusive of goods and services tax); and b: Includes, where goods or services are provided to the party under a contract at 90 percent or less of their reasonable market value, the amount of the difference between the contractual price of the goods or services and the reasonable market value of those goods or services; but c: Does not include the labour of any person which is provided to the party free of charge by that person; and d: Does not include any election donation that is included in a return made by a constituency candidate under section 210 of this Act National donation Part IV of this Act a: Means a donation (whether of money or of the equivalent of money or of goods or services or of a combination of those things)— i: Which is received by or on behalf of the party by any person or body of persons involved in the administration of the affairs of the party over more than one electorate; and ii: Which, either on its own or when aggregated with all other such donations made in the same year by the same person exceeds $1,000 in sum or value (which sum shall be inclusive of goods and services tax); and b: Includes, where goods or services are provided to the party under a contract at 90 percent or less of their reasonable market value, the amount of the difference between the contractual price of the goods or services and the reasonable market value of those goods or services; but c: Does not include the labour of any person which is provided to the party free of charge by that person; and d: Does not include any election donation that is included in a return made by a constituency candidate under section 210 of this Act Year 214G: Appointment of electorate agent 1: Every Secretary of a party registered under Part IV of this Act a: Appoint for each electorate in which persons are engaged in the administration of the affairs of the party within that electorate, an electorate agent, who shall be the person responsible for providing a return and a declaration in accordance with section 214H(1) of this Act b: Supply the Electoral Commission with the name and residential address of every person appointed under paragraph (a) of this subsection 2: Where an electorate agent appointed under subsection (1)(a) of this section a: Appoint another electorate agent forthwith; and b: Supply the Electoral Commission with the name and residential address of every person appointed under paragraph (a) of this subsection 214H: Return of electorate donations 1: Every electorate agent appointed under section 214G(1)(a) of this Act a: A return (which shall be on a form provided by the Electoral Commission) setting out— i: The name and address of each person who made an electorate donation in the year ending with the immediately preceding 31st day of December and the amount of each such donation; and ii: The amount of each anonymous electorate donation made in the year ending with the immediately preceding 31st day of December (being a donation that, by virtue of paragraph (a)(ii) electorate donation section 214F of this Act b: A declaration in form 17. 2: Every electorate agent commits an offence and is liable on summary conviction to a fine not exceeding $5,000 who fails without reasonable excuse to comply with subsection (1) of this section 3: Every electorate agent who forwards to the Secretary of the political party under subsection (1)(a) of this section a: Commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000, or to both, if the electorate agent forwards the return knowing that the return is false in any material particular; and b: In any other case, commits an offence and is liable on summary conviction to a fine not exceeding $5,000, unless he or she proves— i: That he or she had no intention to mis-state or conceal the facts; and ii: That he or she took all reasonable steps in the circumstances to ensure that the information in the return was accurate. 4: Every person charged with an offence against subsection (3)(a) of this section subsection (3)(b) of this section 5: Notwithstanding anything in subsection (1) of this section Part IV of this Act 214I: Return of national donations 1: Every Secretary of a political party registered under Part IV of this Act a: A return (which shall be on a form provided by the Electoral Commission) setting out— i: The name and address of each person who made a national donation in the year ending with the immediately preceding 31st day of December and the amount of each such donation; and ii: The amount of each anonymous donation made in the year ending with the immediately preceding 31st day of December (being a donation that, by virtue of paragraph (a)(ii) national donation section 214F of this Act b: The auditor's report on the return referred to in paragraph (a) of this subsection section 214J of this Act c: The returns received by the Secretary of the political party under section 214H(1) of this Act 2: Every Secretary of a political party registered under Part IV of this Act who fails, without reasonable excuse, to comply with subsection (1) of this section 3: Every Secretary of a political party registered under Part IV of this Act subsection (1)(a) of this section a: Is, if the Secretary forwards the return knowing that the return is false in any material particular, guilty of a corrupt practice and is liable on conviction on indictment to imprisonment for a term not exceeding one year or to a fine not exceeding $20,000, or to both; and b: Is, in any other case, guilty of an illegal practice and is liable on conviction on indictment to a fine not exceeding $20,000, unless the Secretary proves— i: That he or she had no intention to mis-state or conceal the facts; and ii: That he or she took all reasonable steps in the circumstances to ensure that the information in the return was accurate. 4: Every person charged with an offence against subsection (3)(a) of this section subsection (3)(b) of this section 5: Notwithstanding anything in subsection (1) of this section Part IV of this Act Part IV of this Act 214J: Auditor's report 1: Every Secretary of a political party registered under Part IV of this Act shall, before forwarding to the Electoral Commission, the return required by section 214I(1)(a) of this Act 2: The auditor shall state in the report whether or not, in the auditor's opinion, the return fairly reflects the national donations received by the party. 3: The auditor shall make such examinations as the auditor considers necessary. 4: The auditor shall specify in the report any case in which— a: The return does not, in the auditor's opinion, fairly reflect the national donations received by the party: b: The auditor has not received from the party or the Secretary for the party all the information that the auditor requires to carry out his or her duties: c: Proper records of national donations received by the party have not, in the auditor's opinion, been kept by the party or the Secretary for the party. 5: The auditor— a: Shall have access at all reasonable times to all records, documents, and accounts which relate to the national donations received by the party and which are held by the party or the Secretary of the party; and b: May require the party or the Secretary of the party to provide such information and explanations as, in the auditor's opinion, may be necessary to enable the auditor to prepare the report. 214K: Duties of Electoral Commission 1: It shall be the duty of the Electoral Commission to see that the provisions of sections 214H(1) and 214I(1) of this Act 2: Where the Electoral Commission believes that any person has committed an offence against section 214H(2) or section 214H(3) or section 214I(2) or section 214I(3) of this Act 214L: Inspection of returns and audit reports Members of the public shall be entitled, at any time between 9.00am and 4.00pm, on any day on which the office of the Electoral Commission is open, to inspect without payment— a: Returns and auditors' reports forwarded to the Electoral Commission under section 214C(1) of this Act b: Returns forwarded to the Electoral Commission under section 212(1)(b) of this Act c: Returns forwarded to the Electoral Commission under section 214I(1)(a) of this Act d: Returns forwarded to the Electoral Commission under section 214I(1)(c) of this Act e: Auditors' reports forwarded to the Electoral Commission under section 214I(1)(b) of this Act 80: Commencement of provisions relating to auditors, electorate agents, and donations 1: Sections 214D to 214L section 79 2: Notwithstanding anything in section 214C section 79 section 214C a: As if the words and the auditor's report which has been obtained under section 214E of this Act and which relates to that return subsection (1) b: As if the words and the auditor's report relating to the return subsection (2) 3: Notwithstanding anything in sections 214H 214I a: The return of electorate donations to be made in respect of the year ending on the 31st day of December 1996, by every electorate agent under section 214H(1)(a) b: The return of national donations to be made in respect of the year ending on the 31st day of December 1996, by every party secretary under section 214I(1)(a) 81: 82: 83: 84: 85: 86: 87: 88: 89: 90: 91: 92: 93: 94: 95: 96: 97:

DLM372875

1995

Crown Forest Assets Amendment Act 1995

1: 2: This section inserted the definitions of Drainage works Erosion works s 2(1) 3: This section substituted section 29 s 29A 4: Validation of certain Crown forestry licences 1: For the avoidance of doubt it is hereby declared that every Crown forestry licence granted under section 14 sections 29 29A section 3 2: In every Crown forestry licence granted under section 14 of the principal Act before the commencement of this section, the terms drainage works erosion works section 2(1) section 2 3: This section shall have effect notwithstanding any judgment or determination or order of any Court given before or after the commencement of this section in any proceedings commenced before the commencement of this section.

DLM368074

1995

Transit New Zealand Amendment Act 1995

1: Short Title and commencement 1: This Act may be cited as the Transit New Zealand Amendment Act 1995, and shall be read together with and deemed part of the Transit New Zealand Act 1989 2: Except as provided in subsection (3) 3: Sections 13 to 40 section 37(1) Provisions Coming into Force on Royal Assent 2: This section amended the definition of Traffic Officer 3: Sections 3 to 5 repealed 1 July 1996 18(2)(e) Transit New Zealand Amendment Act 1995 4: Sections 3 to 5 repealed 1 July 1996 18(2)(e) Transit New Zealand Amendment Act 1995 5: Sections 3 to 5 repealed 1 July 1996 18(2)(e) Transit New Zealand Amendment Act 1995 6: This section amended s 51(2) s 51(4) 7: This section inserted s 61(2A) (2B) 8: This section inserted s 61A of the principal Act and repealed s 45(2) to (4) Public Works Act 1981 9: This section repealed s 62(4) to (6) 10: This section amended s 73(k) 11: This section inserted s 91(2) to (6) 12: Saving Without limiting any provision of the Acts Interpretation Act 1924 Transit New Zealand Amendment Act (No 2) 1992 section 34 of the Land Transport Act 1993 Transit New Zealand Amendment Act (No 2) 1992 Provisions Coming into Force on 1 July 1996 13: This section substituted, as from 1 July 1996, s 2 14: This section inserted, as from 1 July 1996, a new Part 1A 15: This section substituted, as from 1 July 1996, s 5 16: Functions of Authority 1: The principal Act is hereby amended by repealing section 6 6: Functions of Authority The functions of the Authority shall be— a: To prepare a State highways programme in accordance with section 42D of this Act b: To make payments from the State Highways Account as authorised by this Act: c: To control the State highway system, including planning, design, supervision, construction, and maintenance, in accordance with this Act: d: To provide the Minister with such information and advice as the Minister may from time to time require: e: To carry out such other land transport functions, and such duties, as the Minister may from time to time prescribe by notice in the Gazette 2: The Land Transport Act 1993 Part 1 of Schedule 2 section 6 17: This section inserted sections 7A to 7E 18: New Parts 2 3 1: The principal Act is hereby amended by repealing Parts 2 3 II: Funding of Capital Projects and Outputs Land Transport Funding 8: Interpretation In this Part of this Act, unless the context otherwise requires, roading revenue a: All excise duty payable under section 100 of this Act b: All fees and charges payable under the Road User Charges Act 1977 c: All fees and charges payable under Part I of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 d: All money receivable by the Crown from the sale of land acquired under the Public Works Act 1981 e: An amount equal to the goods and services tax payable on expenses, costs, and refunds payable under section 10 of this Act f: The proportion of the interest earned, or interest saved, from the investment of public money that relates to roading revenue; and g: Such amounts of public money as Parliament appropriates for the purpose from time to time; and h: All other public money that is required by any enactment to be treated as roading revenue for the purposes of this Act. 9: Payment of roading revenue to Crown Bank Account All roading revenue shall be lodged into the Crown Bank Account. 10: Crown's authority to incur certain land transport expenditure 1: In each year, the Crown shall incur a liability to purchase outputs and to fund capital projects. 2: The liability of the Crown under subsection (1) of this section a: To the relevant collecting body, the negotiated amount for the outputs delivered in that year in— i: Collecting roading revenue; and ii: Administering and enforcing the Road User Charges Act 1977 b: To the relevant collecting body, refunds paid or payable in that year of— i: Road user charges and additional charges in accordance with section 22(2) of the Road User Charges Act 1977 ii: Fuel excise duty in accordance with section 101 of this Act iii: Fees and charges in accordance with Part I of the Transport (Vehicle and Driver Registration and Licensing Act 1986 c: To the Land Transport Safety Authority, the negotiated amount for the outputs delivered in relation to the safety (administration) outputs contained in an approved safety (administration) programme for that year less any revenue received or receivable by that Authority from other sources applicable to outputs in the programme; and d: To the Commissioner, the negotiated amount for the outputs delivered in relation to the safety (administration) outputs contained in an approved safety (administration) programme for that year less any revenue received or receivable by the Commissioner from other sources applicable to outputs in the programme; and e: To Transfund New Zealand, an amount equal to the roading revenue for that year less the amount of the liabilities incurred for that year under paragraphs (a) to (d) of this subsection 3: The liability of the Crown under subsection (1) of this section 11: Payment of roading revenue into Crown Bank Account All roading revenue shall be paid into the Crown Bank Account as soon as practicable after its receipt by the relevant collecting body. 12: Payment of roading revenue from Crown Bank Account There shall be paid from the Crown Bank Account in each year— a: To the relevant collecting body, in such instalments and on such terms and conditions as are from time to time agreed between the Secretary and that collecting body, the negotiated amount for the outputs delivered and the capital expenditure incurred in collecting the roading revenue or in administering and in enforcing the Road User Charges Act 1977 b: To the relevant collecting body, as soon as reasonably practicable after request by that body, any refunds of— i: Road user charges and additional charges under section 22(2) of the Road User Charges Act 1977 ii: Excise duty under section 101 of this Act iii: Fees and charges in accordance with Part I of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 c: To the Land Transport Safety Authority, in such instalments and on such terms and conditions as are from time to time agreed between the Minister of Finance and the Minister of Transport, the negotiated amount for the outputs delivered under the approved safety (administration) programmes for that year (net of revenue received by the Land Transport Safety Authority from other sources applicable to projects in that programme); and d: To the Commissioner, in such instalments and on such terms and conditions as are from time to time agreed between the Minister of Finance and the Minister of Police, the negotiated amount for the outputs delivered under the approved safety (administration) programme for that year (net of revenue received by the Commissioner from other sources applicable to outputs in that programme); and e: To the National Roads Account of the Board, in such instalments and on such terms and conditions as are from time to time agreed between the Minister of Finance and the Minister of Transport, the amount for the outputs delivered and the capital expenditure incurred in the national roading programme for that year. National Roads Account 13: Board to operate National Roads Account 1: The Board shall establish, maintain, and operate an account or accounts with such bank or banks as the Board resolves, and such account or accounts shall collectively be known as the National Roads Account. 2: Each year, in addition to the amount paid into the Account under section 11 of this Act a: All income derived from the investment from time to time of money in the Account, including any gains made on the sale of any investment of money of the Account, and interest or gains on that investment: b: All financial assistance refunded to the Account by a local authority under section 23(3) of this Act c: All receipts relating to the trading revenue of the Board: d: All other money that should lawfully be paid into the Account. 1989 No 75 s 11 14: Management and investment of National Roads Account 1: The Board shall manage the National Roads Account in accordance with the provisions of this Act and shall exercise the care, diligence, and skill that a prudent person of business would exercise in managing the affairs of others. 2: The Board may invest any money held in the Account in accordance with section 25 of the Public Finance Act 1989 1989 No 75 s 12 15: Payments from National Roads Account Payments from the National Roads Account shall be made only by or on behalf of the Board and such payments shall be made only in accordance with the provisions of this Act. 1989 No 75 s 13 16: Payments by Board Each year there shall be payable out of the National Roads Account— a: All costs and expenses of the Board arising out of the performance of its functions and duties and the exercise of its powers under this Act or any other Act: b: All compensation or damages payable by the Board. 1989 No 75 s 17 17: Board may approve outputs and capital projects 1: The Board may approve any output or capital project as qualifying for payments from the National Roads Account if— a: The output or capital project has been evaluated to the satisfaction of the Board in accordance with the relevant provisions of the most recent approved performance agreement; and b: The Board considers that the budgeted expenditure on approved outputs and capital projects included in the national roading programme for the year concerned will not exceed— i: The sum of— A: The roading revenue for that year; and B: Such other money as may be owing to the Board (including any liability of the Crown to the Board under section 10 of this Act ii: The minimum balance of the Account for that year as provided in the performance agreement. 2: In considering whether or not to approve any output or capital project, the Board shall ensure that the granting of such approval will not be inconsistent with any national land transport strategy or any relevant regional land transport strategies. 3: Where the Board decides not to approve under this section an output or capital project contained in a State highways programme, a regional programme, or a district roading programme, the Board shall— a: So advise in writing the Authority or the regional council or territorial authority submitting that programme; and b: Give reasons for its decision. 4: Notwithstanding subsection (1) of this section a: In the urgent interests of public safety; or b: Necessary to effect immediate or temporary repair of damage caused by a sudden and unexpected event. 1989 No 75 s 14 s 4 18: Approved projects to form part of national roading programme 1: Every approved output or capital project, until completed, suspended, or abandoned, shall be incorporated in and form part of the national roading programme. 2: No approved output or capital project shall be suspended or abandoned without the prior written approval of the Board. Payments from National Roads Account to Authority 19: Payments to Authority 1: The Board shall pay to the Authority, out of the National Roads Account, the negotiated amount or the interim payments for the approved outputs and capital projects in accordance with the actual payment profiles of the State Highways Account. 2: The Board shall make such adjustments as it thinks appropriate to the amount to be paid to the Authority under subsection (1) of this section paragraphs (a), (b), and (h) of section 20(3) of this Act 3: Notwithstanding anything to the contrary in this section, whenever the Board is satisfied that the amount of payments requested from the Board in respect of any approved output or capital project in any year is based upon a factor which is incorrect for any reason, the Board may, if it thinks fit, make such adjustments to the amounts to be paid under subsection (1) of this section 4: If any payment received by the Authority under subsection (1) of this section 1989 No 75 s 16 20: Authority to operate State Highways Account 1: The Authority shall establish, maintain, and operate an account or accounts with such bank or banks as the Authority resolves, and such accounts shall be collectively known as the State Highways Account. 2: All money received by the Authority from the National Roads Account shall be paid into the State Highways Account. 3: Each year, in addition to the amount paid into the account under section 19 of this Act a: All income derived from the investment from time to time of money in the State Highways Account, including any gains made on the sale of any investment of money of the Account, and interest or gains on that investment: b: All money received by the Authority for or from its management of Crown lands under section 61(4) of this Act c: All money received by the Authority from the issue of permits under the Heavy Motor Vehicle Regulations 1974 d: All money derived from the provision of advisory and related services: e: All contributions made by developers to outputs and capital projects for which the Authority is responsible: f: All money received by the Authority under an order made by a Court under section 51(3) of this Act g: All money recovered by the Authority under section 55(8) or section 57(4) h: All other money that is required by law to be paid into the Account. 21: Management and investment of State Highways Account 1: The Authority shall manage the State Highways Account in accordance with the provisions of this Act and shall exercise the care, diligence, and skill that a prudent person of business would exercise in managing the affairs of others. 2: The Authority may invest any money held in the Account in accordance with section 25 of the Public Finance Act 1989 22: Payments from State Highways Account Each year there shall be payable out of the State Highways Account— a: All costs and expenses of the Authority arising out of the performance of its functions and duties and the exercise of its powers under this Act or any other Act: b: All compensation or damages payable by the Authority: c: All compensation payable by the Crown under the Public Works Act 1981 Payments from National Roads Account to Local Authorities 23: Payments to local authorities 1: The Board shall pay to a local authority, out of the National Roads Account, the costs or the interim payments for any approved outputs or capital projects for which the local authority is responsible. 2: Notwithstanding anything to the contrary in this section, whenever the Board is satisfied that the amount of the interim payments requested from the Board in respect of any approved output or capital project in any year is based upon a factor which is proved to the satisfaction of the Board to be incorrect for any reason, the Board may, if it thinks fit, make such adjustments to the amount to be paid under subsection (1) of this section 3: If any payment received by a local authority under subsection (1) of this section 24: Local authorities to operate Land Transport Disbursement Accounts 1: All money received by any local authority from the National Roads Account shall be paid into a separate account of the local authority to be known as the Land Transport Disbursement Account, and shall be expended only on approved outputs and capital projects. 2: All expenditure from a Land Transport Disbursement Account shall be recorded in that account in a form that contains such details as are prescribed by the Board from time to time after consultation with the Controller and Auditor-General. Restrictions on Payments from State Highways Account and Land Transport Disbursement Accounts 25: Interpretation 1: In this section, and in sections 26 to 32 of this Act In-house professional services a: Means services carried out by a local authority— i: Using its own staff and assets; and ii: Associated with a local road; and iii: Determined by the Board to be in-house professional services; but b: Does not include minor and ancillary works or services associated with a State highway: Minor and ancillary works a: Means works associated with a local road that are determined by the Board to be minor and ancillary roading works; but b: Does not include in-house professional services or works associated with a State highway: 1996 financial year 1997 financial year 1998 financial year 2: If there is any dispute or difference between a local authority and the Board as to whether any services are in house professional services or whether any works are minor and ancillary works, the question shall be determined by a single arbitrator appointed by the Minister, and the following provisions shall apply: a: No member or employee of the local authority or the Board shall be qualified to be an arbitrator under this subsection: b: The local authority and the Board shall be the parties to the arbitration: c: Sections 13 and 22 of the Arbitration Act 1908 1989 No 75 s 20A(6) s 3 26: Competitive pricing procedure 1: For the purposes of section 27 of this Act 2: In approving a competitive pricing procedure the Board may— a: Specify particular terms and conditions which shall be included in any contract formed under that procedure: b: Specify particular terms and conditions which shall be excluded from any contract formed under that procedure. 3: In exercising its powers under subsection (1) or subsection (2) of this section a: The efficient application of the State Highways Account and Land Transport Disbursement Accounts: b: The safety and other interests of the public in respect of the output or capital project or the class of output or capital project: c: The desirability of encouraging competition in the sector of industry likely to supply goods or services in relation to the output or capital project or the class of output or capital project: d: The undesirability of excluding from competition for the output or capital project or the class of output or capital project any party who might otherwise be willing and able to compete: e: The costs of administration associated with the pricing procedure or of any contract formed under that procedure. 1989 No 75 s 19 27: Expenditure subject to competitive pricing procedure 1: No payment,— a: In respect of any output or capital project carried out by the Authority under this Act, shall be made from the State Highways Account; or b: In respect of any output or capital project, shall be made from the Land Transport Disbursement Account of any local authority,— unless the payment relates to an approved output or capital project, the price of which has been determined by a competitive pricing procedure, and no such payment shall be made to any local authority. 2: Without limiting subsection (1) of this section 3: Without limiting subsection (1) or subsection (2) of this section a: No payment in respect of any output or capital project shall be made from the State Highways Account, or the Land Transport Disbursement Account of a local authority, to any local authority trading enterprise; and b: No payment in respect of a passenger service shall be made by a local authority from any source to a passenger transport company— unless— c: The amount of the payment has been determined by a competitive pricing procedure; and d: The local authority trading enterprise, or the passenger transport company, is a company that has no fewer than 3 directors, of whom— i: Where there are fewer than 6 directors, not more than 1 is a member or employee of any local authority: ii: Where there are 6 or more directors, not more than 2 are members or employees of any local authority; and e: No equity securities or debt securities in the local authority trading enterprise, or the passenger transport company, are held directly or indirectly by any regional council (other than the Chatham Islands County Council or any regional council that is also a district council); and f: The Board is satisfied that— i: The local authority trading enterprise, or the passenger transport company, has been established, and an undertaking of a local authority has been transferred to it, in accordance with the requirements of Part XXXIVA of the Local Government Act 1974 ii: The local authority trading enterprise, or the passenger transport company, is being operated in accordance with the requirements of the Local Government Act 1974 iii: The local authority trading enterprise is being operated in accordance with the requirements of any determination under section 32 of this Act 4: Nothing in subsection (1) or subsection (2) or subsection (3) of this section a: Any approved output of administration; or b: Any special purpose road (within the meaning of section 104 of this Act c: Any registered service of any operator in relation to any 2-month period that follows— i: The withdrawal or proposed withdrawal of that operator from the provision of the service; or ii: The withdrawal of any other operator from the provision of the same or a similar service, or d: Any expenditure that is necessary in the urgent interests of public safety; or e: Any expenditure that is necessary for the immediate or temporary repair of damage caused by a sudden and unexpected event. 5: Nothing in subsection (1) of this section section 32 of this Act 6: In the case of an output referred to in section 3D of this Act 1989 No 75 s 20 s 2 s 2(1) 28: Special provisions relating to in-house professional services 1: Notwithstanding any other provision of this Act,— a: Payments may be made from the Land Transport Disbursement Account of a territorial authority in respect of in-house professional services and such payments may be made to that territorial authority; and b: Nothing in section 27 of this Act 2: After the 30th day of June 1997, no payment in respect of the provision of a territorial authority's in-house professional services shall be made from its Land Transport Disbursement Account unless it has complied with subsection (3) of this section 3: Before performing, by using its own employees and in-house resources, any in-house professional services funded in whole or in part from its Land Transport Disbursement Account, the territorial authority shall give due consideration to the advantages and disadvantages of contracting out those services to any person or organisation. 4: Without limiting subsection (3) of this section a: The benefits of separating the functions of a purchaser and a supplier; and b: The desirability for work to be properly specified and monitored; and c: The desirability of transferring risk and accountability; and d: The cost effectiveness of each option; and e: The benefits of ensuring contestability of services; and f: The availability of resources to undertake the work; and g: Any other matters determined for the purpose by the Board after consultation with the Audit Office and territorial authorities (or any person or organisation representing territorial authorities) and notified by the Board to territorial authorities. 5: If professional services are performed by individuals other than employees of the territorial authority or by persons or organisations other than the authority, such services shall be subject to the competitive pricing procedure for the time being determined for the purpose by the Board. 29: Special provisions relating to minor and ancillary works during 1997 and 1998 1: A local authority may, during the 1997 financial year, make payments from its Land Transport Disbursement Account that are not in accordance with section 27(1) of this Act a: Those payments are in respect of minor and ancillary works; and b: The local authority ensures that during the 1997 financial year it makes payments in respect of minor and ancillary works that— i: Are in accordance with section 27(1) of this Act ii: Total not less than one-third of the total amount of payments made by it in respect of minor and ancillary works from its Land Transport Disbursement Account during the 1996 financial year. 2: A local authority may, during the 1998 financial year, make payments from its Land Transport Disbursement Account that are not in accordance with section 27(1) of this Act a: Those payments are in respect of minor and ancillary works; and b: The local authority ensures that during the 1998 financial year it makes payments in respect of minor and ancillary works that— i: Are in accordance with section 27(1) of this Act ii: Total not less than two-thirds of the total amount of payments made by it in respect of minor and ancillary works from its Land Transport Disbursement Account during the 1997 financial year. 30: Certain payments for minor and ancillary works deemed to comply with section 27 Every payment in respect of minor and ancillary works that has been made by a local authority from its Land Transport Disbursement Account under a legally enforceable written contract— a: Shall, if the contract was signed before the 13th day of May 1994 and the payment was made during the minimum period of the contract (as expressed in the contract at the date of its execution), be deemed for the purposes of sections 27 and 29 of this Act section 27 of this Act b: Shall, if the contract was signed on or after the 13th day of May 1994 but before the commencement of this section, and the payment is made before the 30th day of June 1999, be deemed for the purposes of sections 27 and 29 of this Act section 27 of this Act 31: Information to be provided by local authority in respect of certain payments If a local authority uses in any year its own staff or assets in providing in-house professional services, or performing minor and ancillary works, for which payments are made from its Land Transport Disbursement Account, the local authority shall report on those services and works in accordance with the requirements of any determination under section 32 of this Act sections 223D and 223E of the Local Government Act 1974 32: Determinations by Minister The Minister may from time to time, after consultation with the Board, by notice in writing,— a: Determine the requirements for the operation of local authority trading enterprises to which payments may be made under section 27(3) of this Act b: Determine the requirements for the formation and operation of business units of local authorities to which payments may be made under section 27(5) of this Act c: Determine the requirements for reporting under section 31 of this Act i: Its use of staff and assets in providing in-house professional services; or ii: The provision of minor and ancillary works,— for which payments have been made from its Land Transport Disbursement Account; and d: Vary or revoke those requirements. 33: Board may reduce payments in certain cases 1: The Board may from time to time reduce the amount of any payments made by it— a: To the Authority, by such amount as it considers appropriate, if the Board considers that— i: The Authority has been or is, or will be likely to be, in breach of any of the provisions of this Act with respect to payments by the Authority from the State Highways Account; or ii: The Authority is in breach of the provisions of section 27 of this Act b: To a local authority, by such amount as it considers appropriate, if the Board considers that— i: The local authority has been or is, or will be likely to be, in breach of any of the provisions of this Act with respect to payments by the local authority from its Land Transport Disbursement Account; or ii: The local authority is in breach of the provisions of section 27 or section 31 or section 34 of this Act 2: Subsection (1) of this section section 35 of this Act 34: Board may require certain information from Authority and local authorities 1: The Board may from time to time require the Authority or a local authority to provide such information as the Board considers appropriate to enable the Board to determine whether the Authority or the local authority, as the case may be, is complying, and will continue to comply, with the provisions of this Act relating to payments made by the Authority from the State Highways Account or by the local authority from its Land Transport Disbursement Account. 2: The Authority and a local authority shall promptly satisfy any requirement of the Board under subsection (1) of this section 3: Subsections (1) and (2) of this section section 108 of this Act 35: Payments may be conditional on projects being carried out to satisfactory standard Notwithstanding anything to the contrary in this Act, the Board, after consultation with the Authority or the local authority concerned, as the case may be, may refuse or withhold any payments or part of any payment to the Authority, or the local authority, for any approved output or capital project that has been constructed or undertaken or is proposed to be constructed or undertaken to standards that in the opinion of the Board are excessively high or unsatisfactory. 1989 No 75 s 21 36: Certain payments prohibited Payments for an output referred to in section 3D of this Act III: Safety (Administration) and Roading Programmes Safety (Administration) Programme 37: Safety (administration) programme 1: The Land Transport Safety Authority shall each year prepare for the Secretary, by a date appointed by the Minister, a safety (administration) programme that shall— a: List, in order of priority,— i: The outputs recommended by that Authority; and ii: The estimated cost of each output; and iii: The total budgeted cost of all safety (administration) outputs for that year; and iv: An estimate of the revenue to be received by that Authority and the Police, respectively, from sources (other than the National Roads Account) applicable to those outputs; and b: State— i: The objective or objectives to be achieved by each output: ii: The options considered as being available to achieve the objective or objectives: iii: Such evaluation of each output and each option as is for the time being required by the last approved safety (administration) programme; and c: State the measure by which the performance of each output should be judged; and d: State how each output will assist the implementation of any national land transport strategy that is in force; and e: Include a statement setting out— i: The basis upon which the Land Transport Safety Authority will evaluate individual outputs for inclusion in the next safety (administration) programme; and ii: The objectives of the Land Transport Safety Authority in respect of safety (administration) for the next 5 years; and iii: The Land Transport Safety Authority's evaluation of the safety (administration) needs and safety (administration) issues that are likely to arise during the next 5 years and the proposed response to those needs an issues; and iv: The measures by which safety (administration) should be judged; and f: Be in such form, and contain such other matters and such details, as the Minister may from time to time require. 2: The Land Transport Safety Authority— a: Shall consult the Commissioner before including any matter in a safety (administration) programme; and b: Shall ensure that a safety (administration) programme prepared by it under subsection (1) of this section c: Shall ensure that any output recommended in any safety (administration) programme is not inconsistent with any relevant regional land transport strategy; and d: Shall, where the Land Transport Safety Authority decides not to recommend any output,— i: So advise in writing the Authority, or the regional council or territorial authority concerned, as the case may require; and ii: Give reasons for its decision. 3: Each year, by a date set by the Minister, the Secretary shall submit to the Minister and copy to the Board, the Authority, the Land Transport Safety Authority, and the Commissioner— a: The safety (administration) programme prepared under subsection (1) of this section b: The Secretary's recommendations concerning the safety (administration) programme for that year; and c: The Secretary's evaluation of safety (administration) needs and safety (administration) issues that are likely to arise during the next years; and d: Such other matters as the Minister may from time to time require. 4: The Secretary shall consult the Land Transport Safety Authority and the Commissioner before making any recommendation under subsection (3)(b) of this section 1989 No 75 s 28 s 8 s 35(1) 38: Approval of safety (administration) programme 1: Subject to subsection (2) of this section section 37 of this Act a: The Minister shall approve the programme by notice in writing to the Secretary; and b: The Secretary shall forthwith advise the Board in writing of such approval. 2: If the Minister considers that a safety (administration) programme should be varied— a: The Minister may amend the programme, and approve the programme as amended, by notice in writing to the Secretary, and, in that case, the Secretary shall forthwith provide to the Board a copy of the programme as approved; or b: The Minister may decline to approve the programme, return it to the Secretary, and advise the Secretary of the reasons for so declining to approve the programme. 3: If the Minister declines to approve the programme,— a: The Secretary shall request the Land Transport Safety Authority to make such amendments to the programme as are necessary to obtain the approval of the Minister; and b: The Secretary shall submit the amended programme to the Minister and the Minister shall approve it by notice in writing to the Secretary; and c: The Secretary shall forthwith provide to the Board a copy of the programme as approved. 4: The Secretary shall forward to the Authority, the Land Transport Safety Authority, and the Commissioner a copy of every safety (administration) programme approved under this section. 1989 No 75 s 34 s 12 s 35(1) 39: Agencies to adhere to safety (administration) programme 1: The Board, the Authority, the Land Transport Safety Authority, the Commissioner, the Secretary, and every local authority shall give effect to, observe, and enforce the observance of the requirements and provisions of the approved safety (administration) programme to the extent of its or his or her functions, duties (including common law obligations), and powers. 2: The Board, the Authority, the Land Transport Safety Authority, the Commissioner, the Secretary, and every local authority shall from time to time consult each other as appropriate about how to comply with the obligations imposed on him or her or it by subsection (1) of this section 3: Where the approved safety (administration) programme includes— a: An output that requires a level of expenditure by the Authority in respect of the output that is greater than that provided in its State highways programme; or b: An output that requires a level of expenditure by a regional council in respect of the output that is greater than that provided in its regional programme; or c: An output that requires a level of expenditure by a territorial authority in respect of the output that is greater than that provided in its district roading programme,— the duty imposed by subsection (1) of this section 40: Secretary to make safety (administration) programme available to public Each year the Secretary shall make available to the public the safety (administration) programme as soon as reasonably practicable after its approval by the Minister under section 38 of this Act 41: Secretary may submit supplementary safety (administration) programme 1: The Secretary may from time to time submit to the Minister, and shall copy to the Board, a supplementary safety (administration) programme for that year. 2: Every supplementary safety (administration) programme shall, with the necessary modifications, be prepared as if it were a safety (administration) programme under section 37 of this Act 3: The Secretary shall copy to the Board, the Land Transport Safety Authority, and the Commissioner every supplementary safety (administration) programme submitted to the Minister. 42: Minister may approve supplementary safety (administration) programme 1: As soon as is practicable after receiving a supplementary safety (administration) programme under section 41 of this Act a: Approve the supplementary programme in whole or in part by notice in writing to the Board and to the Secretary, and, to the extent it is approved in part only, advise the Board and the Secretary of the reasons for doing so; or b: Amend and approve the supplementary programme, as amended, by notice in writing to the Board and the Secretary and advise the Board and the Secretary of the amendment and reasons for doing so; or c: Decline to approve the supplementary programme and in writing advise the Board and the Secretary of the reasons or doing so. 2: Every supplementary safety (administration) programme approved by the Minister under subsection (1) of this section 3: The Secretary shall copy to the Board, the Authority, the Land Transport Safety Authority, and the Commissioner every supplementary safety (administration) programme approved under this section. National Roading Programme 42A: National roading programme 1: In each year, the Board shall approve a national roading programme for the next year, which shall include— a: Those outputs and capital projects recommended in the State highways programme, the regional programmes, and the distinct roading programmes forwarded to the Board under this Act that the Board considers should be included in the national roading programme; and b: The proposed funding of those outputs and capital projects for that financial year. 2: Subject to subsections (3) and (4) of this section 3: The national roading programme shall not be inconsistent with any national land transport strategy that is in force at the time of the preparation of the programme. 4: The Board shall ensure that only outputs and capital projects that are not inconsistent with any relevant regional land transport strategy are included in a national roading programme. 5: In complying with the requirements of this section, the Board shall have regard to the State highways programme, the regional programmes, and distinct roading programmes, that have been forwarded to it under this Act but shall not be bound to adopt in whole or in part any outputs or capital projects recommended in such programmes. 6: The Board shall forward to the Authority, the Land Transport Safety Authority, the Commissioner, the Secretary, and every local authority a copy of each national roading programme approved by it. 42B: Agencies to adhere to national roading programme 1: The Board, the Authority, the Land Transport Safety Authority, the Commissioner, the Secretary, and every local authority shall give effect to, observe, and enforce the observance of the requirements and provisions of the national roading programme to the extent of its or his or her functions, duties (including common law obligations), and powers. 2: The Board, the Authority, the Land Transport Safety Authority, the Commissioner, the Secretary, and every local authority shall from time to time consult each other as appropriate about how to comply with the obligations imposed on it or him or her by subsection (1) of this section 3: Where the national roading programme includes— a: An approved output or capital project that requires a level of expenditure by the Authority in respect of the output or capital project that is greater than that provided in its State highways programme; or b: An approved output that requires a level of expenditure by a regional council in respect of the output that is greater than that provided in its regional programme; or c: An approved output or capital project that requires a level of expenditure by a territorial authority in respect of the output or capital project that is greater than that approved in its district roading programme,— the duty imposed by subsection (1) of this section 42C: Board to make national roading programme available to public As soon as is reasonably practicable after the approval of outputs and capital projects under section 17 of this Act State Highways, Regional, and District Roading Programmes 42D: State highways programme 1: In each year, the Authority shall prepare after consultation with the Land Transport Safety Authority, by a date appointed by the Board, a State highways programme for the next year. 2: Every State highways programme shall— a: List each approved output and capital project included in any earlier approved national roading programme or safety (administration) programme for which any payments due from the Board or the Land Transport Safety Authority are outstanding and the amount outstanding, and, if it is proposed that the approved output or capital project be suspended or abandoned, give an explanation of the proposed suspension or abandonment; and b: List all outputs and capital projects for which any payment is sought from the Board or the Land Transport Safety Authority in order of the priority that the Authority thinks should be given to those outputs and capital projects and, for each output and capital project, indicate its total cost, its proposed starting date, and its duration; and c: State the objective or objectives to be achieved by each output and capital project, the options considered as being available to achieve that objective or those objectives, and such evaluation of each output and capital project and each option as the Board or the Land Transport Safety Authority may from time to time require; and d: State how each output and capital project assists the implementation of any national land transport strategy that is in force; and e: Be in such form and contain such other details as the Board and the Land Transport Safety Authority may jointly or separately prescribe. 3: Every State highways programme shall include any output that the Authority considers should be recommended to the Land Transport Safety Authority for inclusion in the safety (administration) programme. 4: Every State highways programme shall include the outputs and capital projects that the Authority considers should be recommended for inclusion in the national roading programme. 5: No State highways programme shall include provision for any output referred to in section 3D of this Act 6: The Authority shall ensure that the State highways programme is not inconsistent with any national land transport strategy, or any relevant regional land transport strategy, that is in force at the time of the preparation of the programme. 7: The Authority shall, by a date appointed by the Board, forward the State highways programme to the Board, and forward copies to the Land Transport Safety Authority, the Commissioner, and the Secretary. 42E: Consultation concerning State highways programme Before finalising any State highways programme, the Authority shall consult— a: The Board; and b: The Land Transport Safety Authority; and c: The Commissioner; and d: Every affected local authority; and e: Representatives of road users. 42F: Regional programmes 1: Each financial year, a regional council or a territorial authority that has the functions, duties, and powers of a regional council under this Act may prepare a regional programme for the next year in relation to its region or district and in respect of outputs for which the regional council or territorial authority is responsible. 2: Every regional programme shall— a: List each approved output included in any earlier approved regional programme for which payments due from the Board or the Land Transport Safety Authority are outstanding and the amount outstanding, and, if it is proposed that the approved output be suspended or abandoned, give an explanation of the proposed suspension or abandonment; and b: List all outputs for which financial assistance is sought from the Board or the Land Transport safety Authority in order of the priority that the regional council or territorial authority, as the case may be, considers should be given to those outputs and, for each output, indicate its total cost, its proposed starting date, and its duration; and c: State the objective or objectives to be achieved by each output, the options considered as being available to achieve that objective or those objectives, and such evaluation of each output and each option as the Board or the Land Transport Safety Authority may from time to time require; and d: State how each output assists with the relevant regional land transport strategy; and e: State how each output assists the implementation of any national land transport strategy that is in force at the time of the preparation of the programme; and f: Be in such form, and contain such other details, as may from time to time be prescribed by the Board and the Land Transport Safety Authority. 3: Every regional programme shall include any outputs for the relevant region that the regional council or territorial authority considers should be recommended to the Land Transport Safety Authority for inclusion in the safety (administration) programme. 4: Every regional programme shall include the outputs for the relevant region that the regional council or territorial authority considers should be recommended to the Board for inclusion in the national roading programme. 5: A regional programme may include bids for one or more of the following: a: Outputs referred to in section 3D of this Act b: Outputs relating to administration: c: Outputs relating to any aspect of safety (administration) that are outputs agreed by all the territorial authorities affected by that regional programme. 6: No regional programme shall include provision for any output for roading. 7: A regional programme shall not be inconsistent with any national land transport strategy, or any relevant regional land transport strategy, that is for the time being in force at the time of the preparation of the programme. 8: A regional programme shall implement any regional land transport strategy having effect in respect of that region, unless the implementation of that strategy is clearly impracticable. 9: The regional council or territorial authority shall, by a date appointed by the Board, forward a copy of the regional programme approved by the council or authority to the Board, the Authority, the Land Transport Safety Authority, the Commissioner, and the Secretary. 10: A regional land transport committee established under section 29I of the Land Transport Act 1993 42G: Consultation concerning regional programmes 1: Before completing a regional programme, the relevant regional council or territorial authority shall consult— a: The Board; and b: The Authority; and c: The Land Transport Safety Authority; and d: The Commissioner; and e: The territorial authorities in the region; and f: The adjoining regional councils and territorial authorities; and g: The public in the region or district. 2: It shall be sufficient compliance with the provisions of subsection (1) of this section Local Government Act 1974 42H: District roading programmes 1: Each financial year, every territorial authority shall prepare a district roading programme for the next year in relation to its district. 2: Every district roading programme shall— a: List each approved output and capital project included in any earlier approved district roading programme for which payments due from the Board or the Land Transport Safety Authority are outstanding and the amount outstanding, and, if it is proposed that the approved output or capital project be suspended or abandoned, give an explanation of the proposed suspension or abandonment; and b: List— i: All outputs and capital projects that the Board or the Land Transport Safety Authority or the Commissioner is recommended to undertake; or ii: All outputs and capital projects for which any payment is sought from the Board that the territorial authority proposes to undertake,— each in order of the priority that the territorial authority considers should be given to those outputs and capital projects and, for each output and capital project, indicate its total cost, its proposed starting date, and its duration; and c: State the objective or objectives to be achieved by each output and capital project the options considered as being available to achieve that objective or those objectives, and such evaluation of each output and capital project and each option as the Board or the Land Transport Safety Authority may from time to time require; and d: State how each output and capital project complies with the relevant regional land transport strategy; and e: State how each output and capital project assists the implementation of any national land transport strategy that is in force at the time of the preparation of the programme; and f: Be in such form, and contain such other details, as may be prescribed by the Board and the Land Transport Safety Authority from time to time. 3: Every district roading programme shall include any outputs for the relevant district that the territorial authority considers should be recommended to the Land Transport Safety Authority for inclusion in the safety (administration) programme. 4: Every district roading programme shall include the outputs and capital projects for the relevant district that the territorial authority considers should be recommended to the Board for inclusion in the national roading programme. 5: No district roading programme shall include provision for any output referred to in section 3D of this Act 6: A district roading programme shall not be inconsistent with any national land transport strategy, or any relevant regional land transport strategy, that is in force at the time of preparation of the programme. 7: A district roading programme shall implement any regional land transport strategy having effect in respect of that district, unless the implementation of that strategy is clearly impracticable. 8: Every territorial authority shall, by a date appointed by the Board after consultation with the Minister, forward a copy of the district roading programme completed by the territorial authority to the Board, the Authority, the Land Transport Safety Authority, the Commissioner, and the Secretary. 42I: Consultation concerning district roading programmes 1: Before finalising any district roading programme, the relevant territorial authority shall consult— a: The Board; and b: The Authority; and c: The Land Transport Safety Authority; and d: The Commissioner; and e: The regional council in the region; and f: The public in the district. 2: It shall be sufficient compliance with the provisions of subsection (1) of this section Local Government Act 1974 42J: Provision of information 1: Every— a: Territorial authority within the relevant region, in the case of a regional programme; and b: Regional council, in the case of a district roading programme,— shall provide to the regional council or territorial authority, as the case may require, sufficient information as the council or authority considers it requires in order to perform properly its functions in relation to such programmes under this Act. 2: The Authority shall provide to the Board sufficient information as the Board considers it requires in order to perform properly its functions in relation to the national roading programme under this Act. 1989 No 75 s 108 42K: Needs of transport disadvantaged to be considered In preparing any programme under this Act, the Board, the Authority, the Land Transport Safety Authority, the Commissioner, the Secretary, every local authority, and every regional land transport committee shall consider the needs of persons who are transport disadvantaged. 1989 No 75 s 32 s 11 42L: Maori interests to be considered No output or capital project which affects or is likely to affect Maori land or Maori historical, cultural, or spiritual interests shall be included in a national roading programme, a safety (administration) programme, State highways programme, a regional programme, or a district roading programme unless the Board, the Land Transport Safety Authority, the Authority, regional council, or territorial authority preparing the programme— a: Has consulted every iwi or hapu that, in its opinion, will or may be affected by the output or capital project; and b: Is satisfied, after such consultation, that the output or capital project should proceed. 1989 No 75 s 27 Miscellaneous Provisions 42M: Agreements regarding passenger transport operations 1: Subject to section 27 of this Act 2: Subject to section 27 of this Act and subsection (3) of this section 3: A territorial authority may enter into an agreement or make a payment under subsection (2) of this section a: A regional council has transferred its functions, duties, and powers under this Act to the territorial authority, in accordance with section 37SC of the Local Government Act 1974 b: The territorial authority does not, whether directly or indirectly, have any interest in any passenger service; and c: That agreement or payment is not inconsistent with any relevant regional land transport strategy prepared under section 29F of the Land Transport Act 1993 42N: Reports on projects and programmes 1: The Secretary shall include in every annual report to be given by him or her to the Minister under section 30 of the State Sector Act 1988 a: A statement comparing the performance of the Land Transport Safety Authority in relation to the safety (administration) outputs in that year (other than those delivered by the Police) with the relevant performance measures agreed under section 37(1)(C) of this Act b: A statement comparing the performance of the Police in relation to the safety (administration) outputs delivered by the Police in that year with the relevant performance measures agreed under section 37(1)(c) of this Act 2: The Minister may require the Commissioner to provide information relating to the safety (administration) outputs delivered by the Police, and the Commissioner shall provide such information in such manner as may be agreed in writing by the Minister and the Minister of Police. 3: Every agreement entered into by the Minister and the Minister of Police under subsection (2) of this section 2: The following enactments are hereby consequentially repealed: a: Sections 2 and 3 of the Transit New Zealand Amendment Act 1990 b: The Transit New Zealand Amendment Act 1991 c: The Transit New Zealand Amendment Act 1992 d: So much of Part 1 of Schedule 2 to the Land Transport Act 1993 sections 2 8 10 18 25 26 27A 28 29 31 32 33 34 37 39 42A e: Sections 3 to 5 19: This section amended, as from 1 July 1996, s 48(5) Schedule 2 to the Land Transport Act 1993 20: This section amended, as from 1 July 1996, s 50(4) Schedule 2 to the Land Transport Act 1993 21: This section amended, as from 1 July 1996, s 67 22: This section amended, as from 1 July 1996, s 100 23: This section amended, as from 1 July 1996, s 101(3) 24: This section amended, as from 1 July 1996, s 105 25: This section substituted, as from 1 July 1996, s 106 26: This section amended, as from 1 July 1996, s 108 27: Schedule 1 1: These subsections amended Schedule 1 2: These subsections amended Schedule 1 3: The person who, immediately before the date of commencement of this section, held office as the General Manager of the Authority shall, as from that date, continue to hold office on the same terms and conditions as the chief executive of the Authority. 4: Every reference to the General Manager in any Act, regulation, or other enactment, or any contract, agreement, deed, instrument, application, licence, notice, or other document that is in force at the commencement of this section shall hereafter be read as a reference to the chief executive of the Authority. 28: This section substituted, as from 1 July 1996, new Schedules 1A 1B 29: This section amended as from 1 July 1996, Schedule 3 30: Transfer of certain assets of Authority to Board 1: The Authority shall from time to time, by notice in writing to Transfund New Zealand, transfer a financial asset of the Authority to the Board if that financial asset— a: Did not arise in relation to its control of the State highway system; and b: Arose on or before the 30th day of June 1996. 2: Any notice in writing under subsection (1) a: The Authority's estimate of the amount of the financial asset; and b: The person or persons who owe the financial asset to the Authority; and c: How it arose. 3: Any financial asset of the Authority that is the subject of a notice from the Authority under this section shall vest, by virtue of this Act, in the Board from the date of execution of the notice by the Authority. 4: The Authority shall give the Board promptly any information in relation to a financial asset transferred under this section that the Board may from time to time reasonably require. 5: The Authority shall give the Minister as soon as practicable a copy of a notice in writing under subsection (1) 6: The Minister shall lay before the House of Representatives a copy of a notice in writing received by him or her under subsection (5) 7: In this section, and in section 33 Financial asset a: Any debt security within the meaning of the Securities Act 1978 b: Any right or claim to money; and c: Any cause of action: Transfer 31: Transfer of certain liabilities of Authority to Board 1: Subject to section 32 a: Was not incurred in relation to its control of the State highway system; and b: Was incurred on or before the 30th day of June 1996. 2: Any notice in writing under subsection (1) a: The Authority's estimate of the amount of the liability or potential liability, as the case may require; and b: The person or persons to whom it is owed or who allege the liability, as the case may require; and c: How it was incurred. 3: Any liability of the Authority that is the subject of a notice from the Authority under this section shall vest, by virtue of this Act, in the Board from the date of execution of the notice by the Authority. 4: The Authority shall give the Board promptly any information in relation to a liability transferred under this section that the Board may from time to time reasonably require. 5: The Authority shall give the Minister as soon as practicable a copy of a notice in writing given under subsection (1) 6: The Minister shall lay before the House of Representatives a copy of a notice in writing received by him or her under subsection (5) 7: In this section and in sections 32 33 Liability a: Any liability under any Act or agreement; and b: Contingent liabilities; and c: Interests of any kind in any liability referred to in paragraph (a) (b) Transfer 32: Preconditions for transfer of liabilities The Authority shall not give notice to Transfund New Zealand under section 31 a: Until it has given a draft of the notice it proposes to send under that section to the Board and the Minister; and b: If— i: The Board, within 28 days after the Authority has given the Board the draft of the notice, gives the Authority and the Minister notice in writing that it considers the liability should not be transferred to it as it is not in accordance with the requirements of subsection (1) ii: The Minister determines that it is not in accordance with the requirements of subsection (1) 33: Application of transfer to third parties 1: Nothing effected under section 30 31 a: Shall be regarded as placing the Authority or any other person in breach of, or default under, any agreement, or in breach of confidence, or as otherwise making any of them guilty of a civil wrong: b: Shall be regarded as giving rise to a right for any person to— i: Terminate, cancel, or modify an agreement; or ii: Enforce or accelerate the performance of an obligation; or iii: Require the performance of an obligation not otherwise arising for performance: c: Shall be regarded as placing the Authority or any other person in breach of any enactment, rule of law, or provision of an agreement prohibiting, restricting, or regulating the transfer of any liabilities or the disclosure of any information: d: Shall release any surety from any obligation: e: Shall invalidate or discharge any agreement or security. 2: Where a financial asset or a liability of the Authority is transferred to Transfund New Zealand under section 30 31 a: The laying before the House of Representatives of any notice relating to the transfer shall be deemed to be notice of the transfer, and any third party shall with effect from the date of execution of the notice by the Authority deal with the Board in place of the Authority: b: Any satisfaction or performance by the Board in respect of a liability shall be deemed to be also satisfaction or performance by the Authority: c: Any satisfaction or performance in respect of a liability by any third party to the benefit of the Board shall be deemed to be also to the benefit of the Authority. 34: Saving Every reference in any other Act or in any regulation, order, or bylaw, or in any agreement, deed, instrument, application, notice, or document whatever to the National Roads Fund or the Land Transport Fund or the Land Transport Account shall, unless the context otherwise requires, hereafter be read as a reference to the National Roads Account. 35: Transitional provision relating to performance agreement Notwithstanding section 7B section 17 36: Transitional provision relating to competitive pricing procedures Competitive pricing procedures approved by the Authority before the 30th day of June 1996 shall be deemed to be competitive pricing procedures approved by Transfund New Zealand under section 26 section 18(1) 37: Transitional provisions relating to national land transport programme 1: Notwithstanding section 33(1) section 29 2: Notwithstanding section 42A section 18(1) 38: Transitional provision relating to land transport strategies Every land transport strategy prepared under the principal Act (as it read immediately before the commencement of this section) shall be deemed to be a regional land transport strategy prepared under the Land Transport Act 1993 39: Transitional provision relating to approved projects All projects approved by the Authority before the 30th day of June 1996 for the purposes of Part 2 section 17 section 18(1) 40: Transitional provisions relating to Land Transport Account 1: The credit balance of the Land Transport Fund as at the 30th day of June 1996 shall be paid into the Crown Bank Account and be treated as money paid under section 8(g) 2: The money payable under subsection (1) 3: All money payable under subsection (1) 4: All money held as at the 30th day of June 1996 to the credit of the Land Transport Account operated by the Authority shall,— a: If the money is held for the purposes of State highways, be transferred to the State Highways Account: b: If that money is held for any other purpose, be transferred to the National Roads Account.

DLM372862

1995

Gaming Duties Amendment Act 1995

1: Short Title This Act may be cited as the Gaming Duties Amendment Act 1995, and shall be read together with and deemed part of the Gaming Duties Act 1971 2: Application date 1: This Act applies to gross investments and special investments in respect of a race or combination of races held on or after the 1st day of January 1996. 2: Notwithstanding subsection (1) 3: This Act applies to special investments in respect of a sporting event or combination of sporting events held on or after the 1st day of January 1996. 4: Notwithstanding subsection (3) 3: Interpretation Section 3 repealed 1 August 2003 70(2) Racing Act 2003 See sections 71 to 81 See clause 2 Racing Act Commencement Order 2003 4: Totalisator duty 1: 2: The following enactments are hereby consequentially repealed: a: Section 8(2) Finance Act 1977 b: Section 2(1) of the Gaming Duties Amendment Act 1986 c: Section 21(2) of the Racing Amendment Act 1986 Subsection (1) repealed 1 August 2003 70(2) Racing Act 2003 See sections 71 to 81 See clause 2 Racing Act Commencement Order 2003 5: Section 5 repealed 1 April 1997 15(2) Gaming Duties Amendment Act 1996

DLM371911

1995

Commodity Levies Amendment Act 1995

1: Short Title This Act may be cited as the Commodity Levies Amendment Act 1995, and shall be read together with and deemed part of the Commodity Levies Act 1990 1: Substantive amendments 2: 3: Matters to be specified in levy orders 1: This subsection substituted s 6(1)(f) 2: This subsection amended s 6(1)(g) 3: Every levy order made before the commencement of this Act, and every support referendum held before that commencement, is hereby declared to be as valid and effectual as if subsections (1) (2) 4: The following orders are hereby confirmed: a: The Commodity Levies (Arable Commodities) Order 1994 b: The Commodity Levies (Blueberries) Order 1995 4: Insurance of wheat crops 1: Notwithstanding section 10(1) 2: Nothing in subsection (1) section 5(2) 2: Repeal of certain legislation imposing levies 5: Meat Act 1981 1: On the commencement of the first order imposing a levy for the purposes of wholly or partially funding the implementation of a national pest management strategy relating to bovine tuberculosis made after the commencement of this Act under section 90 Biosecurity Act 1993 a: The following enactments shall be deemed to have been repealed: i: Sections 44 and 49(4) of the Meat Act 1981 ii: Section 5 of the Meat Amendment Act 1985 iii: The Meat Amendment Act 1991 iv: Section 6(1) of the Meat Amendment Act 1992 b: Section 49(1)(w) of the Meat Act 1981 and levies c: The following enactments shall be deemed to have been revoked: i: Regulations 4, 6, and 7 of, and Schedule 2 to, the Meat (Payments) Regulations 1990 ii: Regulation 3 of the Meat (Payments) Regulations 1990, Amendment No 3 iii: The Meat (Payments) Regulations 1990, Amendment No 5 d: Regulation 5 of the Meat (Payments) Regulations 1990 and levies 2: 3: Section 6(2) of the Meat Amendment Act 1992 4: Schedule 2 to the Meat (Payments) Regulations 1990 regulation 2 of the Meat (Payments) Regulations 1990, Amendment No 5 1.: 979.88C 2.: NIL 3.: 979.88C 4.: NIL 5.: NIL. 5: The Meat (Payments) Regulations 1990 subsection (1)(d) (4) paragraph (c) (d) (4) 6: Hive Levy Act 1978 1: The Hive Levy Act 1978 Hive Levy Amendment Act 1982 a: The 1st day of January 1997: b: The commencement of a levy order imposing a levy on honey (or bee products that include honey). 2: Section 26(3) paragraphs (i) (n) 7: Wheat Producers Levy Act 1987 1: The Wheat Producers Levy Act 1987 a: The 1st day of January 1998: b: The commencement of a levy order imposing a levy on wheat. 2: Section 26(3)(s)

DLM367211

1995

Department of Justice (Restructuring) Act 1995

1: Short Title and commencement 1: This Act may be cited as the Department of Justice (Restructuring) Act 1995. 2: Except as provided in sections 5(5) 6(4) 10(4) 11(5) 12(5) 13(2) Section 1(2) brought into force 1 December 2004 clause 2 Department of Justice (Restructuring) Act Commencement Order 2004 2: Interpretation In this Act, unless the context otherwise requires,— document a: includes a contract, deed, or conveyance; but b: does not include an enactment or any instrument appointing a person to a statutory office Minister proceedings a: an application to a court, tribunal, statutory board, or local authority; or b: the exercise of a statutory function or power pursuant to an enactment responsible department responsible Minister 3: Amendments to references in documents to Minister of Justice, Secretary for Justice, and Department of Justice 1: Unless in any case the context otherwise requires, and subject to the provisions of this Act,— a: every reference in any document made before 1 October 1995 to the Minister of Justice shall be read as a reference to the responsible Minister: b: every reference in any document made before 1 October 1995 to the Secretary for Justice or to the chief executive of the Department of Justice shall be read as a reference to the chief executive of the responsible department: c: every reference in any document to the Department of Justice shall be read as a reference to the responsible department. 2: The Minister may from time to time, for the purpose of providing guidance in relation to the provisions of any document or of any class of documents, make a statement indicating the identity of a responsible Minister or of a responsible department. 3: Any document to which a statement under subsection (2) relates shall, in the absence of proof to the contrary, be read in accordance with that statement. 4: Benefits of licences 1: Notwithstanding any provision or rule of law, where a right or licence has been granted or assigned to the Crown for the purposes of the Department of Justice, the right or licence may, for the balance of the term, if any, of the right or licence, be exercised for the purposes of any department of State or of any division of a department of State, if the functions of that department or division consist principally of functions which, at the date of the grant or assignment of the right or licence, were the responsibility of the Department of Justice. 2: Notwithstanding any provision or rule of law, where a right or licence has been granted or assigned to the Crown for the purposes of a division of the Department of Justice, the right or licence may, for the balance of the term, if any, of the right or licence, be exercised for the purposes of any department of State or of any division of a department of State, if the functions of that department or division consist principally of functions which, at the date of the grant or assignment of the right or licence, were the responsibility of that division of the Department of Justice. 5: Establishment of Ministry of Justice 1), (2: Amendment(s) incorporated in the Act(s) 3: The chief executive of the Ministry of Justice shall be known as the Secretary for Justice. 4: Notwithstanding section 35 section 6 5: This section shall come into force on 1 October 1995. 6: Abolition of Department of Justice 1: The Department of Justice is hereby abolished. 2), (3: Amendment(s) incorporated in the Act(s) 4: This section shall come into force on a date to be appointed by Order in Council. 5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 6(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 7: Application of collective employment contracts Where any employees of the Department of Justice whose conditions of employment are governed by an unexpired collective employment contract are transferred (in circumstances to which section 61B Schedule 1 a: as if it were a contract that had been made in respect of the department to which those employees are transferred; and b: as if it were binding on both those employees and on the chief executive of the department to which those employees are transferred. 8: Transfer of employees to other departments of the Public Service Except as otherwise provided in any employment contract, no employee of the Department of Justice who is transferred to any department specified in Schedule 1 section 61B 9: Continuation of existing proceedings 1: Where, before the commencement of this Act, the Minister of Justice has, in his capacity as Minister of Justice, initiated or become a party to any proceedings, the proceedings may be continued, completed, and enforced by or against the responsible Minister. 2: Where, before the commencement of this Act, the Secretary for Justice has, in his capacity as Secretary for Justice, initiated or become a party to any proceedings, the proceedings may be continued, completed, and enforced by or against the chief executive of the responsible department. 10: Consequential amendments 1: The enactments specified in Schedule 1 2: Amendment(s) incorporated in the Act(s) 3: The enactments specified in Schedule 2 4: Subsection (3), and Schedule 2 11: Consequential amendments to Privacy Act 1993 1: 2), (3: Amendment(s) incorporated in the Act(s) 4: Subsection (1), and Schedule 3 5: Subsections (3) and (4) shall come into force on 1 October 1995. Section 11(1) repealed 1 October 1995 section 11(4) 12: Consequential amendments to regulations 1: The regulations specified in Schedule 5 2: The regulations specified in Schedule 6 3: The amendment by this section of the regulations specified in Schedule 5 Schedule 6 4: The Governor-General may from time to time, by Order in Council, consequentially revoke Schedule 5 Schedule 6 5: Subsection (2), and Schedule 6 6: An order under subsection (4) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 12(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 13: Repeals 1: The enactments specified in Schedule 7 2: This section, and Schedule 7

DLM366279

1995

Appropriation (1994/95 Supplementary Estimates) Act 1995

1: Short Title and application 1: This Act may be cited as the Appropriation (1994/95 Supplementary Estimates) Act 1995. 2: Except as provided in section 7 2: Interpretation 1: In this Act, unless the context otherwise requires,— amount of each expense amount of each liability each amount of public money Part A2 for each Vote Supplementary Estimates 2: In this Act, unless the context otherwise requires, the terms benefit borrowing expenses capital contribution class of outputs Crown department expenses financial year liability Office of Parliament other expenses outputs public money Vote section 2(1) 3: Appropriations additional to other appropriations 1: The appropriations authorised by sections 4 to 8 Appropriation Act (No 2) 1994 2: Section 3(2) repealed 24 June 1996 Appropriation (1995/96 Supplementary Estimates) Act 1996 4: Appropriations for expenses to be incurred Section 4 repealed 24 October 1995 Appropriation (1995/96 Estimates) Act 1995 5: Appropriations of public money Section 5 repealed 24 October 1995 Appropriation (1995/96 Estimates) Act 1995 6: Appropriations for liabilities to be incurred Section 6 repealed 24 October 1995 Appropriation (1995/96 Estimates) Act 1995 7: Appropriation applying for 5 financial years Section 7 repealed 24 June 1996 Appropriation (1995/96 Supplementary Estimates) Act 1996 8: Appropriation of public money for liabilities incurred before 1 July 1994 Whereas the Crown’s statement of financial position as at 30 June 1994 included liabilities lawfully incurred without appropriation before the close of that date, including liabilities in respect of payments to be made under section 7 section 4(1)

DLM368574

1995

Radio New Zealand Act 1995

1: Short Title and commencement 1: This Act may be cited as the Radio New Zealand Act 1995. 2: This Act shall come into force on a date to be appointed by the Governor-General by Order in Council. 3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 1(2) brought into force 1 December 1995 Radio New Zealand Act Commencement Order 1995 Section 1(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 2: Interpretation In this Act, unless the context otherwise requires,— Charter section 8 constitution Companies Act 1993 Crown entity subsidiary the second column of section 7(1)(c) existing company governor section 14 public radio company Registrar section 357(1) responsible Minister shareholding Ministers section 10 Section 2 Charter amended 2 April 2016 section 5(1) Radio New Zealand Amendment Act 2016 Section 2 constitution replaced 5 December 2013 section 14 Companies Amendment Act 2013 Section 2 Crown entity subsidiary inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 2 Crown entity subsidiary amended 18 July 2013 section 42 Crown Entities Amendment Act 2013 Section 2 shareholding Ministers substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 2 subsidiary repealed 25 January 2005 section 200 Crown Entities Act 2004 3: Act to bind the Crown This Act binds the Crown. Shareholding in public radio company Heading repealed 25 January 2005 section 200 Crown Entities Act 2004 4: Authorising Crown shareholding in public radio company Section 4 repealed 25 January 2005 section 200 Crown Entities Act 2004 5: Further provisions relating to Ministers' shareholding Section 5 repealed 25 January 2005 section 200 Crown Entities Act 2004 6: Ministers to hold all shares Section 6 repealed 25 January 2005 section 200 Crown Entities Act 2004 Charter and principles of public radio company 7: Public radio company to give effect to Charter The public radio company must give effect to its Charter. Section 7 replaced 2 April 2016 section 4 Radio New Zealand Amendment Act 2016 8: Charter The Charter of the public radio company is as follows: Purpose 1: As an independent public service broadcaster, the public radio company's purpose is to serve the public interest. 2: Freedom of thought and expression are foundations of democratic society and the public radio company as a public service broadcaster plays an essential role in exercising these freedoms. 3: The public radio company fosters a sense of national identity by contributing to tolerance and understanding, reflecting and promoting ethnic, cultural, and artistic diversity and expression. 4: The public radio company provides reliable, independent, and freely accessible news and information. Delivery 5: In achieving its purpose, the public radio company must endeavour to provide services of the highest quality, which— a: are predominantly and distinctively of New Zealand: b: inform, entertain, and enlighten the people of New Zealand: c: are challenging, innovative, and engaging: d: foster critical thought, and informed and wide-ranging debate: e: stimulate, support, and reflect the diversity of cultural expression, including drama, comedy, literature, and the performing arts: f: stimulate, support, and reflect a wide range of music, including New Zealand composition and performance: g: reflect New Zealand’s cultural identity, including Māori language and culture: h: provide awareness of the world and of New Zealand’s place in it: i: provide comprehensive, independent, accurate, impartial, and balanced regional, national, and international news and current affairs: j: provide programmes which balance special interest with those of wide appeal, recognising the interests of all age groups: k: contribute towards intellectual and spiritual development: l: include an international service to the South Pacific in both English and Pacific languages: m: take account of services provided by other broadcasters: n: take advantage of the most effective means of delivery: o: preserve and archive broadcasting material of historical interest. Section 8 replaced 2 April 2016 section 4 Radio New Zealand Amendment Act 2016 8A: Principles of operation 1: The public radio company must, in fulfilling its Charter, exhibit a sense of social responsibility by— a: having regard to the interests of the community in which it operates; and b: endeavouring to accommodate or encourage those interests when able to do so. 2: The public radio company must, in fulfilling its Charter, ensure that it is not influenced by the commercial interests of other parties. 3: The public radio company must, in fulfilling its Charter, ensure that it operates in a financially responsible manner and, for this purpose, that it— a: prudently manages its assets and liabilities; and b: endeavours to ensure— i: its long-term financial viability; and ii: that it acts as a successful going concern. Section 8A inserted 2 April 2016 section 4 Radio New Zealand Amendment Act 2016 8B: Commercial-free broadcasting 1: The public radio company must, in fulfilling its Charter, provide its services in a commercial-free manner. 2: Subsection (1) is subject to subsection (3). 3: The public radio company may provide 1 or more of the services specified in subsection (4), if the provision of the service or services— a: is consistent with its role as a public broadcaster; and b: does not impact adversely on the provision of its services under its Charter; and c: is a fair and appropriate use of public funds. 4: Subsection (3) applies to the following: a: providing media services to countries outside New Zealand, other than Radio New Zealand International or any radio services that might replace, in whole or in part, Radio New Zealand International: b: authorising other providers of media services (whether by sale or licensing) to broadcast or publish content that has already been broadcast or published in a commercial-free manner by the public radio company: c: arranging for providers of delivery platforms to provide access to live broadcasts of the content of the public radio company, but only if— i: the content is free to access on the public radio company’s services; and ii: the content is commercial-free, whether or not the delivery platforms are free to access; and iii: any advertising or sponsorship on the delivery platforms is not expressly or impliedly presented as advertising or sponsorship carried or endorsed by the public radio company (other than announcements of the public radio company’s own services). 5: In this section,— commercial-free a: means— i: free to access; and ii: without advertising and sponsorship; but b: to avoid doubt, does not include announcements by the public radio company of its own services delivery platform a: means any method of transmitting audio, visual, or audiovisual content; and b: includes (but is not limited to) Internet sites, applications, and software. Section 8B inserted 2 April 2016 section 4 Radio New Zealand Amendment Act 2016 8C: Review of Charter 1: The House of Representatives must periodically review the Charter. 2: The first review must be undertaken and completed as soon as practicable after 5 years after the commencement of the Radio New Zealand Amendment Act 2016 3: A subsequent review must be undertaken and completed as soon as practicable after the fifth anniversary of the later of the dates specified in subsection (4). 4: For the purposes of subsection (3), the dates are— a: the date on which the select committee that reviews the Charter presents its report to the House of Representatives: b: the date on which any subsequent legislation that amends the Charter comes into force. Section 8C inserted 2 April 2016 section 4 Radio New Zealand Amendment Act 2016 8D: Reporting 1: The public radio company must include in its annual report required by section 150 2: In making the assessment, the public radio company must take into account— a: research relating to a representative selection of members of the public (including persons who are not members of its current audience); and b: the measures, if any, it has taken as a result of the research. 3: For the purposes of subsection (2)(a), the public radio company must undertake or obtain the research on a regular basis, but at least once a year. Section 8D inserted 2 April 2016 section 4 Radio New Zealand Amendment Act 2016 9: Personnel policy Section 9 repealed 25 January 2005 section 200 Crown Entities Act 2004 10: Equal employment opportunities Section 10 repealed 25 January 2005 section 200 Crown Entities Act 2004 Ministers and editorial independence of public radio company 11: Ministers and their role 1: 2: The shareholding Ministers shall exercise or perform the powers, duties, and functions conferred or imposed on them with respect to the public radio company in a manner that is consistent with the Charter of the company and with sections 8A 8B 3: The shareholding Ministers may, by written notice to the board of the public radio company, determine the amount of dividend payable by the public radio company to the Crown in respect of any financial year or years. 4: Before giving any notice under subsection (3), the shareholding Ministers must— a: have regard to the functions and principles of operation of the public radio company; and b: comply with section 115 1992 No 47 s 6 Section 11(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 11(2) amended 2 April 2016 section 5(2) Radio New Zealand Amendment Act 2016 Section 11(3) added 25 January 2005 section 200 Crown Entities Act 2004 Section 11(4) added 25 January 2005 section 200 Crown Entities Act 2004 12: Information to be laid before House of Representatives Section 12 repealed 25 January 2005 section 200 Crown Entities Act 2004 13: Ministers of the Crown not to give certain directions 1: No responsible Minister or any other Minister, and no person acting by or on behalf of or at the direction of a responsible Minister or any other Minister, may give a direction to the public radio company, or any Crown entity subsidiary of the company, or any director or officer or employee of the company or any such Crown entity subsidiary a: a particular programme or a particular allegation or a particular complaint; or b: the gathering or presentation of news or the preparation or presentation of current affairs programmes; or c: the responsibility of the company for programme standards. 2: No director of the public radio company, or of any Crown entity a: a particular programme or a particular allegation or a particular complaint; or b: the gathering or presentation of news or the preparation or presentation of current affairs programmes; or c: the responsibility of the company for programme standards. 3: Section 97(g) 1988 No 162 s 7; 1989 No 25 s 87 Section 13(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 13(2) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 13(3) added 25 January 2005 section 200 Crown Entities Act 2004 Governors of public radio company 14: Appointment of governors 1: The directors of the public radio company shall be known as governors. 2: 3: The governors of the public radio company shall be persons who, in the opinion of the responsible Minister a: b: knowledge of, or experience in, the provision of high quality public radio services: c: ability to reflect a diverse range of community views. 4: No governor of the public radio company shall be appointed to represent, or promote the views of, a particular interest group. 5: This section does not limit section 89 Section 14(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 14(3) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 14(3)(a) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 14(5) added 25 January 2005 section 200 Crown Entities Act 2004 15: Role of governors 1: 2: The governors of the public radio company shall exercise or perform the powers, duties, and functions conferred or imposed on them with respect to the company in a manner that is consistent with the Charter of the company and with sections 8A 8B 1992 No 47 s 7 Section 15(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 15(2) amended 2 April 2016 section 5(2) Radio New Zealand Amendment Act 2016 Crown entity 16: Crown entity 1: The public radio company is a Crown entity for the purposes of section 7 2: The Crown Entities Act 2004 Section 16 substituted 25 January 2005 section 200 Crown Entities Act 2004 Audit of public radio company Heading repealed 25 January 2005 section 200 Crown Entities Act 2004 17: Audit Section 17 repealed 25 January 2005 section 200 Crown Entities Act 2004 Protection of name Radio New Zealand News 18: Protection of name 1: No body shall be incorporated or registered under any enactment, or in any other manner, under the name Radio New Zealand News 2: No person other than the public radio company shall, either alone or with any other person or persons,— a: trade or carry on business, or provide radio news services, under the name Radio New Zealand News b: trade or carry on business, or provide radio news services, under any other name, knowing that the name so resembles the name Radio New Zealand News 3: Every person who contravenes subsection (2) commits an offence, and is liable on Section 18(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Provisions relating to separation 19: Change of name of companies 1: The Registrar shall— a: change the name of the existing company to The Radio Company Limited b: change the name of the public radio company to Radio New Zealand Limited c: issue new certificates of incorporation for each of the companies recording the change of names. 2: The change of names— a: takes effect from the date of the certificate issued under subsection (1); and b: subject to sections 20 21 3: Nothing in this section prevents the name of either company being changed in accordance with the provisions of Companies Act 1993 Section 19(3) amended 5 December 2013 section 14 Companies Amendment Act 2013 20: Amendments to other enactments The enactments specified in the Schedule 21: Reference to Radio New Zealand Limited in other legislation Every reference in any Act other than this Act to Radio New Zealand Limited shall be read and construed as a reference to the public radio company.

DLM371078

1995

Summary Proceedings Amendment Act 1995

1: Short Title and commencement 1: This Act may be cited as the Summary Proceedings Amendment Act 1995, and shall be read together with and deemed part of the Summary Proceedings Act 1957 2: This Act shall come into force on a date to be appointed by the Governor-General by Order in Council. 2: 3: 4: 5: 6: 7: Sections 7–8 repealed 30 June 1998 13(2)(e) Summary Proceedings Amendment Act (No 2) 1998 Section 7(3) (4) repealed 30 June 1998 16(2)(b) Summary Proceedings Amendment Act (No 2) 1998 8: Sections 7–8 repealed 30 June 1998 13(2)(e) Summary Proceedings Amendment Act (No 2) 1998 9: Effect on bond of attendance or non-attendance of person bailed by constable Section 9 repealed 1 January 2001 74(2) Bail Act 2000 See section 75 10: 11: 12: 13: 14: 15: 16: 17: Section 17 repealed 2 September 1996 4(3)(b) Summary Proceedings Amendment Act (No 2) 1996 18: Section 18 repealed 30 June 1998 37(2)(b) Summary Proceedings Amendment Act (No 2) 1998

DLM359338

1995

Adoption Amendment Act 1995

1: Short Title This Act may be cited as the Adoption Amendment Act 1995, and shall be read together with and deemed part of the Adoption Act 1955 2: Interpretation This section amended the definition of the term Maori Social Worker section 2 3: Appointment of Community Officers not to be questioned No acts done under the principal Act by any person acting as a Community Officer appointed under section 4 Maori Community Development Act 1962

DLM366224

1995

Government Superannuation Fund Amendment Act 1995

1: Short Title and commencement 1: This Act may be cited as the Government Superannuation Fund Amendment Act 1995, and shall be read together with and deemed part of The Government Superannuation Fund Act 1956 2: Except as otherwise provided in sections 2 6 7 8 19 20 1: Amendments to principal Act 2: 3: 4: 5: 6: 7: 8: 9: 10: 11: 12: 13: 14: 15: 16: 17: 18: 19: 20: Amendment to Government Superannuation Fund Amendment Act 1972 1: Section 6 Government Superannuation Fund Amendment Act 1972 subsection (6) 2: This section shall be deemed to have come into force on the 1st day of April 1988. 2: General provisions Transitional provisions relating to restructuring of board and management of fund and schemes 21: Interpretation In this Part of this Act, unless the context otherwise requires,— Board Instrument a: Any instrument (other than this Act) of any form or kind that creates, evidences, modifies, or extinguishes rights, interests, or liabilities or would do so if it, or a copy of it, were lodged, filed, or registered under any enactment: b: Any judgment, order, or process of a court: Liabilities Property a: Choses in action and money: b: Goodwill: c: Rights, interests, and claims of every kind in or to property, whether arising from, accruing under, created or evidenced by, or the subject of, an instrument or otherwise, and whether liquidated or unliquidated, actual, contingent, or prospective. 1986 No 129 2 1990 No 126 2 22: Interim management of schemes The Superintendent shall be deemed to have been appointed by the Minister under section 19 23: Interim management of investment of Fund The Superintendent shall be deemed to have been appointed by the Minister under section 19 24: Interim custodian of assets of Fund The Superintendent shall be deemed to have been appointed by the Minister under section 19A 25: Vesting of property and liabilities of Board 1: Without limiting section 19 section 19A 2: This section shall have effect notwithstanding any other enactment or rule of law or agreement. 26: Registers 1: No Registrar of Deeds or District Land Registrar or any other person charged with the keeping of any books or registers shall be obliged solely by reason of the foregoing provisions of this Act to change the name of the Board to the Superintendent in those books or registers or in any document. 2: The presentation to any registrar or other person of any instrument, whether or not comprising an instrument of transfer,— a: Executed or purporting to be executed by the Superintendent; and b: Relating to any property held immediately before the 1st day of October 1995 by the Board; and c: Containing a recital that the property has vested in the Superintendent by virtue of the provisions of this Act— shall, in the absence of evidence to the contrary, be sufficient proof that the property is vested in the Superintendent. 1986 No 129 11 1990 No 126 33 27: Assets held in Superintendent's name All assets of the Fund held by the Superintendent shall be held in the name The Superintendent of the Government Superannuation Fund 28: Certain matters not affected by restructuring Nothing effected or authorised by any provision of this Act in relation to the restructuring of the Board or the restructuring of the management of the Fund or the schemes— a: Shall be regarded as placing the Crown or the Board (or any member of the Board) or any other person in breach of, or default under, any contract, or in breach of trust, or in breach of confidence, or as otherwise making any of them guilty of a civil wrong; or b: Shall be regarded as giving rise to any cause of action against the Crown or the Board or any member of the Board; or c: Shall be regarded as giving rise to a right for any person to— i: Terminate or cancel or modify a contract or agreement; or ii: Enforce or accelerate the performance of an obligation; or iii: Require the performance of an obligation not otherwise arising for performance; or d: Shall be regarded as placing the Crown or the Board (or any member of the Board) or any other person in breach of any enactment or rule of law or contractual provision prohibiting, restricting, or regulating the assignment or transfer or issue of any property or the disclosure of any information; or e: Shall release any surety wholly or in part from all or any obligation; or f: Shall invalidate or discharge any contract or security. 1990 No 126 23 29: Taxes and duties For the purposes of the Acts specified in Schedule 1 to The Inland Revenue Department Act 1974 a: A trustee substituted for the Board (as constituted immediately before the commencement of this section) or the previous custodian, as the case may be, as trustee of the Fund: b: The same person as the Board (as so constituted). Consequential amendments 30: Consequential amendments to principal Act The principal Act is hereby consequentially amended in the manner indicated in Schedule 3 31: Consequential amendments to other Acts The enactments specified in Schedule 4 32: Amendments to Higher Salaries Commission Act 1977 1: Section 12(1) Higher Salaries Commission Act 1977 paragraph (ba) ba: To consider and make determinations with respect to the superannuation rights and obligations of those members of the House of Representatives who are not contributors under Part VI of The Government Superannuation Fund Act 1956 . 2: Section 12B(2) Higher Salaries Commission Act 1977 paragraph (b) b: The superannuation rights and obligations of those judicial officers specified in subsection (1) of this section Part IV Part V Part VA of The Government Superannuation Fund Act 1956 . 33: References to Board in enactments and instruments Unless the context otherwise requires, every reference in any enactment (other than this Act) or in any regulation, order, or notice made or given under any such enactment, or in any instrument to the Board shall be read and construed as a reference to the Superintendent.

DLM371925

1995

Domestic Violence Act 1995

1: Short Title and commencement 1: This Act may be cited as the Domestic Violence Act 1995. 2: Except as provided in subsection (3) and section 30 3: Part 6 Section 1 brought into force 1 July 1996 Domestic Violence Act Commencement Order 1996 Section 1 brought into force 15 December 1998 Domestic Violence Act Commencement Order 1998 1: Preliminary provisions 2: Interpretation In this Act, unless the context otherwise requires,— ancillary furniture order section 63 applicant a: a person who applies for an order under this Act on his or her own behalf: b: the person on whose behalf an application for an order is made pursuant to section 9 section 11 section 12 section 73 application without notice associated respondent section 17 child or in a civil union or a de facto relationship child of the applicant’s family contact section 8 country court the Family Court or the day-to-day care section 8 domestic relationship section 4(1) domestic violence section 3 dwellinghouse a: any flat or town house, whether or not occupied pursuant to a licence to occupy within the meaning of section 122 b: any mobile home, caravan, or other means of shelter placed or erected upon any land and intended for occupation on that land encourage family member a: any other person who is or has been related to the person by blood or by or through marriage, a civil union, or a de facto relationship, or by adoption: b: any other person who is a member of the person’s whanau or other culturally recognised family group: c: firearms licence section 24 foreign protection order a: means an order made by a court in a prescribed foreign country, being— i: an order to protect a person from behaviour by the person against whom the order is made, where, if the behaviour occurred in New Zealand, it would be behaviour in respect of which a protection order could be made under this Act; or ii: an order that varies, discharges, or is made in substitution for, such an order; but b: does not include— i: an order made ex parte ii: an order of an interim nature; or iii: an order made by a court in a prescribed foreign country that varies, discharges, or is made in substitution for, a New Zealand order that is registered or is otherwise enforceable in that country furniture order section 67 lawyer section 6 occupation order section 53 parenting order section 8 partner spouse or partner a: the person’s civil union partner; or b: the person’s de facto partner; or c: any other person, in any case where those persons are the biological parents of the same person prescribed foreign country a: Australia; or b: any state or territory of Australia; or c: any other country outside New Zealand that is declared, by Order in Council made under section 105 property a: the person owns; or b: the person does not own but— i: uses or enjoys; or ii: is available for the person’s use or enjoyment; or iii: is in the person’s care or custody; or iv: is at the person’s dwellinghouse protected person a: the person for whose protection the order is made: b: any child of that person’s family: c: any person for whose benefit the order applies pursuant to a direction made under section 16 protection order section 14 registered foreign protection order section 97 Registrar representative a: in relation to a minor aged 16 or under ad litem minor aged 16 or under b: in relation to a person to whom section 11 ad litem c: in relation to a person to whom section 12 ad litem respondent Secretary chief executive of the Ministry of Justice special condition section 27 specified person section 16 standard condition relating to weapons section 21 temporary order tenancy order section 57 tenant a: whose tenancy of that dwellinghouse has expired or been determined; and b: who is for the time being deemed, pursuant to any enactment or rule of law, to continue to be the tenant of the dwellinghouse;— and tenancy use domestic violence weapon Arms Act 1983 1982 No 120 s 2 Section 2 approved agency repealed 1 October 2014 section 4(2) Domestic Violence Amendment Act 2013 Section 2 child amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 2 contact inserted 31 March 2014 section 4(1) Domestic Violence Amendment Act 2013 Section 2 court amended 1 March 2017 section 261 District Court Act 2016 Section 2 day-to-day care inserted 16 November 2011 section 5 Domestic Violence Amendment Act 2011 Section 2 dwellinghouse amended 12 November 2018 section 250 Land Transfer Act 2017 Section 2 family member replaced 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 2 family member repealed 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 2 lawyer replaced 1 August 2008 section 348 Lawyers and Conveyancers Act 2006 Section 2 parenting order inserted 16 November 2011 section 5 Domestic Violence Amendment Act 2011 Section 2 partner replaced 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 2 programme repealed 1 October 2014 section 4(2) Domestic Violence Amendment Act 2013 Section 2 programme provider repealed 1 October 2014 section 4(2) Domestic Violence Amendment Act 2013 Section 2 representative amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 2 Secretary amended 1 October 2003 section 14(2) State Sector Amendment Act 2003 3: Meaning of domestic violence 1: In this Act, domestic violence 2: In this section, violence a: physical abuse: b: sexual abuse: c: psychological abuse, including, but not limited to,— i: intimidation: ii: harassment: iii: damage to property: iv: threats of physical abuse, sexual abuse, or psychological abuse: iva: financial or economic abuse (for example, denying or limiting access to financial resources, or preventing or restricting employment opportunities or access to education): v: in relation to a child, abuse of the kind set out in subsection (3). 3: Without limiting subsection (2)(c), a person psychologically abuses a child if that person— a: causes or allows the child to see or hear the physical, sexual, or psychological abuse of a person with whom the child has a domestic relationship; or b: puts the child, or allows the child to be put, at real risk of seeing or hearing that abuse occurring;— but the person who suffers that abuse is not regarded, for the purposes of this subsection, as having caused or allowed the child to see or hear the abuse, or, as the case may be, as having put the child, or allowed the child to be put, at risk of seeing or hearing the abuse. 4: Without limiting subsection (2),— a: a single act may amount to abuse for the purposes of that subsection: b: a number of acts that form part of a pattern of behaviour may amount to abuse for that purpose, even though some or all of those acts, when viewed in isolation, may appear to be minor or trivial. 5: Behaviour may be psychological abuse for the purposes of subsection (2)(c) which does not involve actual or threatened physical or sexual abuse. Section 3(2)(c)(iva) inserted 25 September 2013 section 5 Domestic Violence Amendment Act 2013 4: Meaning of domestic relationship 1: For the purposes of this Act, a person is in a domestic relationship a: is a spouse or partner b: is a family member of the other person; or c: ordinarily shares a household with the other person; or d: has a close personal relationship with the other person. 2: For the purposes of subsection (1)(c), a person is not regarded as sharing a household with another person by reason only of the fact that— a: the person has— i: a landlord-tenant relationship; or ii: an employer-employee relationship; or iii: an employee-employee relationship— with that other person; and b: they occupy a common dwellinghouse (whether or not other people also occupy that dwellinghouse). 3: For the purposes of subsection (1)(d), a person is not regarded as having a close personal relationship with another person by reason only of the fact that the person has— a: an employer-employee relationship; or b: an employee-employee relationship— with that other person. 4: Without limiting the matters to which a court may have regard in determining, for the purposes of subsection (1)(d), whether a person has a close personal relationship with another person, the court must have regard to— a: the nature and intensity of the relationship, and in particular— i: the amount of time the persons spend together: ii: the place or places where that time is ordinarily spent: iii: the manner in which that time is ordinarily spent;— but it is not necessary for there to be a sexual relationship between the persons: b: the duration of the relationship. Section 4(1)(a) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 5: Object 1: The object of this Act is to reduce and prevent violence in domestic relationships by— a: recognising that domestic violence, in all its forms, is unacceptable behaviour; and b: ensuring that, where domestic violence occurs, there is effective legal protection for its victims. 2: This Act aims to achieve its object by— a: empowering the court to make certain orders to protect victims of domestic violence: b: ensuring that access to the court is as speedy, inexpensive, and simple as is consistent with justice: c: providing, for persons who are victims of domestic violence, appropriate safety programmes d: requiring respondents and associated respondents to attend non-violence programmes e: providing more effective sanctions and enforcement in the event that a protection order is breached. 3: Any court which, or any person who, exercises any power conferred by or under this Act must be guided in the exercise of that power by the object specified in subsection (1). Section 5(2)(c) amended 1 October 2014 section 6(1) Domestic Violence Amendment Act 2013 Section 5(2)(d) amended 1 October 2014 section 6(2) Domestic Violence Amendment Act 2013 6: Act to bind the Crown This Act binds the Crown. 2: Protection orders Applications 7: Application for protection order 1: A person who is or has been in a domestic relationship with another person may apply to the court for a protection order in respect of that other person. 2: Where the person who is eligible to apply for a protection order is under 16 years of age section 9(2) 3: Where the person who is eligible to apply for a protection order is a person to whom section 11 4: Where the person who is eligible to apply for a protection order is aged 16 years or older section 12(1)(b) Section 7(2) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 7(4) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 8: Contents of application Any application for a protection order may seek— a: a direction under section 16 b: a direction under section 17 9: Applications by minors 1: Subject to subsections (2) , (2A), 2: A minor under 16 years of age 2A: Subject to sections 11 12 3: Nothing in subsection (2) or subsection (2A) minor under the age of 17 minor minor 4: Subject to sections 11 12 a: who is aged 17 years or over; and b: who wishes to apply for a protection order— must make the application on his or her own behalf, without a next friend or guardian ad litem 1980 No 94 s 158 Section 9(1) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 9(2) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 9(2A) inserted 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 9(3) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 9(4)(a) replaced 26 April 2005 section 7 Relationships (Statutory References) Act 2005 10: Applications against minors 1: No application for a protection order may be made against a minor under the age of 17 years, unless the minor is or has been married or in a civil union or de facto relationship 2: The court must not make a direction under section 17 minor under the age of 17 years, unless the minor is or has been married or in a civil union or de facto relationship 3: For the avoidance of doubt, it is hereby declared that— a: an application for a protection order may be made against a minor who is or has been married, or in a civil union or de facto relationship, b: the court may make a direction under section 17 as if the minor were of full age. Section 10(1) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 10(2) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 10(3)(a) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 11: Applications on behalf of persons lacking capacity 1: This section applies to any person aged 16 years or over a: lacks, wholly or partly, the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to his or her personal care and welfare; or b: has the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to his or her personal care and welfare, but wholly lacks the capacity to communicate decisions in respect of such matters. 2: Where a person to whom this section applies is eligible to apply for a protection order, then, in any of the circumstances referred to in any of paragraphs (a) to (c), the application must be made, on that person’s behalf, by a representative in accordance with rules of court: a: in any case where no one has power, under an appointment made under the Protection of Personal and Property Rights Act 1988 b: even though a person has power, under such an appointment, to make such an application, in any case where the person so appointed has refused or failed to do so: c: in any case where the first-mentioned person is a minor who is not a child. 3: Notwithstanding anything in the Protection of Personal and Property Rights Act 1988 section 10(1)(i) Section 11(1) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 12: Applications on behalf of certain other persons 1: This section applies where— a: a person aged 16 years or over section 11 b: that person is unable, whether by reason of physical incapacity or fear of harm or other sufficient cause, to make the application personally; and c: it is desirable that the protection order be sought on an application without notice. 2: Where this section applies, the court or a Registrar may, on an application without notice made by an adult person who is not under disability, appoint any adult person to be a representative of another person for the purpose of making and prosecuting, on behalf of that other person, an application for a protection order. 3: Where an application for the appointment of a representative is made pursuant to subsection (2), the court or Registrar must make the appointment sought if the court or, as the case requires, the Registrar is satisfied,— a: that reasonable steps have been taken to ascertain the wishes of the person to whom the application relates in relation to the matter; and b: where the wishes of that person have been able to be ascertained,— i: that the person does not object to the appointment; or ii: that the person’s objection is not freely made; and c: that it is in the best interests of the person to whom the application relates to make the appointment; and d: that the proposed appointee— i: consents in writing to the appointment; and ii: is not under disability; and e: that there is unlikely to be any conflict between the interests of the proposed appointee and the interests of the person in respect of whom the application is made. 4: The fact that an application for a protection order is made, on a person’s behalf, by a representative appointed pursuant to this section does not prevent the person on whose behalf the application is made from being heard in the proceedings. 5: Without limiting subsection (3)(b), where— a: a representative appointed pursuant to this section applies, on another person’s behalf, for a protection order; and b: at any time before the application is determined, the other person objects to the continuation of the proceedings,— then, unless the court is satisfied that the objection is not freely made, no further steps may be taken in the proceedings. Section 12(1)(a) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 13: Application without notice for protection order 1: A protection order may be made on an application without notice if the court is satisfied that the delay that would be caused by proceeding on notice would or might entail— a: a risk of harm; or b: undue hardship— to the applicant or a child of the applicant’s family, or both. 2: Without limiting the matters to which the court may have regard when determining whether to grant a protection order on an application without notice, the court must have regard to— a: the perception of the applicant or a child of the applicant’s family, or both, of the nature and seriousness of the respondent’s behaviour; and b: the effect of that behaviour on the applicant or a child of the applicant’s family, or both. 3: A protection order made on an application without notice is a temporary order that, subject to sections 76 to 80 4: Where a protection order is made on an application without notice, the respondent may,— a: notify the court, in accordance with section 76 b: apply pursuant to section 22 c: apply pursuant to section 46 d: apply pursuant to section 47 e: where a direction is made under section 51D section 51E 5: Where a protection order is made on an application without notice and, pursuant to section 17 a: notify the court, in accordance with section 76 section 79 b: apply pursuant to section 22 c: apply pursuant to section 46 d: apply pursuant to section 47 e: where a direction is made under section 51D section 51E 1982 No 120 s 5 Section 13(4)(e) replaced 1 October 2014 section 7(1) Domestic Violence Amendment Act 2013 Section 13(5)(e) replaced 1 October 2014 section 7(2) Domestic Violence Amendment Act 2013 Scope of protection orders 14: Power to make protection order 1: The court may make a protection order if it is satisfied that— a: the respondent is using, or has used, domestic violence against the applicant, or a child of the applicant’s family, or both; and b: the making of an order is necessary for the protection of the applicant, or a child of the applicant’s family, or both. 2: For the purposes of subsection (1)(a), a respondent who encourages another person to engage in behaviour that, if engaged in by the respondent, would amount to domestic violence against the applicant, or a child of the applicant’s family, or both, is regarded as having engaged in that behaviour personally. 3: Without limiting section 3(4)(b) 4: For the avoidance of doubt, an order may be made under subsection (1) where the need for protection arises from the risk of domestic violence of a different type from the behaviour found to have occurred for the purposes of paragraph (a) of that subsection. 5: Without limiting the matters that the court may consider when determining whether to make a protection order, the court must have regard to— a: the perception of the applicant, or a child of the applicant’s family, or both, of the nature and seriousness of the behaviour in respect of which the application is made; and b: the effect of that behaviour on the applicant, or a child of the applicant’s family, or both. 15: Existence of other proceedings not to preclude granting of protection order A court must not decline to make a protection order merely because of the existence of other proceedings (including, but not limited to, proceedings relating to the role of providing day-to-day care for, or contact with, or custody of Section 15 amended 1 July 2005 section 151 Care of Children Act 2004 16: Protection of persons other than applicant 1: Where the court makes a protection order, that order applies for the benefit of any child of the applicant’s family. 1A: A protection order continues to apply for the benefit of a child of the applicant's family until— a: the child ceases to be a child of the applicant's family; or b: the order sooner lapses or is discharged. 1B: If a child of the applicant's family having attained the age of 17 years continues to ordinarily or periodically reside with the applicant (an adult child a: the adult child ceases to ordinarily or periodically reside with the applicant; or b: the order sooner lapses or is discharged. 2: Subject to subsection (3), where the court makes a protection order, it may direct that the order also apply for the benefit of a particular person with whom the applicant has a domestic relationship. 3: No direction may be made pursuant to subsection (2) in respect of a person unless the court is satisfied that— a: the respondent is engaging, or has engaged, in behaviour that, if the respondent and the person were or, as the case may be, had been in a domestic relationship, would amount to domestic violence against the person; and b: the respondent’s behaviour towards the person is due, in whole or in part, to the applicant’s domestic relationship with the person; and c: the making of a direction under this section is necessary for the protection of the person; and d: where practicable, the person consents to the direction being made. 4: Subsections (2) to (5) of section 14 5: If the applicant dies at any time after a protection order is made for the protection of the applicant, then, notwithstanding the death of the applicant, the order (if it has not sooner lapsed or been discharged) continues to apply for the benefit of— a: a child who at the time of the applicant's death was a child of the applicant's family, until that child attains the age of 17 years; and b: a person in respect of whom a direction has been made under subsection (2), until the order lapses or is discharged. 6: Subsections (1A), (1B), and (5) apply in respect of a protection order regardless of whether the protection order is made before or after the commencement of those subsections. Section 16(1A) inserted 16 November 2011 section 6(1) Domestic Violence Amendment Act 2011 Section 16(1B) inserted 16 November 2011 section 6(1) Domestic Violence Amendment Act 2011 Section 16(5) inserted 16 November 2011 section 6(2) Domestic Violence Amendment Act 2011 Section 16(6) inserted 16 November 2011 section 6(2) Domestic Violence Amendment Act 2011 17: Protection from respondent’s associates 1: Subject to subsection (2), where the court makes a protection order against the respondent, the court may also direct that the order apply against a person whom the respondent is encouraging, or has encouraged, to engage in behaviour against a protected person, where that behaviour, if engaged in by the respondent, would amount to domestic violence. 2: No direction may be made under subsection (1) in respect of a person unless the court is satisfied that— a: the person is engaging, or has engaged, in behaviour against a protected person, where that behaviour, if engaged in by the respondent, would amount to domestic violence; and b: the making of a direction under this section is necessary for the protection of the protected person. 3: A direction may be made pursuant to subsection (1) whether the behaviour against a protected person was engaged in before or after the person became a protected person. 4: Subsections (2) to (5) of section 14 18: Mutual orders Where the court grants an application for a protection order, it must not also make a protection order in favour of the respondent unless the respondent has made an application for a protection order and the court has determined that application in accordance with this Act. Standard conditions of protection orders 19: Standard conditions of protection order 1: It is a condition of every protection order that the respondent must not— a: physically or sexually abuse the protected person; or b: threaten to physically or sexually abuse the protected person; or c: damage, or threaten to damage, property of the protected person; or d: engage, or threaten to engage, in other behaviour, including intimidation or harassment, which amounts to psychological abuse of the protected person; or e: encourage any person to engage in behaviour against a protected person, where the behaviour, if engaged in by the respondent, would be prohibited by the order. 2: Without limiting subsection (1), but subject to section 20 a: watch, loiter near, or prevent or hinder access to or from, the protected person’s place of residence, business, employment, educational institution, or any other place that the protected person visits often; or b: follow the protected person about or stop or accost the protected person in any place; or c: without the protected person’s express consent, enter or remain on any land or building occupied by the protected person; or d: where the protected person is present on any land or building, enter or remain on that land or building in circumstances that constitute a trespass; or e: make any other contact with the protected person (whether by telephone, electronic message, i: as is reasonably necessary in any emergency; or ii: as is permitted under any order or written agreement relating to the role of providing day-to-day care for, or contact with, or custody of iii: as is permitted under any special condition of the protection order; or iv: as is necessary for the purposes of attending a family group conference within the meaning of section 2 Oranga Tamariki Act 1989 ; or v: as is necessary for the purposes of attending a settlement conference convened under section 46Q 3: Where, pursuant to a direction made under section 17 4: References in subsection (2) of this section to the express consent of a protected person include the express consent of a person (other than the respondent or, as the case may be, the associated respondent) who is specified, in a special condition of the protection order imposed pursuant to section 27(3) 1982 No 120 ss 7, 16 Section 19(2)(e) amended 28 October 2009 section 4 Domestic Violence Amendment Act 2009 Section 19(2)(e)(ii) amended 1 July 2005 section 151 Care of Children Act 2004 Section 19(2)(e)(iv) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 19(2)(e)(iv) amended 31 March 2014 section 8(1) Domestic Violence Amendment Act 2013 Section 19(2)(e)(v) inserted 31 March 2014 section 8(2) Domestic Violence Amendment Act 2013 20: Further provisions relating to standard condition prohibiting contact 1: The standard condition contained in section 19(2) 2: The non-contact condition is automatically suspended for any period during which the protected person and the respondent, with the express consent of the protected person, live in the same dwellinghouse. 3: Where the non-contact condition is suspended in accordance with subsection (2), and the protected person subsequently withdraws his or her consent to the respondent living in the same dwellinghouse, then (unless the protection order has been sooner discharged) the non-contact condition automatically revives. 4: The non-contact condition— a: may become suspended in accordance with subsection (2) on 1 or more occasions: b: may revive in accordance with subsection (3) on 1 or more occasions. 5: Where, pursuant to a direction made under section 17 6: References in this section to the consent of a protected person, or to the withdrawal of a protected person’s consent, include, as the case requires,— a: the consent of a person (other than the respondent or, as the case may be, the associated respondent) who is specified, in a special condition of the protection order imposed pursuant to section 27(3) b: the withdrawal of consent by such a person. Standard condition relating to weapons 21: Standard condition relating to weapons 1: Subject to section 22 a: that the respondent must not possess, or have under his or her control, any weapon; and b: that the respondent must not hold a firearms licence; and c: that the respondent must,— i: as soon as practicable after the service on him or her of a copy of the protection order, but in any case no later than 24 hours after such service; and ii: on demand made, at any time, by any constable surrender to a constable iii: any weapon in the respondent’s possession or under the respondent’s control, whether or not any such weapon is lawfully in the respondent’s possession or under the respondent’s control; and iv: any firearms licence held by the respondent. 2: Subject to section 22 a: where the protection order is a temporary order, any firearms licence held by the respondent is deemed to be suspended: b: where the protection order is a final order, any firearms licence held by the respondent is deemed to be revoked. 3: The respondent does not fail to comply with the standard condition contained in subsection (1) merely by having in his or her possession, or having under his or her control, any weapon or any firearms licence, where,— a: in the case of a weapon, the weapon was in his or her possession, or under his or her control, immediately before the making of the protection order; and b: in the case of a weapon or a firearms licence, the weapon or licence is in his or her possession, or under his or her control, during the period necessary to comply with the terms of that standard condition that relate to the surrender of the weapon or licence. 4: Subject to section 22 a: the reference in subsection (1)(c)(i) to service of a copy of the protection order is to be read as a reference to service of a copy of the order by which the standard condition is so included: b: the references in subsections (2) and (3)(a) to the making of a protection order are to be read as references to the making of the order by which the standard condition is so included,— and the provisions of this Act apply accordingly with all necessary modifications. 5: Subject to section 22 section 17 Section 21(1)(c) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 21(1)(c)(ii) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 22: Court may dispense with, modify, discharge, or re-impose standard condition relating to weapons 1: Where,— a: the court makes a final protection order on an application on notice; or b: pursuant to section 80(1) i: discharges a temporary protection order and makes a final protection order in its place; or ii: confirms a temporary protection order to the extent that it has not already become final,— the court may, subject to section 23 c: direct that the standard condition relating to weapons is not to be a condition of the protection order; or d: modify the terms of that standard condition. 2: Subject to section 23 a: where the standard condition relating to weapons is not a condition of the protection order, by directing that the standard condition relating to weapons (whether with or without modification) is to be a condition of the protection order: b: where the standard condition relating to weapons is a condition of the protection order (whether with or without modification), by— i: discharging the standard condition relating to weapons: ii: modifying the terms of that standard condition. 3: Subject to section 23 a: where the standard condition relating to weapons is not a condition of the protection order, by directing that the standard condition relating to weapons (whether with or without modification) is to be a condition of the protection order: b: where the standard condition relating to weapons is a condition of the protection order (whether with or without modification), by— i: discharging the standard condition relating to weapons: ii: modifying the terms of that standard condition. 4: For the avoidance of doubt (but without limiting subsection (3)), it is hereby declared that a court may— a: direct that the standard condition relating to weapons— i: is not to be a condition of a protection order, in so far as the protection order relates to the respondent; but ii: is to be a condition of a protection order (whether with or without modification), in so far as the protection order relates to the associated respondent: b: discharge the standard condition relating to weapons in so far as the condition relates to the respondent, but not in so far as the condition relates to the associated respondent. 5: Where an application is made under subsection (2) or subsection (3) in respect of a temporary protection order, the Registrar must assign a hearing date, which must be— a: as soon as practicable; and b: unless there are special circumstances, in no case later than 42 days after the application is made. 6: Sections 9 11 12 a: any application under this section, on behalf of a protected person, for— i: a direction that the standard condition relating to weapons be a condition of a protection order; or ii: the modification or discharge of the standard condition relating to weapons; and b: the defending, on behalf of a protected person, of any such application made by the respondent or the associated respondent— as they apply in relation to the making of an application for a protection order. 23: Further provisions relating to powers conferred by section 22 1: A court must not exercise the power conferred by section 22 a: to direct that the standard condition relating to weapons is not to be a condition of a protection order; or b: to discharge the standard condition relating to weapons— unless the court is satisfied that the standard condition relating to weapons is not necessary for the protection of the persons for whose benefit the protection order applies from further domestic violence. 2: Subject to subsection (3), a court may only exercise the power conferred by section 22 a: to permit a person to whom the standard condition applies to have in his or her possession, or have under his or her control, a specified weapon, or weapons of a specified class, either unconditionally or subject to such conditions as the court thinks fit: b: where necessary, to permit such a person to hold a firearms licence: c: in any case where the terms of the standard condition have already been modified so as to make them less onerous than the terms set out in section 21 3: A court may exercise the power conferred by section 22 a: that the standard condition relating to weapons, in the terms set out in section 21 b: that the standard condition relating to weapons, in the terms proposed, will sufficiently protect those persons from further domestic violence. 4: In determining whether or not to exercise any of the powers conferred by section 22 a: the need to protect those persons for whose benefit the protection order applies from further domestic violence is the paramount consideration; and b: without limiting paragraph (a), the court must, so far as is practicable, have regard to the following matters: i: whether the persons for whose benefit the protection order applies consent to the exercise of the power in the manner proposed: ii: with respect to any domestic violence that is relevant in relation to the exercise of the power, the nature and seriousness of that domestic violence, and how recently that domestic violence occurred: iii: the effect that the terms of the standard condition relating to weapons is having, or will have, on the persons to whom the condition applies, or will apply, if the powers are not exercised in the manner proposed: iv: such other matters as the court considers relevant. 5: Where the terms of the standard condition relating to weapons are modified pursuant to section 22 section 21 6: The fact that— a: the standard condition relating to weapons has been discharged pursuant to section 22 b: the terms of the standard condition relating to weapons have been modified pursuant to that section— does not oblige any Police employee Section 23(6) amended 1 October 2008 section 130(1) Policing Act 2008 24: Further provisions relating to effect of standard condition relating to weapons 1: Where— a: a temporary protection order becomes a final order in accordance with section 77(1) b: at the time the order becomes final, any firearms licence held by the respondent or an associated respondent is suspended pursuant to section 21(2) that firearms licence is deemed to be revoked. 2: Where a person’s firearms licence is suspended pursuant to section 21(2) a: that person is deemed, for all purposes, not to be the holder of a firearms licence during the period of the suspension; but b: immediately on that suspension ceasing to be in force, then, except where the firearms licence is revoked (whether pursuant to subsection (1) or otherwise) or ceases to be in force, that firearms licence revives. 3: Where, pursuant to subsection (1) or section 21 section 27 a: limits the terms of the standard condition relating to weapons; or b: confers on any person any right to appeal to any court, other than under section 91 25: Retention, return, and disposal of surrendered weapons and licences 1: Where a person to whom the standard condition relating to weapons applies surrenders any weapon to a constable section 21 a: in any case where the person’s firearms licence is suspended by virtue of section 21(2) i: subject to subparagraph (ii), to paragraphs (b) and (c), and to section 22 ii: subject to paragraph (c), the person whose firearms licence is suspended may, at any time during the period of the suspension, if the weapon is owned by him or her, sell or otherwise dispose of the weapon to a person approved for the purpose by a constable b: in any case where the person’s firearms licence is revoked by virtue of section 21(2) section 24(1) subsections (2) to (4) of section 28 constable c: if, at the time of the surrender of the weapon, the person was not lawfully entitled to possess the weapon (disregarding, for that purpose, the effect of the standard condition relating to weapons), the weapon is deemed to have been seized and detained pursuant to the Arms Act 1983 sections 65 70 d: in any other case,— i: subject to subparagraph (ii), to paragraph (c), and to section 22 ii: subject to paragraph (c), the person may, at any time during the period during which the standard condition relating to weapons remains in force, if the weapon is owned by him or her, sell or otherwise dispose of the weapon to a person approved for the purpose by a constable 2: Where a person’s firearms licence is suspended pursuant to subsection (2) of section 21 constable Section 25(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 25(1)(a)(ii) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 25(1)(b) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 25(1)(d)(ii) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 25(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 26: Arms Act 1983 not affected 1: Nothing in any of sections 21 to 25 Arms Act 1983 a: the revocation of any firearms licence; or b: the seizure of any weapon. 2: Where— a: a person’s firearms licence is suspended pursuant to section 21(2) b: during the period of that suspension, that firearms licence is revoked pursuant to the Arms Act 1983 that suspension ceases to be in force. Special conditions of protection orders 27: Court may impose special conditions 1: Where the court makes a protection order, it may impose any conditions that are reasonably necessary, in the opinion of the court, to protect the protected person from further domestic violence by the respondent, or the associated respondent, or both. 2: Without limiting subsection (1), a condition imposed under subsection (1) may relate to— a: the manner in which arrangements for access to a child are to be implemented: b: the manner and circumstances in which the respondent or the associated respondent, or both, may make contact with the protected person. 3: Without limiting subsection (1), the court may impose, as a condition of a protection order, a condition specifying a person who, for the purposes of sections 19(2) 20 28 a: to consent on behalf of the protected person; and b: to withdraw such consent. 4: Where the court imposes a condition under this section, it may specify the period during which the condition is to have effect. 5: In the absence of a direction under subsection (4), and subject to section 28 28: Further provisions relating to certain special conditions 1: This section applies to any special condition of a protection order, where the special condition is inconsistent with the protected person and the respondent living in the same dwellinghouse. 2: Subject to sections 27(4) 46 3: A special condition to which this section applies is automatically suspended for any period during which the protected person and the respondent, with the express consent of the protected person, live in the same dwellinghouse. 4: Where a special condition to which this section applies is suspended in accordance with subsection (3), and the protected person subsequently withdraws his or her consent to the respondent living in the same dwellinghouse, then (unless the protection order has been sooner discharged, and subject to sections 27(4) 46 5: A special condition to which this section applies— a: may become suspended in accordance with subsection (3) on 1 or more occasions: b: may revive in accordance with subsection (4) on 1 or more occasions. 6: Where, pursuant to a direction made under section 17 7: References in this section to the consent of a protected person, or to the withdrawal of a protected person’s consent, include, as the case requires,— a: the consent of a person (other than the respondent or, as the case may be, the associated respondent) who is specified, in a special condition of the protection order imposed pursuant to section 27(3) b: the withdrawal of consent by such a person. Interim care and contact orders Heading inserted 16 November 2011 section 7 Domestic Violence Amendment Act 2011 28B: Interim orders in respect of child of applicant's family 1: This section applies when— a: an application has been made to the Family Court for a protection order; and b: there is a child of the applicant's family. 2: The Family Court may make 1 or more of the following orders if it considers the order or orders are necessary to protect the welfare and best interests of the child concerned: a: an interim order or orders about the role of providing day-to-day care for, or about contact with, a child of the applicant's family: b: any interim order or orders varying any order of the kind referred to in paragraph (a). 3: An order must not be made under subsection (2) in respect of a child of the applicant's family of or over the age of 16 years unless there are special circumstances. Section 28B inserted 16 November 2011 section 7 Domestic Violence Amendment Act 2011 28C: Duration of interim order An interim order made under section 28B a: the date that is 1 year after the day on which the order is made; or b: the date that the child attains the age of 16 years, unless the Family Court in special circumstances orders otherwise on or after making the order. Section 28C inserted 16 November 2011 section 7 Domestic Violence Amendment Act 2011 28D: Application for parenting order under Care of Children Act 2004 must be made 1: Where 1 or more interim orders have been made under section 28B Care of Children Act 2004 2: For the purposes of section 16(1) Part 2 Section 28D inserted 16 November 2011 section 7 Domestic Violence Amendment Act 2011 Programmes Heading repealed 1 October 2014 section 9 Domestic Violence Amendment Act 2013 29: Programmes for protected persons Section 29 repealed 1 October 2014 section 9 Domestic Violence Amendment Act 2013 30: Commencement of section 29 Section 30 repealed 1 October 2014 section 9 Domestic Violence Amendment Act 2013 31: Joint programme sessions Section 31 repealed 1 October 2014 section 9 Domestic Violence Amendment Act 2013 32: Power to direct respondent or associated respondent to attend programme Section 32 repealed 1 October 2014 section 9 Domestic Violence Amendment Act 2013 33: Terms of direction that respondent or associated respondent attend programme Section 33 repealed 1 October 2014 section 9 Domestic Violence Amendment Act 2013 34: Registrar to notify programme provider to whom respondent or associated respondent is referred Section 34 repealed 1 October 2014 section 9 Domestic Violence Amendment Act 2013 35: Programme provider to arrange meeting with respondent or associated respondent Section 35 repealed 1 October 2014 section 9 Domestic Violence Amendment Act 2013 36: Direction to attend programme made on application without notice Section 36 repealed 1 October 2014 section 9 Domestic Violence Amendment Act 2013 37: Court may confirm or discharge direction Section 37 repealed 1 October 2014 section 9 Domestic Violence Amendment Act 2013 38: Respondent or associated respondent excused from attending Section 38 repealed 1 October 2014 section 9 Domestic Violence Amendment Act 2013 39: Notice of absence from programme Section 39 repealed 1 October 2014 section 9 Domestic Violence Amendment Act 2013 40: Notice of conclusion of programme Section 40 repealed 1 October 2014 section 9 Domestic Violence Amendment Act 2013 41: Programme provider may request variation of direction Section 41 repealed 1 October 2014 section 9 Domestic Violence Amendment Act 2013 41A: Powers of Registrar on receipt of notice under section 39 or 41 Section 41A repealed 1 October 2014 section 9 Domestic Violence Amendment Act 2013 42: Judge may call respondent or associated respondent before court Section 42 repealed 1 October 2014 section 9 Domestic Violence Amendment Act 2013 42A: Respondent or associated respondent called before court Section 42A repealed 1 October 2014 section 9 Domestic Violence Amendment Act 2013 43: Confidentiality of information disclosed to programme provider Section 43 repealed 1 October 2014 section 9 Domestic Violence Amendment Act 2013 44: Programme providers’ fees and expenses Section 44 repealed 1 October 2014 section 9 Domestic Violence Amendment Act 2013 Duration, variation, and discharge of protection orders 45: Duration of protection order 1: A temporary protection order continues in force until— a: the order becomes a final order in accordance with section 77(1) b: the order lapses pursuant to section 77(4) c: the order is discharged pursuant to section 80 2: A final protection order continues in force until it is discharged pursuant to section 47 46: Power to vary protection order 1: The court may, if it thinks fit, on the application of the applicant or the respondent, vary a protection order— a: by varying or discharging any special condition of the protection order: b: by imposing any special condition: c: by varying or discharging a direction made pursuant to section 51D d: by making a direction pursuant to section 51D 2: Where a protection order applies against an associated respondent, the court may, if it thinks fit, on the application of the applicant or the associated respondent, vary the protection order, in so far as it relates to the associated respondent,— a: by varying or discharging any special condition of the protection order: b: by imposing any special condition: c: by varying or discharging a direction made pursuant to section 51D d: by making a direction pursuant to section 51D 3: The court may, if it thinks fit, on the application of the applicant, vary a protection order— a: by directing, pursuant to section 16(2) b: by directing, pursuant to section 17 4: The court may, if it thinks fit, on the application of a specified person (other than a child), vary a protection order— a: by varying or discharging any special condition of the protection order, in so far as the special condition relates to the specified person: b: by imposing a special condition that relates to that specified person. 5: Where an application is made under this section in respect of a temporary protection order, the Registrar must assign a hearing date, which must be— a: as soon as practicable; and b: unless there are special circumstances, in no case later than 42 days after the application is made. Section 46(1)(c) amended 1 October 2014 section 10(1) Domestic Violence Amendment Act 2013 Section 46(1)(d) amended 1 October 2014 section 10(1) Domestic Violence Amendment Act 2013 Section 46(2)(c) amended 1 October 2014 section 10(2) Domestic Violence Amendment Act 2013 Section 46(2)(d) amended 1 October 2014 section 10(2) Domestic Violence Amendment Act 2013 47: Power to discharge protection order 1: The court may, if it thinks fit, on the application of the applicant or the respondent, discharge a protection order. 2: On an application under subsection (1), the court may discharge a protection order even though the order— a: applies for the benefit of a specified person pursuant to a direction made under section 16(2) b: applies against an associated respondent pursuant to a direction made under section 17 3: Where a protection order to which subsection (2) relates is discharged, the order ceases to have effect for the benefit of the specified person or, as the case requires, against the associated respondent, as if that person had applied for and been granted a discharge of the order pursuant to subsection (4). 4: Where a protection order— a: applies for the benefit of a specified person pursuant to a direction made under section 16(2) b: applies against an associated respondent pursuant to a direction made under section 17 the specified person or, as the case may be, the associated respondent may apply for the order to be discharged in so far as it relates to him or her. 5: On an application under subsection (4), the court may, if it thinks fit, discharge a protection order in so far as it relates to that specified person or, as the case may be, that associated respondent. 6: Where an application is made under this section in respect of a temporary protection order, the Registrar must assign a hearing date, which must be— a: as soon as practicable; and b: unless there are special circumstances, in no case later than 42 days after the application is made. 1982 No 120 s 8 48: Variation or discharge on behalf of protected person Sections 9 11 12 a: any application, on behalf of a protected person, for the variation or discharge of a protection order under this Act; and b: the defending, on behalf of a protected person, of any such application made by the respondent or the associated respondent— as they apply in relation to the making of an application for a protection order. Enforcement of protection orders 49: Offence to breach protection order 1: Every person commits an offence who breaches a protection order by— a: doing any act in contravention of the protection order; or b: failing to comply with any condition of the protection order. 2: It is a defence in a prosecution for an offence under subsection (1) if the defendant proves that he or she had a reasonable excuse for breaching the protection order. 3: Every person who is convicted 3 years 4: To avoid doubt, a failure to comply with a direction made under section 51D Section 49 replaced 28 October 2009 section 7(1) Domestic Violence Amendment Act 2009 Section 49(3) amended 25 September 2013 section 11(1) Domestic Violence Amendment Act 2013 Section 49(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 49(4) amended 1 October 2014 section 11(2) Domestic Violence Amendment Act 2013 49A: Offence to fail to comply with direction Section 49A repealed 1 October 2014 section 12 Domestic Violence Amendment Act 2013 50: Power to arrest for breach of protection order Where a protection order is in force, any constable may arrest, without warrant, any person who the constable has good cause to suspect has— a: contravened the protection order; or b: failed to comply with any condition of the protection order. Section 50 replaced 28 October 2009 section 8 Domestic Violence Amendment Act 2009 51: Release of person arrested Section 51 repealed 1 January 2001 section 74(2) Bail Act 2000 2A: Programmes Part 2A inserted 25 September 2013 section 13 Domestic Violence Amendment Act 2013 51A: Interpretation In this Part, unless the context otherwise requires,— approval section 51B assessment a: the extent to which the respondent poses a safety risk to any person or the public; and b: what, if any, non-violence programme is the most appropriate for the respondent to attend non-violence programme a: is provided by a service provider; and b: is provided to a respondent; and c: has the primary objective of stopping or preventing domestic violence on the part of the respondent programmes a: safety programmes; and b: non-violence programmes respondent safety programme a: is provided by a service provider; and b: is provided to a protected person; and c: has the primary objective of promoting (whether by education, information, support, or otherwise) the protection of the protected person from domestic violence service provider a: undertake assessments: b: provide programmes. Section 51A inserted 25 September 2013 section 13 Domestic Violence Amendment Act 2013 Approval of service providers Heading inserted 25 September 2013 section 13 Domestic Violence Amendment Act 2013 51B: Service providers 1: The Secretary may decide to grant, suspend, or cancel an approval of a person or an organisation as a service provider. 2: A person or an organisation seeking an approval under subsection (1) section 127(a)(i) 3: In deciding whether to grant, suspend, or cancel an approval under subsection (1) section 127(a)(ii) 4: The Secretary must publish on an Internet site maintained by or on behalf of the Ministry of Justice a list of service providers. Section 51B inserted 25 September 2013 section 13 Domestic Violence Amendment Act 2013 Safety programmes Heading inserted 1 October 2014 section 13 Domestic Violence Amendment Act 2013 51C: Safety programmes for protected persons 1: Where the court makes a protection order,— a: the applicant, or the applicant's representative, may request the Registrar to authorise the provision of a safety programme to all or any of the following persons: i: the applicant: ii: a child of the applicant's family: iii: a specified person; and b: a specified person (other than a child) may request the Registrar to authorise the provision of a safety programme to that specified person if no request has been made under paragraph (a)(iii). 2: Where, at the time the protection order is made, the applicant has not made a request pursuant to this section, and the applicant is not legally represented, the Judge or the Registrar must cause the applicant to be informed of the applicant's right to make such a request. 3: A request may be made under subsection (1) at any time while the protection order remains in force. 4: Where a request is made to a Registrar under subsection (1), the Registrar must arrange for the matter to be referred to a service provider without delay. 5: The number of safety programme sessions to be provided to a protected person by a service provider to whom a referral has been made under subsection (4) is to be determined by the Registrar following discussion with the service provider. 6: Every lawyer acting for an applicant for a protection order must— a: ensure that the applicant is aware of the applicant's right to make a request under this section; and b: where the applicant wishes to exercise that right, take such further steps as the lawyer considers necessary to enable the applicant to do so. Section 51C inserted 1 October 2014 section 13 Domestic Violence Amendment Act 2013 Non-violence programmes Heading inserted 1 October 2014 section 13 Domestic Violence Amendment Act 2013 51D: Direction to attend assessment and non-violence programme 1: On making a protection order, the court must direct the respondent to— a: undertake an assessment; and b: attend a non-violence programme. 2: The court need not make a direction under subsection (1) if— a: there is no service provider available; or b: the court considers that there is any other good reason for not making a direction. Section 51D inserted 1 October 2014 section 13 Domestic Violence Amendment Act 2013 51E: Direction to attend non-violence programme made on application without notice 1: This section applies where the court makes a direction under section 51D 2: Where this section applies,— a: the direction does not take effect until 10 working days after a copy of the direction is served on the respondent; and b: the respondent may, within those 10 working days, notify the court that he or she objects to the direction. 3: Where the respondent notifies the court, in accordance with subsection (2)(b), that he or she objects to the direction,— a: the Registrar must, if the respondent wishes to be heard, assign a hearing date, which must be— i: as soon as practicable; and ii: unless there are special circumstances, in no case later than 42 days after receipt of the notice of objection; and b: the direction is suspended from the date on which the court receives the notice of objection until the court, after considering the respondent's objection, confirms (whether with or without variation) or discharges the direction. 4: Nothing in this section or section 51F section 76 79 Section 51E inserted 1 October 2014 section 13 Domestic Violence Amendment Act 2013 51F: Court may confirm or discharge direction after considering objection made under section 51E 1: After considering an objection, made under section 51E a: confirm the direction; or b: vary the direction; or c: discharge the direction. 2: Where, pursuant to subsection (1), the court confirms or varies a direction, then, if the respondent is before the court, the Judge must warn the respondent that non-compliance with the direction is an offence punishable by imprisonment. 3: Failure to give the warning required by subsection (2) does not affect the validity of the direction confirmed or varied. Section 51F inserted 1 October 2014 section 13 Domestic Violence Amendment Act 2013 51G: Referral of respondent to service provider 1: After the court has made a direction under section 51D a: arrange for the respondent to be referred to a service provider; and b: notify the service provider of the direction made under section 51D 2: This section is subject to section 51E Section 51G inserted 1 October 2014 section 13 Domestic Violence Amendment Act 2013 51H: Service provider to meet with respondent As soon as possible after receiving a notification under section 51G a: undertake an assessment of the respondent; and b: determine whether there is an appropriate non-violence programme for the respondent to attend. Section 51H inserted 1 October 2014 section 13 Domestic Violence Amendment Act 2013 51I: Service provider to notify Registrar about safety concerns 1: This section applies if a service provider has concerns about the safety of a protected person— a: after undertaking an assessment of the respondent; or b: during the provision of a non-violence programme to a respondent. 2: The service provider must, without delay, notify the Registrar of those concerns. 3: On receiving a notification under subsection (2), the Registrar must— a: forward a copy of the notification to a Judge; and b: arrange for the protected person to be advised of the service provider's concerns. 4: On receiving a copy of a notification under subsection (3)(a), the Judge may make such orders or directions as the Judge thinks fit in the circumstances. Section 51I inserted 1 October 2014 section 13 Domestic Violence Amendment Act 2013 51J: Referral to different service provider 1: This section applies if a service provider, after undertaking an assessment of the respondent,— a: determines that there is an appropriate non-violence programme for the respondent to attend; but b: is not able to provide that programme to the respondent. 2: The service provider must— a: notify the Registrar; and b: send to the Registrar the following information: i: the result of the assessment of the respondent undertaken by the service provider; and ii: any other information relating to the respondent that is held by the service provider. 3: After receiving a notification under subsection (2)(a) and the information referred to in subsection (2)(b), the Registrar must make a new referral under section 51G Section 51J inserted 1 October 2014 section 13 Domestic Violence Amendment Act 2013 51K: Judge may discharge direction to attend non-violence programme in certain cases 1: This section applies if a service provider, after undertaking an assessment of a respondent, determines that— a: there is an appropriate non-violence programme for the respondent to attend but that— i: the respondent's attendance at the programme should be delayed to enable other matters to first be addressed; or ii: it would not be appropriate for the respondent to attend the programme; or b: there is not an appropriate non-violence programme for the respondent to attend. 2: The service provider must notify the Registrar, and the Registrar must bring the matter to the attention of a Judge. 3: When a matter is brought to the attention of a Judge under subsection (2), the Judge must— a: discharge the direction made under section 51D(1)(b) b: make such other orders or directions as the Judge thinks fit in the circumstances. Section 51K inserted 1 October 2014 section 13 Domestic Violence Amendment Act 2013 51L: Service provider and respondent to settle terms of attendance at non-violence programme 1: Before providing a non-violence programme to a respondent, the service provider must settle in writing with the respondent the terms of attendance, which must include— a: the number of programme sessions that the respondent must attend; and b: the place, date, and time of the first programme session, and all subsequent sessions, that the respondent must attend. 2: The service provider must provide to the Registrar a copy of the terms of attendance that the service provider has settled with the respondent. 3: If a service provider is not able to settle with a respondent the terms of attendance, the service provider must notify the Registrar. 4: On receipt of a notice under subsection (3), the Registrar must— a: settle the terms of attendance with the respondent and the service provider; or b: bring the matter to the attention of a Judge. 5: When a matter is brought to the attention of a Judge under subsection (4)(b), the Judge may make such further directions as the Judge thinks fit in the circumstances. Section 51L inserted 1 October 2014 section 13 Domestic Violence Amendment Act 2013 51M: Notice to be given to court if continued provision of non-violence programme inappropriate 1: Subsection (2) applies if at any time during the provision of a non-violence programme the service provider considers that— a: it is no longer appropriate or practicable for the service provider to provide the programme to the respondent; or b: the respondent is not participating fully in the programme, and that this is significantly affecting the respondent's ability to benefit fully from the programme. 2: The service provider must— a: notify the Registrar; and b: send to the Registrar all information relating to the respondent that is held by the service provider. 3: After receiving a notification under subsection (2)(a) and the information referred to in subsection (2)(b), the Registrar must— a: make a new referral under section 51G b: bring the matter to the attention of a Judge. 4: When a matter is brought to the attention of a Judge under subsection (3)(b), the Judge may make such other orders or directions as the Judge thinks fit in the circumstances. Section 51M inserted 1 October 2014 section 13 Domestic Violence Amendment Act 2013 Non-compliance with direction to attend assessment and non-violence programme Heading inserted 1 October 2014 section 13 Domestic Violence Amendment Act 2013 51N: Notice of non-compliance with direction 1: This section applies if the court makes a direction under section 51D a: undertake an assessment with the service provider to whom notice of the direction has been given under section 51G b: attend a non-violence programme in accordance with terms of attendance settled under section 51L 2: The service provider must give written notice to the Registrar of the respondent's failure. 3: Notice under subsection (2) must be given within 7 days of the respondent's failure. Section 51N inserted 1 October 2014 section 13 Domestic Violence Amendment Act 2013 51O: Powers of Registrar on receipt of notice under section 51N 1: On receiving a notice under section 51N a: exercise the powers under section 82 b: bring the matter to the attention of a Judge so that the Judge may consider whether to exercise the power conferred by section 51P 2: If the Registrar exercises the powers under section 82 Section 51O inserted 1 October 2014 section 13 Domestic Violence Amendment Act 2013 51P: Judge may call respondent before court 1: If, under section 51O(1)(b) 2: A Judge may exercise the powers under section 82 3: If a Judge exercises the powers under section 82 Section 51P inserted 1 October 2014 section 13 Domestic Violence Amendment Act 2013 51Q: Respondent called before court 1: If a respondent appears before the court under section 51O(1)(a) 51P(2) 2: If the court confirms or varies a direction under subsection (1), the Judge must warn the respondent that non-compliance with the direction is an offence punishable by imprisonment. 3: Failure to give the warning required by subsection (2) does not affect the validity of the direction confirmed or varied. Section 51Q inserted 1 October 2014 section 13 Domestic Violence Amendment Act 2013 Completion of non-violence programme Heading inserted 1 October 2014 section 13 Domestic Violence Amendment Act 2013 51R: Notice of completion and outcome of non-violence programme 1: When a respondent has completed a non-violence programme, the service provider must, without delay, provide to the Registrar a report that— a: states whether, in the opinion of the service provider, the respondent has achieved the objectives of the non-violence programme; and b: advises of any concerns that the service provider has about the safety of any protected person. 2: On receiving a report under subsection (1), the Registrar must— a: forward a copy of that report to a Judge; and b: arrange for the protected person to be notified— i: that the respondent has completed a non-violence programme; and ii: that a report has been provided by the service provider of that non-violence programme under subsection (1); and iii: of any concerns that the service provider has about the safety of the protected person advised in that report. 3: On receiving a copy of a report under subsection (2)(a), the Judge may make such orders or directions as the Judge thinks fit in the circumstances. Section 51R inserted 1 October 2014 section 13 Domestic Violence Amendment Act 2013 Confidentiality of information Heading inserted 1 October 2014 section 13 Domestic Violence Amendment Act 2013 51S: Confidentiality of information disclosed to service provider 1: In this section, unless the context otherwise requires, information 2: Information received by a service provider in the course of providing a programme may not— a: be disclosed to any other person; or b: be admitted as evidence in any court or before any person acting judicially. 3: However, nothing in subsection (2) prohibits the disclosure of information received by a service provider in the course of providing a programme if that disclosure is made— a: for the purpose of giving a notification to a Registrar under— i: section 51I(2) ii: section 51J(2) iii: section 51K(2) iv: section 51L(3) v: section 51M(2) b: for the purpose of a Registrar making a referral under— i: section 51J(3) ii: section 51M(3)(a) c: for the purpose of any proceedings under— i: section 51O ii: section 51P d: for the purposes of investigating or prosecuting— i: an offence against section 51T ii: an offence committed or alleged to have been committed during the provision of a programme: e: in circumstances in which the service provider believes, on reasonable grounds, that the disclosure is necessary to prevent or lessen a serious threat to public safety or the safety of any person: f: with the authority of the person who disclosed the information to the service provider. Section 51S inserted 1 October 2014 section 13 Domestic Violence Amendment Act 2013 Enforcement of directions Heading inserted 1 October 2014 section 13 Domestic Violence Amendment Act 2013 51T: Offence to fail to comply with direction A respondent who fails, without reasonable excuse, to comply with a direction made under section 51D a: a fine not exceeding $5,000; or b: a term of imprisonment not exceeding 6 months. Section 51T inserted 1 October 2014 section 13 Domestic Violence Amendment Act 2013 3: Orders relating to property Occupation orders 52: Application for occupation order Any person aged 16 years or over 1982 No 120 s 19 Section 52 amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 53: Power to make occupation order 1: Subject to section 74 Property (Relationships) Act 1976 2: The court may make an order under subsection (1) only if it is satisfied that the order— a: is necessary for the protection of the applicant; or b: is in the best interests of a child of the applicant’s family. 3: An order may be made under this section in respect of a dwellinghouse whether or not— a: the parties have ever lived in the same dwellinghouse, whether in the dwellinghouse to which the order relates or any other dwellinghouse; or b: either party lives in the dwellinghouse at the time the order is made. 4: In determining whether to make an order under this section, the court must have regard to the reasonable accommodation needs of all persons who may be affected by the order. 5: An order made under this section may be— a: for such period or periods; and b: on such terms and conditions relating to the occupation of the dwellinghouse to which the order relates,— as the court thinks fit. 1982 No 120 s 21 Section 53(1) amended 1 February 2002 section 64(2) Property (Relationships) Amendment Act 2001 54: Effect of occupation order 1: The person in whose favour an occupation order is made is entitled, to the exclusion of the person against whom the order is made, to personally occupy the dwellinghouse to which the order relates, together with any land, buildings, or improvements appurtenant to that dwellinghouse which are used, or ordinarily would be used, for the purposes of a household. 2: An occupation order is enforceable as if it were an order for the recovery of land made pursuant to section 79(2)(c) 1982 No 120 s 22 Section 54(2) amended 1 March 2017 section 261 District Court Act 2016 55: Power to vary or discharge occupation order 1: On the application of either party, or of the personal representative of either party, the court may, if it thinks fit, make an order— a: extending or reducing any period specified by the court pursuant to section 53(5) b: varying or discharging any terms and conditions imposed by the court pursuant to section 53(5) c: discharging the occupation order. 2: Where an application is made under this section in respect of a temporary occupation order, the Registrar must assign a hearing date, which must be— a: as soon as practicable; and b: unless there are special circumstances, in no case later than 42 days after the application is made. 1982 No 120 s 23 Tenancy orders 56: Application for tenancy order 1: Any person aged 16 years or over a: the sole tenant; or b: a tenant holding jointly, or in common, with the applicant. 2: In this section, dwellinghouse a: any furniture or other household effects let with the dwellinghouse; and b: any land, outbuildings, or parts of buildings included in the tenancy. 1982 No 120 s 24 1987 No 136 s 2 Section 56(1) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 57: Power to make tenancy order 1: Subject to section 74 Property (Relationships) Act 1976 2: The court may make an order under subsection (1) only if it is satisfied that the order— a: is necessary for the protection of the applicant; or b: is in the best interests of a child of the applicant’s family. 3: In determining whether to make an order under this section, the court must have regard to the reasonable accommodation needs of all persons who may be affected by the order. 1982 No 120 s 26 Section 57(1) amended 1 February 2002 section 64(2) Property (Relationships) Amendment Act 2001 58: Effect of tenancy order 1: Where a tenancy order takes effect, then, unless the tenancy is sooner lawfully determined,— a: the applicant becomes the tenant of the dwellinghouse upon and subject to the terms and conditions of the tenancy in force at the time the order is made; and b: the other party ceases to be a tenant. 2: Every tenancy order has effect and may be enforced as if it were an order of the court for possession of the land granted in favour of the applicant. 3: Nothing in this Act or in any tenancy order— a: limits or affects the operation of any enactment or rule of law for the time being applicable to— i: any tenancy to which section 56 ii: the dwellinghouse held under the tenancy; or b: authorises the court to vary any express or implied term or condition of the tenancy except by— i: vesting the tenancy pursuant to section 57 ii: revesting the tenancy pursuant to section 59 1982 No 120 s 27 59: Power to discharge tenancy order and revest tenancy 1: On the application of a party against whom a tenancy order is made, or that party’s personal representative, the court may, if it thinks fit, make an order discharging the tenancy order and revesting the tenancy accordingly. 2: Where an application is made under this section in respect of a temporary tenancy order, the Registrar must assign a hearing date, which must be— a: as soon as practicable; and b: unless there are special circumstances, in no case later than 42 days after the application is made. 3: Where any revesting order made under subsection (1) takes effect, then, unless the tenancy is sooner lawfully determined, the person in whose favour it is made becomes the tenant of the dwellinghouse upon and subject to the terms and conditions of the tenancy in force at the time of the making of the revesting order. 1982 No 120 s 28 General provisions relating to occupation orders and tenancy orders 60: Application without notice for occupation order or tenancy order 1: An occupation order or a tenancy order may be made on an application without notice only if the court is satisfied that— a: the respondent has physically or sexually abused the applicant or a child of the applicant’s family; and b: the delay that would be caused by proceeding on notice would or might expose the applicant or a child of the applicant’s family to physical or sexual abuse. 2: Any occupation order or tenancy order made on an application without notice is a temporary order that, subject to sections 76 to 80 2A: When a temporary order becomes a final order pursuant to subsection (2), the final order comes into effect immediately. 3: An occupation order or a tenancy order may be made on an application without notice only where the court has made or, at the same time, makes a protection order, unless the court considers that there are special reasons for not making a protection order. 4: Where an occupation order or a tenancy order is made on an application without notice while the applicant and the respondent are living in the same dwellinghouse, that occupation order or tenancy order expires,— a: on its discharge by the court; or b: on the discharge of a temporary protection order made in conjunction with that occupation order or tenancy order; or c: if no such protection order has been made and the court has not sooner discharged the occupation order or tenancy order, at the close of the seventh day after the date of the making of the occupation order or tenancy order. 5: Where an occupation order or a tenancy order is made on an application without notice, the respondent may,— a: notify the court, in accordance with section 76 b: in the case of an occupation order, apply pursuant to section 55 c: in the case of a tenancy order, apply pursuant to section 59 1982 No 120 s 20 Section 60(2A) inserted 16 November 2011 section 10 Domestic Violence Amendment Act 2011 61: Procedure for occupation orders and tenancy orders 1: Where an application is made for an occupation order, the court may treat that application as an application for a tenancy order or an occupation order or both, and may, if it is satisfied that— a: it has jurisdiction to make a tenancy order; and b: the making of a tenancy order is appropriate; and c: section 74 make a tenancy order (whether or not it makes an occupation order). 2: Where an application is made for a tenancy order, the court may treat that application as an application for an occupation order or a tenancy order or both, and may, if it is satisfied that— a: it has jurisdiction to make an occupation order; and b: the making of an occupation order is appropriate; and c: section 74 make an occupation order (whether or not it makes a tenancy order). 1982 No 120 s 29(3)–(4) Ancillary furniture orders 62: Application for ancillary furniture order 1: Where a person applies for an occupation order or a tenancy order in respect of any dwellinghouse, the person may,— a: at the time of making that application, or at any time before that application is determined; or b: if the court makes an occupation order or a tenancy order on that application, at any time while that order remains in force,— apply to the court for an order granting to the applicant the possession and use of all or any of the furniture, household appliances, and household effects in that dwellinghouse. 2: Nothing in subsection (1) prevents a court that makes an occupation order or a tenancy order from making, of its own motion, an ancillary furniture order in respect of all or any of the furniture, household appliances, and household effects in the dwellinghouse specified in the occupation order, or, as the case may be, the tenancy order. 1982 No 120 s 30(1) 63: Power to make ancillary furniture order 1: Subject to section 74 2: The court may make an order under subsection (1) only if it is satisfied— a: that, before the making of the order, the applicant and the other party to the proceedings have lived in the same dwellinghouse at the same time, and that the applicant is or will be living in the dwellinghouse specified in the occupation order or, as the case may be, the tenancy order; or b: that a child of the applicant’s family is or will be living in the dwellinghouse so specified. 3: An order made under subsection (1) may relate to furniture, household appliances, and household effects that were in the relevant dwellinghouse at the time the application for the order was made (or, in the case of an order made of the court’s own motion, at the time the application for the relevant occupation order or tenancy order was made), whether or not those items are still in the relevant dwellinghouse at the time the order under subsection (1) is made. 4: It is not necessary for the court to specify, in an order made under subsection (1), every item of furniture, or every household appliance or household effect, to which the order relates, as long as the items to which the order relates are readily ascertainable from the terms of the order. 5: Subject to subsection (6), an order made under this section may be on such terms and conditions relating to the furniture, household appliances, and household effects to which the order relates as the court thinks fit. 6: An order made under this section may be for such period as the court thinks fit, but— a: unless the court otherwise directs, the order continues in force for 6 months from the date on which it is made; and b: in any event, irrespective of the terms of the order, the order expires if the occupation order or tenancy order to which the order relates expires or is discharged. 1982 No 120 s 30 64: Effect of ancillary furniture order 1: The person in whose favour an ancillary furniture order is made is entitled, to the exclusion of the person against whom the order is made, to the possession of the furniture, household appliances, and household effects to which the order relates for so long as the order is in force. 2: Every ancillary furniture order has effect and may be enforced as if it were an order of the court for delivery of chattels granted in favour of the person for whose benefit the ancillary furniture order is made. 65: Power to vary or discharge ancillary furniture order 1: Subject to subsection (2), on the application of either party, or of the personal representative of either party, the court may, if it thinks fit, make an order— a: extending or reducing any period specified by the court pursuant to section 63(6) b: varying the furniture, household appliances, and household effects to which the order relates; or c: varying or discharging any terms and conditions imposed by the court pursuant to section 63(5) d: discharging the ancillary furniture order. 2: The court must not vary an ancillary furniture order— a: if the occupation order or tenancy order to which the ancillary furniture order relates is no longer in force; or b: in circumstances in which the court could not make an ancillary furniture order under section 63 3: Where an application is made under this section in respect of a temporary ancillary furniture order, the Registrar must assign a hearing date, which must be— a: as soon as practicable; and b: unless there are special circumstances, in no case later than 42 days after the application is made. Furniture orders 66: Application for furniture order Where a person aged 16 years or over a: applies for a protection order; and b: that person— i: and the person against whom the application is made live in the same dwellinghouse, or have lived in the same dwellinghouse at the same time, (regardless of which ground in section 4 ii: does not apply for an occupation order or a tenancy order in respect of that dwellinghouse,— that person may— c: at the time of making that application, or at any time before that application is determined; or d: if the court makes the protection order sought, at any time while that order remains in force,— apply to the court for an order for the possession and use of all or any of the furniture, household appliances, and household effects in that dwellinghouse. Section 66 amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 67: Power to make furniture order 1: Subject to section 74 Property (Relationships) Act 1976 2: The court may make an order under subsection (1) only if it is satisfied— a: that the applicant, or a child of the applicant’s family, or both, are or were living in the dwellinghouse; and b: that the furniture, household appliances, and household effects are reasonably required to equip another dwellinghouse in which the applicant, or a child of the applicant’s family, or both, are or will be living. 3: An order made under subsection (1) may relate to furniture, household appliances, and household effects that were in the relevant dwellinghouse at the time the application for the order was made, whether or not those items are still in the relevant dwellinghouse at the time the order is made. 4: It is not necessary for the court to specify, in an order made under subsection (1), every item of furniture, or every household appliance or household effect, to which the order relates, as long as the items to which the order relates are readily ascertainable from the terms of the order. 5: An order made under this section may be on such terms and conditions relating to the furniture, household appliances, and household effects to which the order relates as the court thinks fit. 6: An order made under this section may be for such period as the court thinks fit, but— a: unless the court otherwise directs, the order continues in force for 6 months from the date on which it is made; and b: in any event, irrespective of its terms, the order expires if the protection order to which the order relates expires or is discharged. Section 67(1) amended 1 February 2002 section 64(2) Property (Relationships) Amendment Act 2001 68: Effect of furniture order 1: The person in whose favour a furniture order is made is entitled, to the exclusion of the person against whom the order is made, to the possession of the furniture, household appliances, and household effects to which the order relates for so long as it is in force. 2: Every furniture order has effect and may be enforced as if it were an order of the court for delivery of chattels granted in favour of the person for whose benefit the furniture order is made. 69: Power to vary or discharge furniture order 1: On the application of either party, or of the personal representative of either party, the court may, if it thinks fit, make an order— a: extending or reducing any period specified by the court pursuant to section 67(6) b: varying the furniture, household appliances, and household effects to which the order relates; or c: varying or discharging any terms and conditions imposed by the court pursuant to section 67(5) d: discharging the furniture order. 2: Nothing in this section allows a court to vary a furniture order— a: if the protection order to which the furniture order relates is no longer in force; or b: in circumstances in which the court could not make a furniture order under section 67 3: Where an application is made under this section in respect of a temporary furniture order, the Registrar must assign a hearing date, which must be— a: as soon as practicable; and b: unless there are special circumstances, in no case later than 42 days after the application is made. Applications without notice for furniture orders 70: Application without notice for ancillary furniture order or furniture order 1: Subject to subsections (3) and (4), an order under section 63 section 67 a: that the respondent has physically or sexually abused the applicant or a child of the applicant’s family; and b: that the delay that would be caused by proceeding on notice would or might expose the applicant or a child of the applicant’s family to physical or sexual abuse. 2: Any ancillary furniture order or furniture order made on an application without notice is a temporary order that, subject to sections 76 to 80 2A: When a temporary order becomes a final order pursuant to subsection (2), the final order comes into effect immediately. 3: No ancillary furniture order may be made on an application without notice unless the court has made or, at the same time, makes an occupation order or a tenancy order. 4: No furniture order may be made on an application without notice unless the court has made or, at the same time, makes a protection order. 5: Where an ancillary furniture order or a furniture order is made on an application without notice while the applicant and the respondent are living in the same dwellinghouse, the order expires— a: on its discharge by the court; or b: in the case of an ancillary furniture order, on the discharge of the occupation order or the tenancy order to which the ancillary furniture order relates; or c: in the case of a furniture order, on the discharge of the protection order to which the furniture order relates. 6: Where an ancillary furniture order or a furniture order is made on an application without notice, the respondent may— a: notify the court, in accordance with section 76 b: in the case of an ancillary furniture order, apply pursuant to section 65 c: in the case of a furniture order, apply pursuant to section 69 Section 70(2A) inserted 16 November 2011 section 11 Domestic Violence Amendment Act 2011 General provisions relating to property orders 71: Applications for property orders by minors 1: Subject to sections 11 12 section 73 a: who is aged 17 years or over; and b: who wishes to apply for an order under this Part— must make the application on his or her own behalf, without a next friend or guardian ad litem 2: Subject to sections 11 12 Section 71 heading amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 71(1)(a) replaced 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 71(2) inserted 26 April 2005 section 7 Relationships (Statutory References) Act 2005 72: Applications for property orders against minors 1: No application for an order under this Part may be made against a minor under the age of 17 years, unless the minor is or has been married or in a civil union or de facto relationship 2: For the avoidance of doubt, it is hereby declared that— a: an application for an order under this Part may be made against a minor who is or has been married, or in a civil union or de facto relationship, b: orders may be made on the application, and enforced,— as if the minor were of full age. Section 72(1) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 72(2)(a) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 73: Applications for property orders on behalf of persons other than children Sections 11 12 Part 2 74: Notice to persons with interest in property affected 1: Before any order (other than a temporary order) is made under this Part, such notice as the court directs must be given to any person having an interest in the property that would be affected by the order. 2: Any person to whom notice is given pursuant to subsection (1) is entitled to appear and to be heard in the matter as a party to the application. 1982 No 120 s 29(1), (2) 75: Protection of mortgagees, etc 1: Subject to subsection (2), the rights conferred on any person in respect of any property by any order made under this Act are subject to the rights of any person entitled to the benefit of any mortgage, security, charge, or encumbrance affecting that property if— a: the mortgage, security, charge, or encumbrance was registered before the order was made; or b: the rights of the person entitled to that benefit arise under an instrument (including, but not limited to, a hire purchase agreement) executed before the date of the making of the order. 2: Notwithstanding anything in any enactment or in any instrument, no money payable under any such mortgage, security, charge, or encumbrance may be called up, or becomes due, by reason only of the making of an order under this Act. 1982 No 120 s 40 4: Procedure Temporary orders 76: Respondent to notify intention to appear 1: Where the court makes a temporary order under this Act, the respondent is entitled to notify the court that he or she wishes to be heard on whether a final order should be substituted for the temporary order. 2: The temporary order must contain a notice to the respondent that clearly states— a: the respondent’s right under subsection (1); and b: that, subject to sections 51E 78 79 section 77 3: Where the respondent notifies the court, in accordance with subsection (1), that he or she wishes to be heard, the Registrar must assign a hearing date, which must be— a: as soon as practicable; and b: unless there are special circumstances, in no case later than 42 days after the receipt of the respondent’s notice. Section 76(2)(b) amended 1 October 2014 section 14 Domestic Violence Amendment Act 2013 77: Procedure where respondent does not require hearing 1: Subject to sections 51E 78 79 section 76(1) 1A: When a temporary order becomes a final order pursuant to subsection (1), the final order comes into effect immediately. 2: No temporary order becomes final pursuant to subsection (1) unless— a: the respondent has been served with a copy of the order not less than 10 clear days before the 3 month period specified in subsection (1) elapses; and b: the respondent has not notified the court, before that period elapses, that he or she wishes to be heard. 3: Where, pursuant to subsection (2)(a), a temporary order does not become final, the court may from time to time extend the period within which the temporary order can be served. No such extensions may extend that period by more than 3 months in total, and the temporary order continues in force until the expiry of any such extensions. 4: Where the period for service is extended pursuant to subsection (3), and, at the expiry of the period or periods, the temporary order has not been served, the order lapses. Section 77(1) amended 1 October 2014 section 15 Domestic Violence Amendment Act 2013 Section 77(1A) inserted 16 November 2011 section 12 Domestic Violence Amendment Act 2011 78: Court may require hearing before order becomes final 1: Where, on or after making a temporary order, the court considers that there is good reason why the order should not become final in accordance with section 77 2: A direction made under subsection (1) may— a: relate to the whole, or to specified parts, of the order made or sought; and b: be made even though the respondent does not wish to be heard. 3: Where the direction under subsection (1) relates to specified parts of the order made or sought, the remaining parts of the order may become final in accordance with section 77 4: Where, pursuant to subsection (1), the court directs that there be a hearing, the Registrar must assign a hearing date, which must be as soon as practicable. 5: Without limiting section 82 section 82(4) 79: Application of sections 76 to 78 to other affected persons 1: The provisions of sections 76 77 78 2: Where, pursuant to section 76 section 77(1) 3: No occupation order, tenancy order, ancillary furniture order, or furniture order that is a temporary order becomes final unless the court is satisfied that— a: notice has been given pursuant to section 74 b: the person so notified takes no steps in the proceedings. 79A: Review of contact arrangements 1: When making a temporary protection order, the Family Court may direct the Registrar to convene a review before a Family Court Judge of the arrangements for contact between the respondent and a child of the applicant's family. 2: On receiving a direction under subsection (1), the Registrar must— a: appoint a time and place for the holding of the review; and b: inform the applicant and respondent of the date, time, and place of the review, and invite them to attend. 3: Only the following persons may attend the review: a: the applicant: b: the respondent: c: a lawyer representing the applicant: d: a lawyer representing the respondent: e: a lawyer appointed under section 81 f: any lawyer appointed under section 7(1) g: any other persons whom the Family Court Judge permits to be present. 4: If both the applicant and the respondent attend or are represented at the review, the Judge may— a: make an interim order relating to contact under section 28B b: impose any condition under section 27 c: give any directions that the Judge considers necessary. 5: The provisions of this section, so far as applicable and with the necessary modifications, apply to an associated respondent as if the person were a respondent. Section 79A inserted 16 November 2011 section 13 Domestic Violence Amendment Act 2011 80: Procedure where hearing required 1: Where, pursuant to section 76 79 a: discharge the temporary order; or b: make the temporary order a final order (whether with or without variation); or c: in a case to which section 78(3) section 79(2) section 77 i: confirm the temporary order to the extent that it has not already become final: ii: confirm the temporary order to the extent that it has not already become final, but exercise, in relation to that part of the temporary order so confirmed, any power conferred by this Act to vary or alter the terms and conditions of the order, or to impose new terms and conditions: iii: discharge the temporary order to the extent that it has not already become final; or d: on good cause being shown, adjourn the hearing to a fixed time and place. 2: Where, pursuant to subsection (1)(a), the court discharges a temporary tenancy order, the discharge of that order has effect as if the order had been discharged under section 59 3: Where, pursuant to subsection (1)(c), the court confirms part of a temporary order (whether with or without variation), that part of the temporary order becomes final, but that confirmation does not affect the order to the extent that it has already become final. 4: Where a hearing is adjourned under subsection (1)(d) to another day, the court must not, at the adjourned hearing, exercise that power to adjourn the hearing to a further date unless there are special reasons for doing so. 5: Where a hearing is adjourned pursuant to subsection (1)(d) to a specified date, the temporary order continues in force until that date. Section 80(1)(b) replaced 16 November 2011 section 14 Domestic Violence Amendment Act 2011 80A: Temporary order discharged when made final order under section 80(1) 1: When a temporary order becomes a final order pursuant to section 80(1)(b) 2: Where the part of a temporary order not already a final order is confirmed under section 80(1)(c)(i) or (ii) Section 80A inserted 16 November 2011 section 15 Domestic Violence Amendment Act 2011 General provisions 81: Court may appoint lawyer 1: In any proceedings under this Act (not being criminal proceedings), the court may appoint a lawyer— a: to assist the court; or b: to represent a child— i: in any proceedings on an application made, on behalf of that child, in accordance with section 9(2) ii: in any proceedings relating to or arising out of a protection order made, under this Act, on any such application made on that child’s behalf; or c: to represent any other person (being a person to whom section 11 i: in any proceedings on an application made, on behalf of that person, in accordance with section 11(2) ii: in any proceedings relating to or arising out of an order made, under this Act, on any such application made on that person’s behalf. 2: A lawyer appointed under subsection (1)(c) 2A: The fees and expenses of a lawyer appointed under subsection (1)(a) or (b) must— a: be determined in accordance with regulations made under section 16D Family Court a Registrar b: be paid in accordance with that determination out of public money appropriated by Parliament for the purpose. 3: The fees and expenses of a lawyer appointed under subsection (1)(c) must— a: be determined in accordance with regulations made under this Act or, if no such regulations are made, by a Registrar b: be paid in accordance with that determination out of public money appropriated by Parliament for the purpose. 4: An invoice for fees and expenses submitted for payment by a lawyer appointed under this section must be given to a Registrar of the court, and the Registrar processing the invoice may decide to adjust the amount of the invoice. 5: If the lawyer is dissatisfied with the decision of the Registrar as to the amount of the invoice 1968 No 63 s 30 1983 No 76 s 3 1994 No 35 s 3(1) Section 81(2) amended 31 March 2014 section 16(1) Domestic Violence Amendment Act 2013 Section 81(2A) inserted 31 March 2014 section 16(2) Domestic Violence Amendment Act 2013 Section 81(2A)(a) amended 8 September 2018 section 46(1) Statutes Amendment Act 2018 Section 81(2A)(a) amended 1 March 2017 section 261 District Court Act 2016 Section 81(3) replaced 31 March 2014 section 16(3) Domestic Violence Amendment Act 2013 Section 81(3)(a) amended 8 September 2018 section 46(1) Statutes Amendment Act 2018 Section 81(4) replaced 8 September 2018 section 46(2) Statutes Amendment Act 2018 Section 81(5) amended 31 March 2014 section 16(5) Domestic Violence Amendment Act 2013 82: Power of court to call witnesses 1: In any proceedings before a court under this Act (not being criminal proceedings), the court may, of its own motion, call as a witness any person whose evidence may, in its opinion, be of assistance to the court. 2: Without limiting subsection (1), the power conferred by that subsection includes power to call as a witness— a: any party to the proceedings: b: the spouse or partner c: an associated respondent: d: a specified person. 3: Where the court calls a witness under this section,— a: the witness has the same privilege to refuse to answer any question as the witness would have if called by a party to the proceedings; and b: the witness may be examined and re-examined— i: by the court: ii: by or on behalf of any party to the proceedings: iii: by any lawyer appointed pursuant to section 81 4: Sections 159 161 to 165 5: The expenses of any witness called by the court under this section are payable— a: in accordance with the scale of witnesses’ expenses prescribed by regulations made under this Act; and b: in the first instance, out of public money appropriated by Parliament for the purpose. 1980 No 94 s 165 Section 82(2)(b) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 82(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 83: Conduct of proceedings 1: No person may be present during the hearing of any proceedings under this Act (other than criminal proceedings) except the following persons: a: officers of the court: b: the parties to the proceedings: c: any lawyer representing any party to the proceedings: d: any lawyer appointed pursuant to section 81 da: any lawyer appointed under section 7(1) e: where, pursuant to any provision of this Act, any person is bringing or defending the proceedings on behalf of another person,— i: the person so bringing or defending the proceedings: ii: the person on whose behalf the proceedings are so brought or defended: f: witnesses: fa: accredited news media reporters: g: any person who is nominated by the applicant for a protection order or by a protected person in accordance with subsection (2): h: any other person whom the Judge permits to be present. 2: For the purposes of any proceedings to which this section applies, any party to the proceedings (being an applicant for a protection order or a protected person) may nominate a reasonable number of persons (being members of his or her family, whanau, or family group, or any other person) to attend any hearing of those proceedings for the purpose of providing support to that person. 3: Any witness and any accredited news media reporter 4: No person present in the courtroom pursuant to subsection (1)(g) is entitled to be heard at the hearing, and the court may exclude any such person from the hearing at any time. 5: Nothing in this section limits any other power of the court— a: to hear proceedings in private; or b: to permit a McKenzie friend to be present; or c: to exclude any person from the court. 1982 No 120 s 32 Section 83(1)(da) inserted 16 November 2011 section 16 Domestic Violence Amendment Act 2011 Section 83(1)(fa) inserted 18 May 2009 section 12(1) Domestic Violence Amendment Act 2008 Section 83(3) amended 18 May 2009 section 12(2) Domestic Violence Amendment Act 2008 Section 83(5) replaced 18 May 2009 section 12(3) Domestic Violence Amendment Act 2008 84: Evidence Section 84 repealed 31 March 2014 section 17A(e) Family Courts Act 1980 85: Standard of proof Every question of fact arising in any proceedings under this Act (other than criminal proceedings) must be decided on the balance of probabilities. 1982 No 120 s 34 86: Orders by consent Subject to section 18 1982 No 120 s 36 87: Explanation of orders 1: Where, in any proceedings under this Act (other than criminal proceedings), the respondent or associated respondent, as the case may be, is before the court, then on making an order (other than an order discharging an order made under this Act), the Judge must explain to that person— a: the effect of the order; and b: the consequences that may follow if the person fails to comply with the terms of the order; and c: the means by which the order can be varied or discharged. 2: A Registrar may give the explanation required by subsection (1). 3: Failure to give the explanation required by subsection (1) does not affect the validity of the order made. 4: Where the court makes an order under this Act, the copy of the order that is given to or served on the respondent (and, where applicable, the associated respondent) must include a notice stating— a: the consequences that may follow if the person fails to comply with the terms of the order; and b: the means by which the order can be varied or discharged. 5: Failure to include in a copy of an order made under this Act the notice required by subsection (4) does not affect the validity of the order made. 88: Copies of orders to be sent to Police 1: On the making of a temporary order or a final order under this Act (including any order varying or discharging an order made under this Act or any order made in substitution for any such order), the Registrar of the court in which the order is made must ensure that a copy of the order is made available, without delay, to the District Commander at the appropriate Police District Headquarters. 2: Where a copy of an order is made available to a District Commander in accordance with subsection (1), the District Commander must ensure that a copy of that order, or a copy of that copy, is made available, without delay, to the officer in charge of the Police station nearest to where the protected person or, as the case requires, each protected person, resides. 3: For the purposes of this section, a copy of an order, or a copy of a copy of an order, may be made available in any of the following ways: a: by sending the copy by means of electronic transmission (whether by way of facsimile transmission, electronic mail, or other similar means of communication): b: by entering the copy on a database maintained in electronic form, where that database may be accessed by the person or persons to whom the copy is required to be made available: c: by making the copy available in such manner as is prescribed by regulations made under this Act: d: by making the copy available in such other manner as is appropriate in the circumstances. 89: Information on service of certain orders to be communicated to Police Where any person serves a copy of a protection order, or a copy of any order varying a protection order, on any person (being the respondent or an associated respondent) to whom the standard condition relating to weapons applies, the person so serving the order must, without delay, give notice to the officer in charge of the Police station nearest to where the copy of the order was served, of— a: the place where the copy of the order was so served; and b: the date and time of service. 90: Police to consider exercise of powers under Arms Act 1983 1: This section applies where a copy of an order, or a copy of a copy of an order, is made available to the officer in charge of a Police station in accordance with section 88(2) a: the order discharges a protection order, and no other protection order is made in substitution for that protection order; or b: the order discharges an order made under Part 3 c: the order varies an order made under Part 3 2: Where this section applies, the officer in charge of the Police station must immediately establish whether or not the respondent and any associated respondent named in the order hold a firearms licence. 3: Where this section applies, and the officer in charge of the Police station knows that the respondent or any associated respondent, or both, hold a firearms licence (whether that knowledge arises from any inquiries carried out in accordance with subsection (2), or the terms of the protection order, or otherwise howsoever), then, except where the firearms licence is deemed to be revoked pursuant to section 21(2) sections 27(1) 27A 4: Where this section applies, the officer in charge of the Police station must, in every case, arrange for an appropriate person to consider immediately whether or not the powers conferred by section 60A Appeals 91: Appeals to High Court 1AA: This subsection applies to a decision of a court, in proceedings under this Act, to— a: make or refuse to make an order; or b: dismiss the proceedings; or c: otherwise finally determine the proceedings. 1: A party to proceedings in which there is made a decision to which subsection (1AA) applies, or any other person prejudicially affected by the decision, may appeal to the High Court against the decision. 2: The High Court Rules 2016 sections 126 to 130 section 124 3: On the ex parte section 126(1) 3A: Subsection (3) overrides subsection (2). 4: Subject to section 93 1982 No 120 s 38(1), (2), (6) Section 91(1AA) inserted 24 November 2003 section 4 District Courts Amendment Act 2002 Section 91(1) replaced 24 November 2003 section 4 District Courts Amendment Act 2002 Section 91(2) replaced 1 March 2017 section 261 District Court Act 2016 Section 91(3) replaced 24 November 2003 section 4 District Courts Amendment Act 2002 Section 91(3) amended 1 March 2017 section 261 District Court Act 2016 Section 91(3A) inserted 24 November 2003 section 4 District Courts Amendment Act 2002 92: Application of provisions relating to minors, etc Sections 9 11 12 a: the making and prosecution of an appeal under section 91 section 93 b: the defending of any such appeal— as they apply in relation to the making of an application for a protection order. 93: Appeals to Court of Appeal 1: A party to any appeal under section 91 2: On an appeal to the Court of Appeal under this section, the Court of Appeal has the same power to adjudicate on the proceedings as the High Court had. 3: The decision of the Court of Appeal on an appeal to that court under this section, and on an application to it under this section for leave to appeal, is final. 1982 No 120 s 38(3)–(5) 94: Appeals to be heard as soon as practicable Every appeal under section 91 section 93 95: Effect of appeal Except where the court making the order appealed from otherwise directs,— a: the operation of an order made under this Act is not suspended by an appeal under section 91 section 93 b: every order made under this Act may be enforced in the same manner in all respects as if no such appeal were pending. 1982 No 120 s 38(7) 5: Enforcement of protection orders overseas and foreign protection orders Enforcement of New Zealand orders overseas 96: Enforcement of New Zealand orders overseas 1: Subject to subsections (2) and (3), the Secretary may request the appropriate court or authority in a foreign country to make arrangements for the enforcement in that country of a protection order made by a New Zealand court. 2: Where a person wishes a request to be transmitted to a foreign country pursuant to subsection (1), the person must make a request in writing in the first instance to the Registrar of the court in which the protection order was made. 3: Where, on receiving a request made pursuant to subsection (2), the Registrar is satisfied that— a: the request is made by or on behalf of a protected person; and b: the request relates to a protection order made by a New Zealand court; and c: orders of that nature may be enforced in the foreign country to which the request relates; and d: there are reasonable grounds for believing that enforcement of the order in the foreign country is necessary for the protection of the protected person,— the Registrar must send the request to the Secretary for transmission to the foreign country in accordance with subsection (1). 4: Where, pursuant to this section, a Registrar or the Secretary receives a request for the transmission of a protection order to a foreign country, the Registrar or, as the case requires, the Secretary may require the person by or on whose behalf the request is made to supply to the Registrar or, as the case requires, the Secretary such information or evidence (including certified copies of the order) as may be necessary— a: to enable the Registrar to determine whether or not the request satisfies the requirements of subsection (3); and b: to secure enforcement of the order in the foreign country. 5: Where, in relation to a request made under subsection (2), a Registrar or the Secretary imposes a requirement pursuant to subsection (4), the Registrar or, as the case requires, the Secretary may refuse to take any action, or further action, in relation to that request until that requirement is complied with. 6: Nothing in this section prevents— a: a protected person from applying to a court or other appropriate authority in a foreign country for enforcement, in that country, of a protection order; or b: the variation or discharge, pursuant to this Act, of a protection order that is enforced in a foreign country. 7: In this section, the term enforcement enforced 1968 No 63 ss 22L–22LA 1979 No 52 s 2 1991 No 19 s 34 Enforcement of foreign protection orders 97: Registration of foreign protection orders 1: A foreign protection order may be registered in a court in accordance with this section. 2: Where the Secretary receives— a: a certified copy of a foreign protection order; and b: a certificate— i: that is signed by an officer of a court in the foreign country in which the order was made; and ii: that contains a statement that the order is, at the date of the certificate, enforceable in the foreign country; and c: written information tending to show that a person for whose protection the order was made— i: is present in New Zealand; or ii: is proceeding to New Zealand; or iii: is about to proceed to New Zealand,— the Secretary must send the documents to a Registrar of a court for the purposes of registration. 3: The Registrar of the court must register the foreign protection order by filing a certified copy of the order in the court. 4: Where the Registrar of a court receives the documents described in subsection (2) other than from the Secretary, the Registrar may register the order if he or she is satisfied that the nature of the documents is such that, if they had been transmitted to the Secretary, they would have been sent to the Registrar by the Secretary. 1968 No 63 s 22A 1979 No 52 s 2 98: Copies of registered foreign protection orders to be sent to Police Where a foreign protection order is registered pursuant to section 97 sections 88 to 90 a: in relation to that order; and b: in relation to any variation of that order pursuant to section 99(c) as if the foreign protection order were a protection order made under this Act. 99: Effect of registration Subject to section 101 section 97 a: has effect; and b: may be enforced; and c: in the terms in which it has effect in New Zealand, may be varied,— as if it were a protection order made under this Act on the date of registration. 1968 No 63 s 22B 1979 No 52 s 2 100: Variation of registered foreign protection order 1: Where, pursuant to section 99(c) a: must, in the prescribed manner, notify the court or the appropriate authority in the country in which the order was made of the variation; and b: unless the Registrar is the Registrar of the court in which the foreign protection order is registered, must forward to the Registrar of that court a copy of the order varying the foreign protection order. 2: The Registrar of the court in which the foreign protection order is registered, on receiving notice of the variation of that order, must note the court records accordingly. 1968 No 63 s 22D 1979 No 52 s 2 101: Registered foreign protection orders not to be enforced in certain circumstances 1: Where a court is satisfied that a foreign protection order— a: was not, at the time of its registration in New Zealand, enforceable in the country in which it was made; or b: has, since its registration in New Zealand, ceased to be enforceable in the country in which it was made,— the court must not enforce or vary the order under this Act. 2: Where the Registrar of the court in which a foreign protection order is registered is satisfied— a: that a New Zealand court has refused, pursuant to subsection (1), to enforce or vary the order under this Act; or b: that the order is not enforceable in the country in which it was made; or c: that registration of the order in New Zealand is no longer necessary,— the Registrar must cancel the registration of the order and must, in the prescribed manner, notify the court or the appropriate authority in the country in which the order was made of the cancellation. 3: For the purposes of this section, a foreign protection order is not unenforceable in the country in which it was made solely by reason of the fact that the person to whom the order relates, or any other person affected by the order, is no longer in that country. 1968 No 63 s 22E 1979 No 52 s 2 102: Evidence taken overseas Where, pursuant to section 99 1968 No 63 s 22H 1979 No 52 s 2 103: Proof of documents 1: For the purposes of this Part,— a: any document purporting to be signed by any Judge or officer of a court in any prescribed foreign country is, in the absence of evidence to the contrary, deemed to have been so signed without proof of the signature or judicial or official character of the person appearing to have signed it; and b: the officer of a court by whom a document purports to be signed is, in the absence of evidence to the contrary, deemed to have been the proper officer of the court to sign the document. 2: Any document purporting to be signed, certified, or verified by any of the persons mentioned in subsection (1) is admissible in evidence in proceedings under this Part if it appears to be relevant to those proceedings. 1968 No 63 s 22I 1979 No 52 s 2 104: Depositions to be evidence Depositions taken for the purposes of this Part in a court in any prescribed foreign country may be received in evidence in any proceedings under this Part. 1968 No 63 s 22J 1979 No 52 s 2 105: Prescribed foreign countries 1: The Governor-General may from time to time, by Order in Council, declare any country outside New Zealand to be a prescribed foreign country for the purposes of this Act. 2: Any Order in Council made under subsection (1) may specify the courts of the foreign country in relation to which the order is to have effect, or may otherwise modify the application of that order to that other country. 3: Any Order in Council made under subsection (1) may be revoked or varied by a subsequent Order in Council. 1968 No 63 s 22K 1979 No 52 s 2 106: Evidence of orders made in foreign country Nothing in this Part precludes a court from receiving evidence of an order made in a foreign country (whether or not that country is a prescribed foreign country) with respect to the protection of any person from domestic violence. 1968 No 63 s 22F 1979 No 52 s 2 6: Non-publication of information relating to protected person on public registers Interpretation 107: Interpretation In this Part, unless the context otherwise requires,— code of practice code section 122 direction section 109 Privacy Commissioner Privacy Act 1993 public register section 58 relevant information Applications for directions 108: Protected person may apply for direction that identifying information on public register not be publicly available 1: Where a protection order is in force, any protected person may at any time apply to the agency responsible for administering any public register for a direction that any relevant information— a: that relates to that protected person, or to any protected person who is a child of the applicant’s family, or to both; and b: that is included, or is about to be included, on that public register— must not be made available to the public. 2: Every application under subsection (1)— a: must be made in the prescribed manner (if any); and b: must be made in the prescribed form (if any); and c: must, so far as practicable, specify with due particularity the relevant information in respect of which the direction is sought, so that the agency may locate that relevant information. 3: An agency to which an application is made under subsection (1) must, without delay, and in no case after the expiry of the prescribed period after receiving the application,— a: decide, in accordance with section 109 b: notify the applicant of its decision in accordance with section 110 109: Agency to determine application Where an application is made under section 108(1) a: a protection order is in force in respect of the applicant; and b: making the direction would not unduly compromise the public register to which the application relates. 110: Agency to notify applicant of decision 1: Where an agency makes a decision in respect of an application made under section 108(1) 2: Where the application is declined, the notice under subsection (1) must— a: specify the reasons for the decision; and b: notify the applicant of that person’s right to complain to the Privacy Commissioner pursuant to section 118 3: Where an agency makes a direction in relation to a protection order, the agency must also give written notice of that direction to the Registrar of the court that made that protection order. 111: Information not to be disclosed pending determination of application or complaint Where an application is made, pursuant to section 108(1) section 112 a: until the expiry of the prescribed period after notice of the agency’s decision on that application is communicated to the applicant; and b: where, before the expiry of the period referred to in paragraph (a), the Privacy Commissioner extends the period within which a complaint relating to that decision may be made under section 118 c: if a complaint relating to that decision is made under section 118 Effect of direction 112: Effect of direction 1: Notwithstanding any other enactment, but subject to section 116 a: that relevant information must not be included in— i: any copy (including a printout) of the whole or any part of the public register; or ii: any index to the register; or iii: any extract from, or certificate as to information recorded on, the register— that is made available to the public after the direction is made; and b: that relevant information must not be made available for inspection by members of the public (other than the person to whom the relevant information relates) who wish to inspect the register or any index to the register; and c: no application made, by or in relation to the person to whom the relevant information relates, for the inclusion of any information on the public register, to the extent that the application contains relevant information relating to that person, must be made available for inspection by members of the public (other than the person to whom the relevant information relates);— but that relevant information is, for all other purposes, deemed to be included on the public register. 2: The references in paragraphs (a) to (c) of subsection (1) to relevant information relate only to such relevant information relating to the person to whom the direction relates as the agency concerned is reasonably able to identify, having regard to the information provided by the applicant for the direction in his or her application under section 108(1) 113: Direction not applicable to relevant information subsequently included in register 1: Where, in relation to a public register, a direction applies in relation to relevant information, then— a: paragraphs (a) and (b) of subsection (1) of section 112 b: paragraph (c) of that subsection applies only in relation to an application of the kind referred to in that paragraph, where the application has been made before the date on which the direction is made. 2: One or more directions relating to the same public register may be in force, at the same time, in relation to the same person. Duration of direction 114: Duration of direction 1: Where— a: a direction is made in respect of a protection order; and b: at the time the direction is made, the protection order is a final order,— then, unless the direction is sooner revoked or ceases to be in force pursuant to subsection (3), the direction expires at the end of the period of 5 years after the date on which the direction is made. 2: Where— a: a direction is made in respect of a protection order; and b: at the time the direction is made, the protection order is a temporary order,— the following provisions apply: c: subject to paragraph (d), the direction, unless sooner revoked, expires at the end of the period of 4 months after the date on which the direction is made: d: if, before the expiry of the period referred to in paragraph (c),— i: the applicant for the direction supplies, to the agency by which the direction is made, satisfactory evidence that the temporary protection order has become final by operation of law in accordance with section 77 ii: pursuant to section 115 then, unless the direction is sooner revoked or ceases to be in force pursuant to subsection (3), the direction continues in force and expires at the end of the period of 5 years after the date on which the direction is made. 3: Where— a: a direction made by an agency is in force in respect of a final protection order; and b: either,— i: the person on whose application the direction was made notifies that agency that the protection order has been discharged; or ii: pursuant to section 115 the direction ceases to be in force on the expiry of the prescribed period after the date on which the agency receives that notification. 4: Where, on the application of any person, an agency makes a direction, that agency must, on the application of that person, revoke that direction. 5: The fact that a direction expires or is revoked or ceases to be in force pursuant to this section does not prevent the making of another direction in respect of the same relevant information. 115: Registrar to notify agency of making or discharge of protection order Where, in accordance with section 110(3) a: in the case of a temporary protection order, on the making of a final protection order in substitution for that temporary order; or b: on the discharge of that protection order (whether a temporary order or a final order),— the Registrar of the court that made that substitute order or, as the case requires, discharged the order must, without delay, notify that fact to the agency. Disclosure of relevant information with consent 116: Disclosure of relevant information with consent of protected person 1: This section applies to any information the disclosure or making available of which would otherwise be prohibited by section 111 section 112 2: Notwithstanding sections 111 112 a: is requested, in writing, to authorise the agency concerned to disclose or make available some or all of that information; and b: gives such authority,— the information may be disclosed or made available, but only in accordance with, and to the extent permitted by, that authority. 3: Nothing in this section authorises any information to which this section applies to be disclosed or made available in circumstances in which that information could not, apart from this section, be lawfully disclosed or made available. Other enactments not affected 117: Other enactments not affected Nothing in this Part limits or affects— a: section 115 b: section 239(2) Section 117(b) replaced 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Complaints to Privacy Commissioner 118: Complaints to Privacy Commissioner 1: Where any person makes an application to an agency pursuant to section 108(1) 2: If, in relation to an application made, pursuant to subsection (1) of section 108 a: for the purposes of subsection (1), that failure is deemed to be a decision declining to make the direction sought by the applicant; and b: for the purposes of subsection (3), that failure is deemed to be a decision notice of which was communicated to the applicant on the expiry of the prescribed period after the agency received the application. 3: Every complaint made to the Privacy Commissioner pursuant to subsection (1) must be made within the prescribed period after notice of the decision is communicated to the complainant, or within such further period as the Privacy Commissioner may allow on application made either before or after the expiration of the prescribed period. 4: Where, pursuant to subsection (3), the Privacy Commissioner extends the period within which a complaint may be made under this section in relation to an agency’s decision, the Privacy Commissioner must forthwith notify that agency of that extension and of the period of the extension. 119: Investigation of complaint On completing any investigation conducted pursuant to section 118(1) 120: Application of certain provisions of Privacy Act 1993 Sections 68 70 71 73 75 80 Parts 9 12 section 118 section 118 or section 119 Regulations 121: Regulations 1: Without limiting section 127 a: prescribing the manner in which applications under section 108(1) b: prescribing such forms as are necessary for the purposes of this Part, or authorising any specified person or persons to prescribe or approve forms, and requiring the use of such forms: c: prescribing the periods required to be prescribed for the purposes of sections 108(3) 111 114(3) 118 d: prescribing circumstances in which, and conditions on which, relevant information may be made available to the public even though a direction is in force in respect of that relevant information, while still ensuring, to the greatest possible extent, the protection of the person to whom the relevant information relates: e: prescribing the manner in which any notice required by this Part to be given by or to any person is to be so given. 2: Without limiting subsection (1) or section 127 a: may make different provision for different agencies and different public registers: b: may be made to apply generally in respect of all public registers, or in respect of any specified public register or of public registers of any specified class or classes. Codes of practice 122: Codes of practice 1: The Privacy Commissioner may from time to time issue a code of practice. 2: A code of practice may,— a: to the extent that no regulations made pursuant to section 121 i: prescribe the manner in which applications under section 108(1) ii: prescribe forms of applications for the purposes of section 108(1) iii: prescribe, for the purposes of section 108(1) b: prescribe how section 109(b) c: prescribe how section 112 d: prescribe how section 113 e: provide for the review of the code by the Privacy Commissioner: f: provide for the expiry of the code. 3: A code of practice may apply in relation to any 1 or more of the following: a: any specified public register or class or classes of public register: b: any specified agency or specified class or classes of agency: c: any specified relevant information or class or classes of relevant information. 123: Application of certain provisions of Privacy Act 1993 Sections 47 to 52 124: Effect of code 1: Subject to subsection (2), where a code of practice is in force, the code has effect according to its tenor. 2: To the extent that a code is inconsistent with any provision of this Act or of any regulations made under this Act, the code is, to the extent of the inconsistency, of no effect. 6A: Police safety orders Part 6A inserted 1 July 2010 section 9 Domestic Violence Amendment Act 2009 124A: Interpretation In this Part, unless the context otherwise requires,— constable section 4 District Court the District Court Police safety order order section 124B qualified constable Registrar the District Court Section 124A inserted 1 July 2010 section 9 Domestic Violence Amendment Act 2009 Section 124A District Court inserted 25 February 2012 section 4(1) Domestic Violence Amendment Act 2012 Section 124A District Court amended 1 March 2017 section 261 District Court Act 2016 Section 124A Registrar inserted 25 February 2012 section 4(2) Domestic Violence Amendment Act 2012 Section 124A Registrar amended 1 March 2017 section 261 District Court Act 2016 124B: Qualified constable may issue Police safety order 1: A qualified constable may issue an order against a person ( person A person B a: does not arrest person A for an offence against any enactment involving the use of violence against person B; but b: has reasonable grounds to believe, having regard to the matters specified in subsection (2), that the issue of an order is necessary to ensure the safety of person B. 2: When considering whether to issue an order against person A, the constable must have regard to the following matters: a: whether, in the circumstances, he or she considers it is likely that— i: person A has used, or is using, domestic violence against person B: ii: person A has used, or is using, domestic violence against any other person with whom he or she has a domestic relationship: b: whether there is a likelihood that person A will use, or again use, domestic violence against person B: c: the welfare of any children residing with person B: d: the hardship that may be caused if the order is issued: e: any other matter the constable considers relevant. 3: A constable who is not a qualified constable may issue an order under this section only if he or she is specifically authorised by a qualified constable to issue that order. Section 124B inserted 1 July 2010 section 9 Domestic Violence Amendment Act 2009 124C: Consent to issue of Police safety order not required An order may be issued without the consent of the person for whose safety the order is proposed to be issued. Section 124C inserted 1 July 2010 section 9 Domestic Violence Amendment Act 2009 124D: Police safety order not to be issued against child An order may not be issued against a child. Section 124D inserted 1 July 2010 section 9 Domestic Violence Amendment Act 2009 124E: Effect of Police safety order 1: A person against whom an order is issued must immediately— a: surrender to a constable— i: any weapon in his or her possession or control; and ii: any firearms licence held by him or her: b: vacate any land or building occupied by a person at risk, whether or not he or she has a legal or equitable interest in the land or building. 2: It is a condition of every order that the person against whom the order is issued must not— a: physically or sexually abuse a person at risk; or b: threaten to physically or sexually abuse a person at risk; or c: damage, or threaten to damage, property of a person at risk; or d: engage, or threaten to engage, in other behaviour, including intimidation or harassment, that amounts to psychological abuse of a person at risk; or e: encourage any person to engage in behaviour against a person at risk, where the behaviour, if engaged in by the person against whom the order is issued, would be prohibited by the order; or f: watch, loiter near, or prevent or hinder access to or from the place of residence, business, or employment of a person at risk, or an educational institution attended by a person at risk, or any other place that a person at risk visits often; or g: follow a person at risk about or stop or accost a person at risk in any place; or h: where a person at risk is present on any land or building, enter or remain on that land or building in circumstances that constitute a trespass; or i: make any other contact with a person at risk (whether by telephone, electronic message, correspondence, or otherwise), except such contact as is reasonably necessary in any emergency. 3: In this section, person at risk a: the person named in the order for whose safety the order is issued; and b: any child residing with that person. Section 124E inserted 1 July 2010 section 9 Domestic Violence Amendment Act 2009 124F: Suspension of firearms licence on issue of Police safety order On the issue of an order, and for the period that the order is in force,— a: any firearms licence held by the person against whom the order is issued is deemed to be suspended; and b: the person against whom the order is issued is deemed, for all purposes, not to be the holder of a firearms licence. Section 124F inserted 1 July 2010 section 9 Domestic Violence Amendment Act 2009 124G: Suspension of parenting orders, etc 1: This section applies where— a: an order is issued; and b: a child is residing with a person named in the order for whose protection the order is issued (a protected child c: a parenting order or day-to-day care or contact agreement is in force in respect of a protected child; and d: the person against whom the order is issued is a party to that parenting order or agreement. 2: While an order continues in force against any person, the provisions of a parenting order or an agreement affording to that person the day-to-day care of, or contact with, a protected child are suspended. Section 124G inserted 1 July 2010 section 9 Domestic Violence Amendment Act 2009 124H: Prompt service of Police safety order required 1: An order issued under section 124B 2: If an order issued under section 124B Section 124H inserted 1 July 2010 section 9 Domestic Violence Amendment Act 2009 124I: Detention by constable 1: A constable who is proposing to issue a Police safety order under section 124B a: obtain authorisation under section 124B(3) b: issue the order: c: serve the order. 2: If a person who is detained under subsection (1) fails or refuses to remain at the place where he or she is detained, that person— a: commits an offence and is liable on b: may be arrested without warrant. 3: To avoid doubt, subsection (2) applies in respect of a person detained under subsection (1)(a) regardless of whether an order is issued. 4: The maximum penalty for an offence against subsection (2)(a) is a fine not exceeding $500. 5: In this section, detain Section 124I inserted 1 July 2010 section 9 Domestic Violence Amendment Act 2009 Section 124I(2)(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 124J: Police safety order to be explained 1: A constable who issues an order must, if and to the extent that it is reasonably practicable to do so in the circumstances, either at the time of issue or service of the order, explain to the person against whom the order is issued— a: the purpose, duration, and effect of the order; and b: the consequences that may follow if the person against whom the order is issued contravenes the order. 2: A constable who issues an order must also, either before or after issue and service of the order, explain to the person for whose safety the order is issued the matters set out in subsection (1)(a) and (b). Section 124J inserted 1 July 2010 section 9 Domestic Violence Amendment Act 2009 124K: Duration of Police safety order 1: An order comes into force immediately on being served on the person against whom the order is issued. 2: An order continues in force for the period specified in the order, but that period must not exceed 5 days. 3: In considering the period to be specified in the order, the qualified constable must have regard to the matters set out in section 124B(2) Section 124K inserted 1 July 2010 section 9 Domestic Violence Amendment Act 2009 124L: Contravention of Police safety order 1: Subsection (2) applies where a person who has been served with an order a: the order; or b: any condition of the order. 2: If this subsection applies, a constable may take the person into custody by— a: using such force as is reasonably necessary; or b: executing a warrant to arrest issued in respect of that person under section 124O(1)(a) 3: Where a person has been taken into custody under subsection (2), the constable may apply to the District Court section 124N 4: A person who is taken into custody under subsection (2)(a) must be brought before the District Court Section 124L inserted 1 July 2010 section 9 Domestic Violence Amendment Act 2009 Section 124L(1) amended 25 February 2012 section 5 Domestic Violence Amendment Act 2012 Section 124L(3) amended 1 March 2017 section 261 District Court Act 2016 Section 124L(4) amended 1 March 2017 section 261 District Court Act 2016 124M: Issue of summons where person cannot be brought before District Court within 24 hours 1: If a person who is taken into custody under section 124L(2)(a) the District Court within a: be released; and b: be served by a constable with a summons requiring him or her to appear before the District Court 2: A summons served under subsection (1)(b) must be in the prescribed form. 3: If a person who has been served with a summons under subsection (1)(b) does not attend personally at the place and time specified in the summons, the District Court or a a: arrest him or her; and b: bring him or her before the court. Section 124M inserted 1 July 2010 section 9 Domestic Violence Amendment Act 2009 Section 124M(1) amended 1 March 2017 section 261 District Court Act 2016 Section 124M(1)(b) amended 1 March 2017 section 261 District Court Act 2016 Section 124M(3) amended 1 March 2017 section 261 District Court Act 2016 Section 124M(3) amended 25 February 2012 section 6 Domestic Violence Amendment Act 2012 124N: Jurisdiction of District Court 1: If the District Court a: if the order has not expired, direct that another order, which is to continue in force for a period not exceeding 5 days specified by the court, be— i: issued against the person in substitution of the earlier order for the safety of the person named in the earlier order; and ii: served by a constable or officer of the court as soon as practicable; or b: if the order has expired, direct that another order, which is to continue in force for a period not exceeding 5 days specified by the court, be— i: issued against the person for the safety of the person named in the earlier order; and ii: served by a constable or officer of the court as soon as practicable; or c: if it considers it appropriate in the circumstances to do so,— i: adjourn the proceedings to a specified time and place to enable a District Court Judge to consider whether a temporary protection order should be issued under subsection (2)(b); and ii: make a direction of the kind specified in paragraph (a) or (b), as the case may require. 2: If the District Court a: make a direction of the kind specified in subsection (1)(a) or (b); or b: issue, without application from any person, a temporary protection order under section 14 i: every reference in that section to the respondent were a reference to the person who the Judge is satisfied has refused or failed to comply with the Police safety order ( person R ii: every reference in that section to the applicant were a reference to the person named in the Police safety order for whose safety the order was issued ( person S 3: A District Court Judge may issue a temporary protection order under subsection (2)(b) in the absence of person R, person S, or both. 4: Subsection (2)(b) is subject to subsection (5). 5: A District Court Judge may only issue an order of the kind referred to in subsection (2)(b) if person S— a: does not object; and b: has not made an application for a protection order against person R that is currently pending determination by a court. 6: Where the court makes a direction of the kind specified in subsection (1)(a) or (b), the court may direct that the person against whom the order is to be issued be detained in the custody of the court for a period, not exceeding 2 hours, that may be necessary to enable the order to be issued and served on that person. Section 124N inserted 1 July 2010 section 9 Domestic Violence Amendment Act 2009 Section 124N(1) amended 1 March 2017 section 261 District Court Act 2016 Section 124N(2) amended 1 March 2017 section 261 District Court Act 2016 124O: Issue of warrant to arrest person who contravenes Police safety order or fails to attend adjourned proceedings 1: Subsection (2) applies if— a: a person against whom a Police safety order is issued refuses or fails to comply with the order, or any condition of the order; or b: a person who the District Court is satisfied has refused or failed to comply with a Police safety order does not attend personally at the time and place to which proceedings have been adjourned under section 124N(1)(c)(i) 2: The District Court or a 3: A warrant to arrest a person under this section— a: must be directed either— i: specifically to a constable; or ii: generally to every constable; but b: may be executed by any constable. 4: For the purpose of executing a warrant issued under this section, the constable executing it may at any time enter on to any premises, by force if necessary, if the constable has reasonable grounds to believe that the person against whom it is issued is on those premises. 5: The constable executing the warrant— a: must have the warrant with him or her; and b: must produce it on initial entry and, if requested, at any subsequent time; and c: if he or she is not in uniform, produce evidence that he or she is a constable. 6: A person who is arrested under this section must, as soon as possible, be brought before the District Court section 124N Section 124O inserted 1 July 2010 section 9 Domestic Violence Amendment Act 2009 Section 124O(2) amended 1 March 2017 section 261 District Court Act 2016 Section 124O(2) amended 25 February 2012 section 7 Domestic Violence Amendment Act 2012 Section 124O(6) amended 1 March 2017 section 261 District Court Act 2016 124P: Protection order to be issued and served 1: Where the District Court section 124N(2)(b) a: immediately issue the order; and b: wherever practicable, serve a copy of the order on the person against whom the order is made before that person leaves the court. 2: For the purpose of subsection (1), the court may direct that the person against whom the order is made be detained in the custody of the court for a period, not exceeding 2 hours, that may be necessary to enable the order to be issued and a copy served on that person. Section 124P inserted 1 July 2010 section 9 Domestic Violence Amendment Act 2009 Section 124P(1) amended 1 March 2017 section 261 District Court Act 2016 124Q: Protection order to be sent to Family Court 1: Immediately after the issue of a protection order under section 124N 2: On receipt of a copy of an order under subsection (1), the Registrar of the Family Court must enter the order in the records of the Family Court. Section 124Q inserted 1 July 2010 section 9 Domestic Violence Amendment Act 2009 124R: Protection order treated as if made by Family Court As soon as an order has been entered in the records of the Family Court under section 124Q(2) Section 124R inserted 1 July 2010 section 9 Domestic Violence Amendment Act 2009 124S: Police employees, etc, protected from proceedings No action or proceedings may be brought against the Crown or any constable in respect of any thing done, or omitted to be done, for the purpose of carrying out the provisions of this Part, where the Crown or the constable acted in good faith and with reasonable care. Section 124S inserted 1 July 2010 section 9 Domestic Violence Amendment Act 2009 7: Miscellaneous provisions Restriction on publication 125: Restriction of publication of reports of proceedings Sections 11B to 11D Family Court Act 1980 a: in the Family Court: b: in any other court, in which case references in those sections to the Family Court or court must be read as references to that other court. Section 125 replaced 18 May 2009 section 13 Domestic Violence Amendment Act 2008 Section 125 amended 1 March 2017 section 261 District Court Act 2016 Section 125(a) replaced 1 March 2017 section 261 District Court Act 2016 Rules and regulations 126: Rules of court 1: In addition to all other powers conferred by the District Court Act 2016 a: regulating the practice and procedure of the District Court b: providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration. 1A: Rules may be made under section 16A Family Court Act 1980 relating to the practice and procedure of the Family Court 2: Without limiting subsection (1) or section 16A Family Court Act 1980 a: prescribe the procedure for the service of notices and other documents for the purposes of this Act, and provide for substituted service, and for service to be dispensed with, in such circumstances as are specified in the rules: b: prescribe such forms as are necessary for the purposes of this Act, or authorise any specified person or persons to prescribe or approve forms, and require the use of such forms: c: prescribe circumstances in which applications under this Act may be made without notice, and circumstances in which applications under this Act must be made on notice: d: make such provision as is necessary or desirable in relation to representatives, including (without limitation),— i: providing for the appointment, retirement, and removal of representatives: ii: prescribing the circumstances in which a representative is or is not responsible for costs, and providing for the recovery, by a representative, of costs paid or incurred by the representative while acting as such: iii: providing for the conduct of proceedings brought, on a person’s behalf, by a representative: e: prescribe the procedure consequent on a temporary order, or part of a temporary order, becoming final in accordance with section 77 f: provide that Registrars may exercise specified powers of the court or a Judge: g: prescribe the manner in which a Registrar is to give notice, to a court or appropriate authority of a foreign country, of the variation or cancellation of registration of a foreign protection order: h: make such provision as is necessary or desirable in order to facilitate communications between the Secretary and courts or appropriate authorities in foreign countries for the purposes of Part 5 i: provide for information about proceedings under this Act to be transferred between courts (whether the District Court, the Family Court, the Court of Appeal, or the Supreme Court j: apply, with or without modification, provisions of the District Court Rules 2014 3: 1982 No 120 s 39 Section 126(1) amended 1 March 2017 section 261 District Court Act 2016 Section 126(1)(a) amended 1 March 2017 section 261 District Court Act 2016 Section 126(1)(a) amended 13 September 2002 section 6 Family Courts Amendment Act 2000 Section 126(1A) inserted 13 September 2002 section 6 Family Courts Amendment Act 2000 Section 126(1A) amended 1 March 2017 section 261 District Court Act 2016 Section 126(2) amended 1 March 2017 section 261 District Court Act 2016 Section 126(2) amended 13 September 2002 section 6 Family Courts Amendment Act 2000 Section 126(2)(i) amended 1 March 2017 section 261 District Court Act 2016 Section 126(2)(i) amended 1 January 2004 section 48(1) Supreme Court Act 2003 Section 126(2)(j) amended 1 March 2017 section 261 District Court Act 2016 Section 126(3) repealed 13 September 2002 section 6 Family Courts Amendment Act 2000 127: Regulations The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: a: prescribing for the purposes of section 51B i: the process to be followed by a person or an organisation seeking an approval; and ii: the criteria that the Secretary must apply when deciding whether to grant, suspend, or cancel an approval: b: prescribing the amount of fees and expenses, or a method for calculating the amount of fees and expenses, payable for the provision of assessments and programmes under Part 2A c: d: e: f: making provision for the determination of the amount of fees and expenses, including minimum and maximum amounts, payable in respect of professional services provided by lawyers appointed under section 81(1)(c) g: prescribing the fees, travelling allowances, and expenses payable to persons called by the court under section 82 section 51O 51P h: providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration. 1982 No 120 s 39A 1994 No 30 s 3 Section 127(a) replaced 25 September 2013 section 17(1) Domestic Violence Amendment Act 2013 Section 127(b) replaced 25 September 2013 section 17(1) Domestic Violence Amendment Act 2013 Section 127(c) repealed 25 September 2013 section 17(1) Domestic Violence Amendment Act 2013 Section 127(d) repealed 25 September 2013 section 17(1) Domestic Violence Amendment Act 2013 Section 127(e) repealed 25 September 2013 section 17(1) Domestic Violence Amendment Act 2013 Section 127(f) amended 31 March 2014 section 17(2) Domestic Violence Amendment Act 2013 Section 127(g) amended 1 October 2014 section 17(3) Domestic Violence Amendment Act 2013 Saving 128: Property (Relationships) Act 1976 not affected Nothing in this Act limits or affects the power of a court to make an order (including an order made on an ex parte section 27 section 28 section 28B section 28C section 33 1982 No 120 s 41 Section 128 replaced 1 February 2002 section 64(2) Property (Relationships) Amendment Act 2001 Repeals and consequential amendments 129: Repeals The following enactments are hereby repealed: a: the Domestic Protection Act 1982 b: the Domestic Protection Amendment Act 1983 c: the Domestic Protection Amendment Act 1985 d: the Domestic Protection Amendment Act 1986 e: the Domestic Protection Amendment Act 1987 f: the Domestic Protection Amendment Act 1994 g: Amendment(s) incorporated in the Act(s) 130: Amendments to Arms Act 1983 Amendment(s) incorporated in the Act(s) 131: Amendment to Children, Young Persons, and Their Families Act 1989 Amendment(s) incorporated in the Act(s) 132: Amendment to Electoral Act 1993 Amendment(s) incorporated in the Act(s) Transitional provisions on enactment of this Act Heading replaced 1 October 2014 section 18 Domestic Violence Amendment Act 2013 133: Transitional provisions 1: All applications, appeals, proceedings, and other matters that, before the commencement of this section, have been brought or made under or pursuant to any of the provisions of the Domestic Protection Act 1982 2: Where, at the commencement of this section, an interim order made under the Domestic Protection Act 1982 a: the making of a final order in substitution for the interim order; and b: the variation, discharge, and enforcement of that order,— as if this Act had not been passed. 3: Every final non-violence order, and every final non-molestation order, that— a: originated under or pursuant to the Domestic Protection Act 1982 b: pursuant to subsection (1) or subsection (2), is made after the commencement of this section under or pursuant to any of the provisions of that Act,— is deemed to be a protection order that is subject to the standard conditions contained in section 19 c: has effect for the purposes of this Act; and d: may be varied, discharged, and enforced,— as if it had originated or been made under the corresponding provisions of this Act. 4: Every final occupation order, final tenancy order, or final ancillary furniture order that— a: originated under or pursuant to the Domestic Protection Act 1982 b: pursuant to subsection (1) or subsection (2), is made after the commencement of this section under or pursuant to any of the provisions of that Act,— has effect and may be varied, discharged, and enforced, for the purposes of this Act, as if it had originated or been made under the corresponding provisions of this Act. 5: The Acts Interpretation Act 1924 1982 No 120 s 43 Transitional provisions applying on enactment of Domestic Violence Amendment Act 2013 Heading inserted 1 October 2014 section 19 Domestic Violence Amendment Act 2013 134: Programmes requested or directed before commencement of this section 1: Subsection (2) applies if, before the date of commencement of this section,— a: an applicant or a specified person made a request under section 29 b: the Registrar had not referred the request to a programme provider. 2: The Registrar must refer the request to a service provider under section 51C 3: Subsections (4) and (5) apply if, before the date of commencement of this section,— a: a direction under section 32 b: the Registrar had not, under section 34 4: The direction under section 32 section 51D a: undertake an assessment; and b: attend a non-violence programme. 5: The Registrar must, under section 51G a: make a referral to a service provider; and b: notify the service provider of the referral. Section 134 inserted 1 October 2014 section 19 Domestic Violence Amendment Act 2013 135: Referrals to programme providers before commencement of this section 1: Subsections (2) and (3) apply if, before the date of commencement of this section,— a: a request made to a Registrar under section 29 b: the programme provider had not arranged or commenced the provision of a programme in response to that request. 2: The programme provider must— a: advise the Registrar of the position; and b: take no further step in respect of the referral. 3: The Registrar must arrange for the matter to be referred to a service provider under section 51C 4: Subsections (5) to (7) apply if, before the date of commencement of this section,— a: a notification under section 34 section 32 b: the programme provider had not arranged or commenced the provision of a programme in response to that notification. 5: The programme provider must— a: advise the Registrar of the position; and b: take no further step in respect of the notification. 6: The direction under section 32 section 51D a: undertake an assessment; and b: attend a non-violence programme. 7: The Registrar must, under section 51G a: make a referral to a service provider; and b: notify the service provider of the referral. Section 135 inserted 1 October 2014 section 19 Domestic Violence Amendment Act 2013 136: Programmes arranged or in progress before commencement of this section 1: This section applies if— a: there was arranged or was in progress immediately before the date of commencement of this section— i: the provision of a programme to a protected person that has been requested under section 29 ii: the provision of a programme to a respondent or an associated respondent that the respondent or associated respondent has been directed under section 32 b: that programme has not been concluded by that date. 2: The provisions of this Act, as in force immediately before the date of commencement of this section, continue to apply in respect of the provision of that programme as if the Domestic Violence Amendment Act 2013 Section 136 inserted 1 October 2014 section 19 Domestic Violence Amendment Act 2013 137: Proceedings commenced before commencement of this section but not completed 1: This section applies if, at any time before the date of commencement of this section, proceedings have been commenced under any of the following provisions but were not by that date completed (a pending proceeding a: section 42 b: section 46 c: section 49A 2: The provisions of this Act, as in force immediately before the date of commencement of this section, continue to apply to a pending proceeding as if the Domestic Violence Amendment Act 2013 Section 137 inserted 1 October 2014 section 19 Domestic Violence Amendment Act 2013 138: Approval panel disestablished 1: The approval panel established by regulation 46 2: No member of the panel is entitled to compensation for loss of office resulting from the disestablishment of the panel. 3: An approval given by the panel under Part 3 Section 138 inserted 1 October 2014 section 19 Domestic Violence Amendment Act 2013

DLM367652

1995

Local Government Amendment Act (No 2) 1995

1: Short Title and commencement 1: This Act may be cited as the Local Government Amendment Act (No 2) 1995, and shall be read together with and deemed part of the Local Government Act 1974 2: This Act shall come into force on the day on which it receives the Royal assent. 2: Section 2 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314 3: Regional petrol tax reimposed until close of 31 January 1996 1: As from the close of the 14th day after this Act receives the Royal assent, there shall be payable on all petrol delivered or used— a: In the Auckland Regional Council's regional petrol tax area, a regional petrol tax at the rate of 0.95 cents a litre; and b: In the Wellington Regional Council's regional petrol tax areas, a regional petrol tax— i: At the rate of 1.5 cents a litre in Wellington, Porirua, and the Hutt Valley; and ii: At the rate of 0.5 cents a litre in Kapiti up to and including Waikanae; and c: In the Canterbury Regional Council's regional petrol tax area, a regional petrol tax at the rate of 0.62 cents a litre; and d: In the Otago Regional Council's regional petrol tax area, a regional petrol tax at the rate of 0.5 cents a litre; and e: In the Waikato Regional Council's regional petrol tax area, a regional petrol tax at the rate of 0.2 cents a litre. 2: The rates of regional petrol tax specified in subsection (1) Goods and Services Tax Act 1985 3: Notwithstanding anything in Part 11A section 2 of the Local Government Amendment Act (No 2) 1992) a: The regional petrol taxes imposed by subsection (1) b: The rate of any regional petrol tax specified in subsection (1) c: Subject to the provisions of this section, that Part of that Act shall apply in respect of every regional petrol tax imposed by this section as if there were omitted from section 200C(5) 30th day of June 1995 31st day of January 1996 4: For the purposes of this section, a regional council's regional petrol tax area or regional petrol tax areas shall be the tax area or tax areas approved by the Minister of Transport, for the purposes of the corresponding regional petrol tax levied by the council, under section 200C(6) 4: Expiry of Part 11A 1: Part 11A section 2 of the Local Government Amendment Act (No 2) 1992) 2: Part 11A section 2 of the Local Government Amendment Act (No 2) 1992 5: 6: Section 6 repealed 1 October 1998 14(1)(k) Local Government Amendment Act 1998

DLM367200

1995

Finance Act 1995

1: Short Title This Act may be cited as the Finance Act 1995. 1: Certain land not liable to resumption by the Crown under State-Owned Enterprises Act 1986 2: Certain land not liable to resumption by the Crown under State-Owned Enterprises Act 1986 1: Nothing in sections 8A to 8C section 4 sections 27B 27C section 10 2: Subsection (1) shall apply in relation to any claim submitted to the Waitangi Tribunal under section 6 3: The District Land Registrar of the North Auckland Land Registration District shall, as soon as practicable after the commencement of this Part, cancel the memorial entered, pursuant to section 27A 4: This section applies to the following land situated in the North Auckland Land Registration District: a: all that parcel of land comprising 319 square metres, more or less, being Lot 1 on Deposited Plan 34120, and being part Allotment 22 Section 4 Suburbs of Auckland, and being all of the land comprised and described in Certificate of Title 78D/45 (North Auckland Registry): b: all that parcel of land comprising 5310 square metres, more or less, being Lot 1 on Deposited Plan 139738, and being part Allotment 22 Section 4 Suburbs of Auckland, and being all of the land comprised and described in Certificate of Title 83A/185 (North Auckland Registry): c: all that parcel of land comprising 3.9887 hectares, more or less, being Lot 1 on Deposited Plan 136599, and being part Allotments 23 and 24 of Section 4 and Part Allotments 27 and 35 of Section 14 Suburbs of Auckland, and being all the land comprised and described in Certificate of Title 80C/204 (North Auckland Registry): d: all that parcel of land comprising 105 square metres, more or less, being Lot 1 on Deposited Plan 133723, and being part Allotment 27 Section 14 Suburbs of Auckland, and being all the land comprised and described in Certificate of Title 79A/43 (North Auckland Registry): e: all that parcel of land comprising 304 square metres, more or less, being Lot 11 Deeds Plan 16 Blue, and being part Allotment 22 Section 4 Suburbs of Auckland, and being all the land comprised and described in Certificate of Title 78D/43 (North Auckland Registry): f: all that parcel of land comprising 370 square metres, more or less, being Allotment 38 Section 4 Suburbs of Auckland, and being part Block VIII Rangitoto Survey District, and being all the land comprised and described in Certificate of Title 75B/153 (North Auckland Registry). 2: Accident Rehabilitation and Compensation Insurance Corporation Part 2 repealed 2 September 1996 Accident Rehabilitation and Compensation Insurance Amendment Act (No 2) 1996 3: Corporation payment to Crown Bank Account for public health care costs in respect of year ending 30 June 1996 Section 3 repealed 2 September 1996 Accident Rehabilitation and Compensation Insurance Amendment Act (No 2) 1996

DLM368527

1995

Transport (Vehicle and Driver Registration and Licensing) Amendment Act 1995

1: Short Title and commencement 1: This Act may be cited as the Transport (Vehicle and Driver Registration and Licensing) Amendment Act 1995, and shall be read together with and deemed part of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 principal Act 2: Sections 2 8 9 3: Except as provided in subsection (2) 2: 3: 4: Applications for registration 1: These subsections amended section 7 2: These subsections amended section 7 3: Section 5 of the Transport (Vehicle and Driver Registration and Licensing) Amendment Act 1992 subsections (3) and (4) Sections 4 5 30 October 1995 See regulation 2 Transport (Vehicle and Driver Registration and Licensing) Amendment Act Commencement Order (No 3) 1995 5: Application for licence for motor vehicle 1: These subsections amended section 10 2: These subsections amended section 10 3: These subsections amended section 10 4: This subsection substituted regulation 3A Transport (Vehicle Registration and Licensing) Regulations 1994 5: The Transport (Vehicle Registration and Licensing) Regulations 1994 subsection (4) 6: The Transport (Vehicle Registration and Licensing) Regulations 1994 Sections 4 5 30 October 1995 See regulation 2 Transport (Vehicle and Driver Registration and Licensing) Amendment Act Commencement Order (No 3) 1995 6: Duration of licences 1: This section substituted s 11 2: Section 10 of the Transport (Vehicle and Driver Registration and Licensing) Amendment Act 1992 7: 8: 9:

DLM367665

1995

Chatham Islands Council Act 1995

1: Short Title and commencement 1: This Act may be cited as the Chatham Islands Council Act 1995. 2: Except as provided in section 8(7) 2: Interpretation In this Act, unless the context otherwise requires,— council-controlled organisation section 6(1) council dues section 14 former council generally accepted accounting practice section 5(1) goods a: means all kinds of property; and b: includes animals; but c: does not include ships' stores or aircraft stores ship a: means every description of vessel, boat, ferry, or craft used in navigation, whether or not it has any means of propulsion, and regardless of that means; and b: includes a barge member Section 2 council-controlled organisation inserted 1 July 2003 section 262 Local Government Act 2002 Section 2 generally accepted accounting practice substituted 1 July 2003 section 262 Local Government Act 2002 Dissolution of Chatham Islands County Council 3: Dissolution of Chatham Islands County Council The Chatham Islands County Council is hereby dissolved. Abolition of Chatham Islands County 4: Abolition of Chatham Islands County The Chatham Islands County is hereby abolished. Constitution of Chatham Islands Territory 5: Constitution of Chatham Islands Territory There is hereby constituted a district, to be known as The Chatham Islands Territory, which district comprises the islands known as the Chatham Islands and the area of the territorial sea adjoining those islands. Constitution of Chatham Islands Council 6: Constitution of Chatham Islands Council A territorial authority to be known as the Chatham Islands Council is hereby constituted for the Chatham Islands Territory. 7: Functions, duties, and powers 1: Except as otherwise provided under this or any other Act, the Chatham Islands Council has the functions, duties, and powers of— a: a territorial authority under— i: the Local Government Act 2002 ii: the Local Government Act 1974 iii: the Local Government (Rating) Act 2002 iv: the Resource Management Act 1991 v: any other public Act; and b: a regional council under the Resource Management Act 1991 ; and c: a regional authority under the Building Act 2004 2: Except as otherwise provided in this Act or any other Act, the Chatham Islands Council shall have the functions, duties, and powers conferred on the former council by or under any Act that is for the time being in force. Section 7(1) substituted 7 July 2004 section 3 Chatham Islands Council Amendment Act 2004 Section 7(1)(b) amended 7 July 2010 section 4 Chatham Islands Council Amendment Act 2010 Section 7(1)(c) added 7 July 2010 section 4 Chatham Islands Council Amendment Act 2010 Membership and elections 8: Membership and elections 1: The first election of the Chatham Islands Council shall be held on 14 October 1995 and the members of the Chatham Islands Council to be elected at that first election shall comprise a Mayor and 8 other members. 2: For the purposes of the first election of the Chatham Islands Council, the Returning Officer and the principal administrative officer for the Chatham Islands Territory shall be respectively the Returning Officer and the principal administrative officer for the Chatham Islands County. 3: The first election of the Chatham Islands Council shall be conducted by postal voting. 4: Notwithstanding section 6 of the Local Elections and Polls Act 1976, every member of the Chatham Islands Council who is elected at the first election of members of the Chatham Islands Council shall come into office on the later of— a: 1 November 1995; or b: the day next after the day on which he or she is declared to be elected by the Returning Officer. 5: Notwithstanding section 4 of the Local Elections and Polls Act 1976, no election of the Chatham Islands County Council shall be held on 14 October 1995. 6: Every member of the Chatham Islands County Council shall, unless he or she sooner vacates office by reason of death, resignation, retirement, or disqualification, vacate his or her office as a member of the Chatham Islands County Council when the members of the Chatham Islands Council elected at the first election of the Chatham Islands Council come into office. 7: This section shall come into force on the day on which this Act receives the Royal assent. Procedure 9: Public notice Where the Chatham Islands Council is required to give public notice under any Act, that public notice shall consist of— a: notices or placards affixed to a noticeboard that is accessible to the public without charge in Waitangi, Kaingaroa, Owenga, and Pitt Island; and b: broadcasts transmitted on not less than 2 days on radio or television received generally within the Chatham Islands Territory (with 2 or more broadcasts on each of those days), which broadcasts shall specify— i: that the Chatham Islands Council is giving public notice; and ii: the general effect of the notice; and iii: each of the locations at which the public notice can be accessed under paragraph (a) and each of the places at which copies of the notice can be obtained. Annual reports 10: Annual plan Section 10 repealed 1 July 2003 section 262 Local Government Act 2002 11: Annual report Section 11 repealed 1 July 2003 section 262 Local Government Act 2002 12: Public inspection of reports Where the Chatham Islands Council adopts a report under section 10 section 11 a: shall make that report available for public inspection at its office; and b: shall make copies of that report available to the public— i: free of charge; or ii: at a reasonable charge; and c: shall, within 20 working days after its adoption, send copies of that plan and report to— i: the Secretary for Local Government; and ii: the Controller and Auditor-General; and iii: the Parliamentary Library. 1974 No 66 ss 223D(7) 223E(9) 1989 No 29 s 24(1) s 17(2) Financial systems 13: Financial systems 1: The Chatham Islands Council shall adopt financial systems and reporting and record keeping procedures in accordance with this section and shall in addition establish and maintain a system of internal control designed to provide reasonable assurance as to the integrity and reliability of financial reporting of the Chatham Islands Council. 2: The Chatham Islands Council shall adopt financial systems and reporting and record keeping procedures that shall— a: identify the expenses, revenues, and financial performance of the various activities of the Chatham Islands Council and of each of its significant activities: b: correctly record and correctly explain the transactions of the Chatham Islands Council: c: at any time enable the financial position of the Chatham Islands Council to be determined with reasonable accuracy: d: enable a fair reflection of the financial position and performance of the Chatham Islands Council to be presented at the end of the financial year: e: enable the financial statements for the Chatham Islands Council to be readily and properly audited: f: show in a full and complete manner— i: all revenue and expenses: ii: all assets and liabilities including contingent liabilities and guarantees: iii: the application of all funds held or received for any particular purpose (such as special funds, rates, targeted rates g: enable the Chatham Islands Council to prepare the funding and financial policies required by section 102 section 101 3: Nothing in section 223F Section 13 substituted 27 July 1996 section 9 Local Government Amendment Act (No 3) 1996 Section 13(2)(f)(iii) amended 1 July 2003 section 137(1) Local Government (Rating) Act 2002 Section 13(2)(g) substituted 1 July 2003 section 262 Local Government Act 2002 Council dues 14: Power to levy council dues 1: The Chatham Islands Council may, in accordance with the provisions of this Act, levy dues on goods imported into or exported from the Chatham Islands Territory by any means whatsoever. 2: The Chatham Islands Council may from time to time decide, not less than 14 days after giving public notice of its intention to do so, to fix by resolution rates of dues payable under this section. 3: Without limiting the powers conferred upon the Chatham Islands Council by this section, the Chatham Islands Council, by a resolution that levies dues under this Act and is made not less than 14 days after the Council has given public notice of its intention to do so, a: provide for dues to be levied on— i: any specified goods: ii: goods of any specified class or classes: iii: all goods except goods of a specified class or of specified classes: iv: all goods imported into or exported from the Chatham Islands Territory by any means whatsoever: b: provide for dues to be levied at different rates in respect of different goods or different classes of goods or both: c: specify, in relation to goods imported into or exported from any island within the Chatham Islands Territory, a rate of dues that is different from that payable in respect of goods imported into or exported from the other islands within the Chatham Islands Territory: d: specify, in relation to goods carried by sea, a rate of dues that is different from that payable in respect of goods carried by air: e: specify the basis of measurement by which the amount of the dues payable in respect of any specified goods or any specified class of goods is to be determined: f: specify the period of time within which dues on any goods or any class of goods are to be paid: g: specify any goods or any classes of goods in respect of which dues are not payable: h: specify circumstances in which dues are not to be payable in respect of any goods. 1980 No 6 (L) s 4 Section 14(2) substituted 1 July 2003 section 262 Local Government Act 2002 Section 14(3) amended 1 July 2003 section 262 Local Government Act 2002 15: Application of proceeds of council dues All money received by the Chatham Islands Council from council dues collected in accordance with this Act shall form part of the general revenues of the Chatham Islands Council. 1980 No 6 (L) s 5 16: Persons liable to pay council dues 1: The persons jointly and severally liable to pay council dues in respect of any goods carried in any ship or aircraft are as follows: a: the owner of the goods: b: any consignor, consignee, shipper, or agent for the sale or custody of the goods: c: any person entitled to the possession of the goods either as owner or agent for the owner: d: in the case of goods landed from a ship or unloaded from an aircraft and not claimed within 7 days thereafter, the owner and master of the ship or, as the case may be, the owner and pilot of the aircraft. 2: The consignor and consignee of any goods carried in a ship or aircraft shall, until the contrary is shown, be deemed to be the persons so named in the manifest of the ship or aircraft, as the case may be. 3: Notwithstanding subsection (1), the Chatham Islands Council may from time to time, by written notice given to any person (being a person who operates a ship or aircraft between the Chatham Islands Territory and any other part of New Zealand), require that person to collect, on behalf of the Chatham Islands Council, any council dues payable in respect of goods imported into or exported from the Chatham Islands Territory on any ship or aircraft operated by that person. 3A: A person required by notice under subsection (3) to collect council dues on behalf of the Chatham Islands Council— a: holds the dues collected in trust for the Chatham Islands Council; and b: must pay those dues into a separate account at a bank. 4: A person in respect of whom a notice under subsection (3) is in force— a: shall be entitled to reimbursement of all reasonable costs and expenses (including reasonable remuneration for clerical and other work) incurred in collecting dues and in complying with subsection (5); and b: may, with the agreement of the Chatham Islands Council, retain, in payment of the reimbursement to which that person is entitled under paragraph (a), an agreed amount or proportion of any council dues collected by that person. 5: Where any person is required by a notice given under subsection (3), to collect council dues payable in respect of goods carried on any ship or aircraft, that person shall, within 28 days after the end of each month in which any council dues are collected by that person, pay to the Chatham Islands Council the amount of the council dues so collected (less any amount retained by that person in accordance with any agreement entered into under subsection (4)(b)) and shall deliver to the Chatham Islands Council, at the same time, a return setting forth— a: particulars of the goods in respect of which the council dues were paid; and b: the dates on which the council dues were paid to that person; and c: the names of the persons by whom the council dues were paid; and d: the dates on which the goods were imported into or exported from the Chatham Islands Territory; and e: particulars of the ships or aircraft on which the goods were carried; and f: the amounts (if any) retained by that person in accordance with any agreement entered into under subsection (4)(b); and g: such other relevant particulars as the Chatham Islands Council may from time to time require. 5A: If a person required by notice under subsection (3) to collect council dues does not pay them to the Chatham Islands Council in accordance with subsection (5), the Chatham Islands Council may— a: add to the amount owing a penalty of 10% of the amount owing; but b: remit all or part of a penalty added under paragraph (a). 5B: Subsection (5A) Chatham Islands Council Amendment Act 2002 6: The Chatham Islands Council may at any time revoke a notice given under subsection (3) by giving to the person to whom that notice was given a written notice revoking the notice given under subsection (3). 7: Every person commits an offence and is liable on a: who fails to comply with a notice under subsection (3); or b: who fails to comply with subsection (5). 1980 No 6 (L) s 7 Section 16(3A) inserted 19 December 2002 section 3(1) Chatham Islands Council Amendment Act 2002 Section 16(5A) inserted 19 December 2002 section 3(2) Chatham Islands Council Amendment Act 2002 Section 16(5B) inserted 19 December 2002 section 3(2) Chatham Islands Council Amendment Act 2002 Section 16(7) amended 1 July 2013 section 413 Criminal Procedure Act 2011 17: Right to hold owner's money Every person referred to in section 16 1980 No 6 (L) s 8 18: Information to be supplied by importer and exporter 1: Where a ship or aircraft is to arrive in the Chatham Islands Territory, the master in command of the ship or the pilot in command of the aircraft or the agent of the master or pilot in command shall, before the arrival of the ship or aircraft at its destination in the Chatham Islands Territory, transmit to the Chatham Islands Council, or an officer or agent of the Chatham Islands Council, by facsimile or other means of communication, a copy of the bills of lading, freight lists, or manifest of the goods intended to be landed from the ship or aircraft, or other proper account of all goods intended to be landed from the ship or aircraft, and the name or names of the consignees to whom the goods are intended to be delivered. 2: Every such bill of lading, freight list, manifest, or other account— a: shall contain full particulars of the number of items, weights, or measurements of the goods, according as freight is payable thereon by number, weight, or measurement; and b: shall show the amount of the freight charge. 3: Every person exporting goods from the Chatham Islands Territory shall, before the goods are loaded on the ship or aircraft, deliver to the chief executive 1980 No 6 (L) s 10 Section 18(3) amended 1 July 2003 section 262 Local Government Act 2002 19: Verification of cargo The Chatham Islands Council may, for the purpose of ensuring that council dues are paid, verify the goods being imported into or exported from the Chatham Islands Territory. 20: Verification Officers 1: The Chatham Islands Council may, for the purposes of section 19 2: Where any Verification Officer has reasonable cause to believe that any goods on which council dues are payable are being transported, or have been transported, or are to be transported by ship or aircraft to or from the Chatham Islands Territory, that Verification Officer may, for the purpose of verifying the accuracy of any information provided to the Chatham Islands Council or its officer or agent under section 18 a: require any such ship or aircraft to be stopped: b: search any such ship or aircraft: c: open, or require to be opened, any container that— i: is being transported on any such ship or aircraft; or ii: has been transported on any such ship or aircraft; or iii: is to be transported on any such ship or aircraft. 3: Every person commits an offence and is liable on Section 20(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 21: Warrant of appointment 1: The Chatham Islands Council shall supply to every officer or agent appointed as a Verification Officer under section 20 2: The production by any person of the warrant provided under subsection (1) shall be sufficient proof of that person's authority to act as a Verification Officer. 3: Every Verification Officer shall, if so required, produce the warrant supplied to that Verification Officer under subsection (1) before exercising any power under section 20 4: Every person appointed as a Verification Officer shall, on the termination of his or her appointment, surrender to the Chatham Islands Council the warrant supplied to that person under subsection (1). 22: Offence of acting without warrant Every person commits an offence and is liable on section 21 Section 22 amended 1 July 2013 section 413 Criminal Procedure Act 2011 23: Offences of masters, owners, etc 1: Every person commits an offence who, being a master, owner, consignor, consignee, shipper, aircraft pilot, or agent,— a: evades or attempts to evade the payment of any council dues; or b: makes a false declaration in respect of any goods liable to payment of council dues. 2: Every person who commits an offence against subsection (1) is liable on a: to a fine not exceeding $1,500; or b: where the amount of the council dues which that person has evaded or attempted to evade or in respect of which that person has made a false declaration exceeds $1,500, to a fine not exceeding the amount of those dues. 3: The imposition on any person of a fine upon that person's conviction for an offence against subsection (1) does not preclude the Chatham Islands Council from recovering the amount of any unpaid council dues in respect of any goods to which the offence related. 1980 No 6 (L) s 11 Section 23(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 24: Recovery of unpaid dues The amount of any unpaid council dues may be recovered by the Chatham Islands Council as a debt in any court of competent jurisdiction from any person liable to pay them under this Act. 1980 No 6 (L) s 12 25: Saving of other powers of Council 1: Council dues under this Act may be levied and collected in addition to any levies and charges made pursuant to this Act or any other Act. 2: The Chatham Islands Council may appoint the same officer or agent to collect both council dues and any other fees, charges, or dues which it is empowered to charge or levy by virtue of any other Act. 1980 No 6 (L) s 13 Resource management 26: Resource management planning 1: The Chatham Islands Council shall have a single resource management document. 2: That document shall contain all that information that the Resource Management Act 1991 a: a regional policy statement; and b: a regional coastal plan; and c: a district plan. 3: That document may contain, in addition, provision for— a: such matters as are provided for in section 67 b: regional rules made in accordance with section 68 4: The Chatham Islands Council may develop, in addition to the document specified in subsection (1), one or more regional plans in accordance with section 65 5: Notwithstanding section 28(b) 6: The Chatham Islands Council shall publicly notify the proposed Chatham Islands resource management document no later than 2 years after the commencement of this Act. 27: Time periods for consent hearings Where the Resource Management Act 1991 28: Enforcement officers Notwithstanding section 38 a: any of its officers; or b: any of the officers of the new Ministry to carry out all or any of the functions and powers as an enforcement officer under that Act. Section 28(b) amended 1 March 1998 section 5(1)(c) Ministries of Agriculture and Forestry (Restructuring) Act 1997 Bylaws 29: Bylaws 1: The Chatham Islands Council may make bylaws to do all or any of the following things: a: regulate the time when and place at which council dues are payable: b: provide for such other matters as may be necessary to enable the objects of this Act to be carried out effectually. 2: Nothing in subsection (1) limits the power of the Chatham Islands Council to make bylaws under any other Act. 1980 No 6 (L) s 9 Repeals, amendments, and transitional provisions 30: Repeals The following enactments are hereby repealed: a: the Chatham Islands County Council Empowering Act 1980: b: the Chatham Islands County Council (Rates and Dues Validation) Act 1991. 31: Amendments to Local Government Act 1974 Section 31 repealed 1 July 2003 section 266 Local Government Act 2002 32: Amendment to Ombudsmen Act 1975 Amendment(s) incorporated in the Act(s) 33: Amendment to Local Government Official Information and Meetings Act 1987 Amendment(s) incorporated in the Act(s) 34: Amendment to Rating Powers Act 1988 Section 34 repealed 1 July 2003 section 137(1) Local Government (Rating) Act 2002 35: Amendment to Resource Management Act 1991 Section 35 repealed 7 July 2004 section 4 Chatham Islands Council Amendment Act 2004 36: Amendment to Biosecurity Act 1993 Amendment(s) incorporated in the Act(s) 37: Amendments to Income Tax Act 1994 Section 37 repealed 1 April 2005 section YA 2 Income Tax Act 2004 38: Transitional provisions The provisions of the Schedule

DLM368668

1995

Radio New Zealand Act (No 2) 1995

1: Short Title and commencement 1: This Act may be cited as the Radio New Zealand Act (No 2) 1995. 2: This Act shall come into force on a date to be appointed by the Governor-General by Order in Council. 2: Amendments to State-Owned Enterprises Act 1986 and other Acts The enactments specified in the Schedule to this Act are hereby amended in the manner indicated in that schedule.

DLM359353

1995

Newspapers and Printers Act Repeal Act 1995

1: Short Title and commencement 1: This Act may be cited as the Newspapers and Printers Act Repeal Act 1995. 2: This Act shall come into force on the 28th day after the day on which it receives the Royal assent. 2: Newspapers and Printers Act 1955 repealed The Newspapers and Printers Act 1955 3: Amendment to Films, Videos, and Publications Classification Act 1993 Section 2 newspaper newspaper 4: Consequential amendments 1: Section 2 printed matter printed matter 2: Section 2 public record Newspapers and Printers Act 1955 Films, Videos, and Publications Classification Act 1993 3: Section 15(3) paragraph (b) b: Newspaper section 2 of the Films, Videos, and Publications Classification Act 1993 ba: Publisher 4: Section 147(3)(b) magazine , newspaper,

DLM368543

1995

Commissions of Inquiry Amendment Act 1995

1: Short Title This Act may be cited as the Commissions of Inquiry Amendment Act 1995, and shall be read together with and deemed part of the Commissions of Inquiry Act 1908 2: New sections substituted This section substituted section 13 sections 13A to 13D 3: Repeal Section 2(2) of the Commissions of Inquiry Amendment Act 1968 4: Application to existing Commissions 1: Subject to subsection (2) 2: Section 13 3: For the avoidance of doubt, where before the commencement of this Act a person has been served with a summons issued under section 4D

DLM371267

1995

Goods and Services Tax Amendment Act (No 2) 1995

1: Short Title This Act may be cited as the Goods and Services Tax Amendment Act (No 2) 1995, and shall be read together with and deemed part of the Goods and Services Tax Act 1985 2: Interpretation 1: This subsection substituted paragraph (a) associated persons 2: This subsection amended paragraph (c) input tax 3: Subsection (1) 4: Subject to subsection (5) subsection (2) a: Supplies made on or after the 21st day of June 1995; and b: Supplies made at any time before that date where the registered person to whom the supply was made has not before that date furnished a return in which a deduction for input tax in relation to the supply has been made. 5: Subsection (2) a: There is a supply by way of sale under an unconditional contract entered into before 21 June 1995 or a conditional contract entered into before 21 June 1995 that became unconditional before that date; and b: No return was furnished on or before 21 June 1995 for the taxable period in which payment for the supply was made. Subsection (5) substituted 21 June 1995 48(1) Taxation (Remedial Provisions) Act 1996 3: Meaning of term supply 1: This subsection inserted section 5(15) to (19) 2: Subject to subsections (3) (4) a: Any supply made on or after the 11th day of August 1995; and b: Any supply made before that date to— i: A registered person who has not, before that date, furnished a return in which a deduction for input tax in relation to that supply has been made; or ii: A registered person who has made such a deduction but has had it denied by the Commissioner in an assessment made before that date and has not as at that date a live objection or appeal in respect of the deduction. 3: Notwithstanding subsection (2)(b)(i) a: There is a supply by way of sale under an unconditional contract entered into before 11 August 1995 or a conditional contract entered into before 11 August 1995 that became unconditional before that date; and b: No return was furnished on or before 11 August 1995 for the taxable period in which payment was made. 4: Nothing in subsection (2) (3) section 5(19) Subsection (3) substituted 11 August 1995 49(1) Taxation (Remedial Provisions) Act 1996 4: 5: 6:

DLM368903

1995

Criminal Investigations (Bodily Samples) Act 1995

1: Short Title and commencement 1: This Act may be cited as the Criminal Investigations ( Bodily 2: This Act shall come into force on a date to be appointed by the Governor-General by Order in Council. 3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 1(2) brought into force 12 August 1996 clause 2 Criminal Investigations (Blood Samples) Act Commencement Order 1996 Section 1(1) amended 15 April 2004 section 4(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 1(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 1: Preliminary provisions 2: Interpretation 1: In this Act, unless the context otherwise requires,— appeal period a: when the time for bringing an appeal against the conviction expires, if no such appeal has been brought; or b: if an appeal against the conviction has been brought, when the appeal is finally determined or is withdrawn, whichever occurs first approved agency section 4B(1)(a) blood sample bodily sample sample buccal sample section 4B(1)(b) charged , in relation to a person, means that a charging document charging the person with an offence has been filed in the District Court child Commissioner compulsion order conviction a: a finding, by the Youth Court b: an acquittal on account of insanity; and c: the dismissal of a charge ; and d: a finding that the person is unfit to stand trial;— and convicted databank compulsion notice a: means a notice issued under section 39 b: includes— i: a databank compulsion notice that a Judge has varied, or included a condition on, under section 42 section 43 section 43A section 47 ii: a databank compulsion notice in relation to which a Part 3 databank compulsion notice hearing section 41 databank request section 30 detained under a sentence of imprisonment section 4A District Court sections 6(2)(b)(vii) 7(b)(viii) 13(1) 14(1)(a) 15(1) 16(1) 18(1) and (3)(b)(vii) the Youth Court DNA profile a: that is clearly identifiable as relating to that person; and b: that is able to be compared with information obtained from an analysis (using the same technique) of another sample of genetic material for the purpose of determining, with reasonable certainty, whether or not the other sample is from that person DNA profile databank section 25 fingerprick sample forensic comparison imprisonable offence independent adult section 2A juvenile compulsion order section 23 lawyer section 6 medical practitioner section 114(1)(a) nurse section 114(1)(a) parent 18 a: means a parent or guardian of that person; and b: includes a step-parent of the person; but, if the person is under 18, only if the step-parent shares responsibility for the day-to-day care of the person with one of the person’s parents; and c: if no parent or guardian of that person can be found with reasonable diligence or is capable of consenting to the taking of a bodily Part 2A request section 24D Part 2B temporary databank section 24O Part 3 order prison officer section 3(1) relevant offence a: an offence against any of the provisions listed in Part 1 Schedule 1 b: an offence against any of the provisions listed in Part 2 Schedule 1 ba: an offence against any of the provisions listed in Part 3 Schedule 1 c: an attempt to commit an offence against any of the provisions listed in Part 1 , 2 3 Schedule 1 d: conspiring with any person to commit an offence against any of the provisions listed in Part 1 , 2 3 Schedule 1 e: an offence punishable by a term of imprisonment of 7 years or more; or f: an attempt to commit an offence of the kind referred to in paragraph (e); or g: conspiring with any person to commit an offence of the kind referred to in paragraph (e) respondent specified date a: 30 June 2000; or b: such later date (being not later than 30 June 2005) as may be specified for the purposes of sections 60 62 ( see whichever is the later suitably qualified person a: a blood sample,— i: a medical practitioner; or ii: a iii: a medical technologist with a degree in medical laboratory science; or iv: a person trained in phlebotomy in accordance with the national standard for training phlebotomists adopted by the Association of Community Laboratories Incorporated: b: a buccal sample,— i: a medical practitioner; or ii: any person specified in paragraph (a)(ii) to (iv) who has undergone training in taking and dealing with buccal samples in accordance with the training criteria determined by the approved agency suspect a: that person has been charged with that offence; or b: there is good cause to suspect that person of having committed that offence suspect compulsion order section 16 suspect request section 6 triggering offence section 24J section 24K venous sample video record section 4 young person 18 2: For the purposes of this Act, 2 offences are related to one another if the elements of the 2 offences comprise substantially the same act or omission. 3: An order under paragraph (b) of the definition of specified date in subsection (1) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) approved agency inserted 15 April 2004 section 5(1) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 2(1) blood sample inserted 15 April 2004 section 5(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 2(1) blood sample sample repealed 15 April 2004 section 5(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 2(1) bodily sample sample inserted 15 April 2004 section 5(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 2(1) buccal sample inserted 15 April 2004 section 5(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 2(1) charged replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 2(1) charged amended 1 March 2017 section 261 District Court Act 2016 Section 2(1) child inserted 15 April 2004 section 5(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 2(1) compulsion order amended 15 April 2004 section 5(3) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 2(1) conviction amended 1 March 2017 section 261 District Court Act 2016 Section 2(1) conviction amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 2(1) conviction amended 1 September 2004 section 50(2) Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 2(1) conviction added 1 September 2004 section 50(2) Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 2(1) databank compulsion notice inserted 15 April 2004 section 5(4) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 2(1) databank compulsion notice hearing inserted 15 April 2004 section 5(4) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 2(1) databank compulsion order repealed 15 April 2004 section 5(4) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 2(1) detained under a sentence of imprisonment inserted 15 April 2004 section 5(5) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 2(1) District Court inserted 5 December 2011 section 32 Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 2(1) District Court amended 1 March 2017 section 261 District Court Act 2016 Section 2(1) home detention repealed 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 2(1) imprisonable offence inserted 5 December 2011 section 32 Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 2(1) independent adult substituted 6 September 2010 section 4(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 2(1) indictable offence repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 2(1) lawyer substituted 1 August 2008 section 348 Lawyers and Conveyancers Act 2006 Section 2(1) medical practitioner inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) nurse inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) parent amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 2(1) parent paragraph (b) substituted 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 2(1) parent paragraph (c) amended 15 April 2004 section 5(8) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 2(1) Part 2A request inserted 15 April 2004 section 5(9) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 2(1) Part 2B temporary databank inserted 6 September 2010 section 4(3) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 2(1) Part 3 order inserted 15 April 2004 section 5(9) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 2(1) prison officer substituted 1 June 2005 section 206 Corrections Act 2004 Section 2(1) relevant offence substituted 15 April 2004 section 5(10) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 2(1) relevant offence amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 2(1) relevant offence amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 2(1) relevant offence inserted 6 September 2010 section 4(4) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 2(1) relevant offence amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 2(1) relevant offence amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 2(1) relevant offence amended 6 September 2010 section 4(5) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 2(1) relevant offence amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 2(1) relevant offence amended 6 September 2010 section 4(5) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 2(1) specified date amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) suitably qualified person inserted 15 April 2004 section 5(11) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 2(1) suitably qualified person amended 15 December 2005 section 3 Criminal Investigations (Bodily Samples) Amendment Act 2005 Section 2(1) triggering offence inserted 6 September 2010 section 4(6) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 2(1) video record added 27 March 2008 section 4 Criminal Investigations (Bodily Samples) Amendment Act 2008 Section 2(1) young person added 6 September 2010 section 4(6) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 2(1) young person amended 1 July 2019 section 39 Oranga Tamariki Legislation Act 2019 Section 2(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 2A: Meaning of independent adult For the purpose of this Act, independent adult a: in relation to a suspect under the age of 18 Part 2A i: if a parent or other person having the care of the suspect is present under section 50(1)(b) ii: if a person referred to in subparagraph (i) is not present but the suspect, or, if section 50(3) iii: if none of the persons referred to in subparagraphs (i) and (ii) is present, any person of or over the age of 18 section 4 A: chosen by the suspect; or B: if the suspect fails or refuses to choose, chosen by a constable: b: in relation to a young person from whom a bodily sample is being taken under Part 2B i: if a parent or other person having the care of the young person is present under section 50A(2)(b) ii: if a person referred to in subparagraph (i) is not present but the young person, or, if section 50A(4) iii: if none of the persons referred to in subparagraphs (i) and (ii) is present, any person of or over the age of 18 section 4 A: chosen by the young person; or B: if the young person fails or refuses to choose, chosen by a constable. Section 2A inserted 6 September 2010 section 5 Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 2A(a) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 2A(a)(iii) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 2A(b)(iii) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 2B: Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1AA Section 2B inserted 1 July 2019 section 40 Oranga Tamariki Legislation Act 2019 3: Act to bind the Crown This Act binds the Crown. 4: Application 1: This Act applies to the investigation of offences committed, or believed to have been committed, before or after the commencement of this Act. 2: Part 3 a: convictions entered after the commencement of this Act; and b: convictions entered before the commencement of this Act if, and only if, the person in relation to whom the conviction was entered is, on the date of commencement of section 7 3: Despite subsection (2), nothing in Part 3 section 7 a: offence against any of the provisions listed in Part 2 Schedule 1 b: attempt to commit an offence against any of the provisions listed in Part 1 Part 2 Schedule 1 Schedule 1 c: conspiracy to commit an offence against any of the provisions listed in Part 1 Part 2 Schedule 1 d: offence punishable by a term of imprisonment of 7 years or more unless it is an offence listed in Part 1 Schedule 1 e: attempt to commit an offence of the kind referred to in paragraph (d) unless the offence is itself specified as an attempt in Part 1 Schedule 1 f: conspiracy to commit an offence of the kind referred to in paragraph (d). Section 4(2) substituted 15 April 2004 section 7 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 4(3) added 15 April 2004 section 7 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 4(3)(a) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 4(3)(b) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 4(3)(c) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 4(3)(d) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 4(3)(e) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 4A: Detained under sentence of imprisonment 1: For the purposes of section 4 Part 3 detained under a sentence of imprisonment an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 a: in a prison b: in a residence administered by the department for the time being responsible for the administration of the Oranga Tamariki Act 1989 c: in, or on leave from, a hospital— i: under section 46 ii: following an application under section 45(2) iii: under an order under section 34(1)(a)(i) d: in, or on leave from, a secure facility— i: following an application under section 29(1) ii: under an order under section 34(1)(a)(ii) 2: To avoid doubt, a person is detained under a sentence of imprisonment under subsection (1) if he or she is detained in any manner described in that subsection,— a: under cumulative sentences of imprisonment (treated as 1 term under section 92(2) section 4(1) an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 i: reached the start date of the sentence or component that relates to the offence ii: passed the release date of the sentence or component that relates to the offence b: under a concurrent sentence of imprisonment imposed on him or her before he or she was released from an earlier sentence of imprisonment imposed for an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 3: To avoid doubt, a person is not detained under a sentence of imprisonment under subsection (1) if he or she has been convicted of an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 a: serving a sentence of imprisonment by way of home detention; or ab: subject to residential restrictions imposed under section 15 b: detained in a prison Section 4A inserted 15 April 2004 section 8 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 4A(1) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 4A(1) amended 5 December 2013 section 4(1) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 4A(1)(a) amended 1 June 2005 section 206 Corrections Act 2004 Section 4A(1)(b) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 4A(1)(c) substituted 1 September 2004 section 50(3) Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 4A(1)(d) added 1 September 2004 section 50(3) Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 4A(2)(a) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 4A(2)(a) amended 5 December 2013 section 4(2)(a) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 4A(2)(a)(i) amended 5 December 2013 section 4(2)(b) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 4A(2)(a)(ii) amended 5 December 2013 section 4(2)(b) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 4A(2)(b) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 4A(2)(b) amended 5 December 2013 section 4(3) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 4A(3) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 4A(3) amended 5 December 2013 section 4(4) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 4A(3)(ab) inserted 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 4A(3)(b) amended 1 June 2005 section 206 Corrections Act 2004 4B: Approval of agency to determine training criteria for dealing with, and device or other means for taking, buccal samples 1: The Minister of Justice may, by notice a: an agency to determine the training criteria for persons taking, supervising the taking of, or dealing with buccal samples: b: a device for taking, or other means of providing, buccal samples. 2: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 4B inserted 31 October 2003 section 9 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 4B(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 4B(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 2: Obtaining bodily Part 2 heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Authority to obtain bodily Heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 5: Authority to take bodily Subject to section 72 bodily sample constable a: the offence is an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 b: either,— i: in the case of a suspect who is of or over the age of 18 section 9 ii: in the case of a suspect who is of or over the age of 14 years but under 18 section 9 iii: the sample is taken under and in accordance with a suspect compulsion order or a juvenile compulsion order; and c: the sample is taken in accordance with the procedures set out in Part 4 Section 5 heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 5 amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 5 amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 5(a) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 5(a) amended 5 December 2011 section 33 Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 5(b)(i) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 5(b)(ii) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 5A: Relationship to Part 2B The authority in this Part to take, or order the taking of, a bodily sample from a person in respect of an offence is not limited by the fact that a bodily sample has been taken from that person under Part 2B Section 5A inserted 6 September 2010 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2009 Obtaining bodily Heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 6: Request to consent to taking of bodily 1: Subject to section 8 imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 constable bodily constable 2: Subject to section 8 constable a: hand to the suspect to whom the request is made a written notice containing the particulars specified in section 7(b) b: inform the suspect, in a manner and in language that the suspect is likely to understand,— i: of the offence in respect of which the request is made; and ii: that the constable bodily iii: that the suspect is under no obligation to give the sample; and iv: that if the suspect consents to the taking of the sample, the suspect may, at any time before the sample is taken, withdraw that consent; and v: that the suspect may wish to consult a lawyer before deciding whether or not to consent to the taking of the sample; and vi: that the sample will be analysed and may provide evidence that may be used in criminal proceedings; and vii: that if the suspect refuses to consent to the taking of the sample, and there is good cause to suspect that the suspect committed the offence in respect of which the request is made, or a related offence, and that offence is an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 District Court Judge bodily Section 6 heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 6(1) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 6(1) amended 5 December 2011 section 34(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 6(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 6(1) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 6(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 6(2)(b)(ii) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 6(2)(b)(ii) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 6(2)(b)(vii) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 6(2)(b)(vii) amended 5 December 2011 section 34(2)(a) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 6(2)(b)(vii) amended 5 December 2011 section 34(2)(b) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 6(2)(b)(vii) amended 15 April 2004 section 6(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 7: Form and content of notice Subject to section 8 section 6(2)(a) a: shall be in the prescribed form; and b: shall contain the following particulars: i: a statement that it is believed that the suspect has or may have committed an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 bodily ii: a statement that there are reasonable grounds to believe that analysis of the sample would tend to confirm or disprove the suspect’s involvement in the commission of that offence: iii: a statement that the suspect is under no obligation to give the sample: iv: a statement that if the suspect consents to the taking of the sample, the suspect may, at any time before the sample is taken, withdraw that consent: v: a statement that the suspect may wish to consult a lawyer before deciding whether or not to consent to the taking of the sample: vi: a statement that unless, within the period of 48 hours after the request is made, the suspect consents to the taking of the sample, the suspect shall be deemed to have refused to consent to the taking of the sample: vii: a statement that the sample will be analysed and may provide evidence that may be used in criminal proceedings: viii: a statement that if the suspect refuses to consent to the taking of the sample, and there is good cause to suspect that the suspect committed the offence in respect of which the request is made, or a related offence, District Court Judge bodily ix: a summary of the provisions of sections 48 , 49 49A x: a statement that the suspect may request that the sample be taken in the presence of a lawyer, or another person, of the suspect’s own choice: xi: a summary of the provisions of sections 55 56 56A 59 xii: a statement that the sample, and any information derived from any analysis of the sample, will be held by or on behalf of the Police: xiii: a statement that if the suspect is convicted of the offence in respect of which the sample is taken, or a related offence, xiv: a reference to the provisions of section 60 xv: such other particulars as may be prescribed. Section 7(b)(i) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 7(b)(i) amended 5 December 2011 section 35(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 7(b)(i) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 7(b)(viii) amended 5 December 2011 section 35(2)(a) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 7(b)(viii) amended 5 December 2011 section 35(2)(b) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 7(b)(viii) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 7(b)(ix) amended 15 April 2004 section 10(1) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 7(b)(x) substituted 15 April 2004 section 10(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 7(b)(xi) amended 15 April 2004 section 10(3) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 7(b)(xiii) amended 5 December 2011 section 35(3) Criminal Investigations (Bodily Samples) Amendment Act 2009 8: Suspect requests to persons under 18 1: Nothing in section 6 a: applies in respect of a suspect who is a child or was a child at the time the offence in relation to which the request is made was committed; or b: makes a person of the kind referred to in paragraph (a) capable of consenting to the taking of a bodily sample in response to a request made under that section. 1A: However, a suspect who is a child, or was a child at the time the offence is alleged to have been committed, may consent to the taking of a buccal sample as a result of a Part 2A request if, in accordance with section 272 Oranga Tamariki Act 1989 Criminal Procedure Act 2011 2: Where a suspect request is made under section 6 18 section 7 a: the constable section 6(2)(a) b: the constable section 6(2)(b) i: that the bodily ii: that no parent of the suspect is under any obligation to consent to the taking of the sample; and c: the notice required by section 6(2)(a) section 7(b) i: a statement that the bodily ii: a statement that no parent of the suspect is under any obligation to consent to the taking of the sample: iii: a statement that any parent of the suspect may wish to consult a lawyer before deciding whether or not to consent to the taking of the sample: iv: a statement that if a parent of the suspect consents to the taking of the sample, that parent may, at any time before the sample is taken, withdraw that consent : v: a statement that a bodily sample may be taken in the presence of a parent: vi: a summary of section 52A d: the notice required by section 6(2)(a) section 7(b)(vi) Section 8(1) substituted 15 April 2004 section 11(1) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 8 heading amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 8(1A) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 8(1A) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 8(2) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 8(2)(a) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 8(2)(b) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 8(2)(b)(i) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 8(2)(c)(i) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 8(2)(c)(iv) amended 15 April 2004 section 11(2)(a) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 8(2)(c)(v) added 15 April 2004 section 11(2)(b) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 8(2)(c)(vi) added 15 April 2004 section 11(2)(b) Criminal Investigations (Bodily Samples) Amendment Act 2003 9: Consent to taking of bodily 1: No consent to the taking of a bodily a: it is in writing and signed by the person giving the consent; or b: it is given orally and recorded on a video record 2: Where any such consent is in writing, the consent shall be signified on the notice required by section 6(2)(a) 3: Where any such consent is recorded on a video record video record a: in the case of a consent given by a suspect,— i: the making of the suspect request to the suspect; and ii: the handing to the suspect of the notice required by section 6(2)(a) iii: the giving of consent to the taking of the sample: b: in the case of a consent given by a parent of a suspect,— i: the giving section 6(2)(a) section 8(2)(a) ii: the giving of consent to the taking of a sample from the suspect. Section 9 heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 9(1) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 9(1)(b) amended 27 March 2008 section 5(1) Criminal Investigations (Bodily Samples) Amendment Act 2008 Section 9(3) amended 27 March 2008 section 5(2) Criminal Investigations (Bodily Samples) Amendment Act 2008 Section 9(3)(b)(i) amended 15 April 2004 section 12 Criminal Investigations (Bodily Samples) Amendment Act 2003 10: Withdrawal of consent 1: Where any person consents to the taking of a bodily a: that person may, at any time before the sample is taken, withdraw that consent, either orally or in writing; and b: on any such withdrawal, the suspect to whom the suspect request was made shall be deemed to have refused to consent to the taking of the sample. 2: Where any such consent is withdrawn orally, that withdrawal shall be recorded in writing by a constable Section 10(1) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 10(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 11: Consent deemed to have been refused For the purposes of sections 13 16 18 23 section 6 bodily a: in the case of a suspect request made to a person who is of or over the age of 18 b: in the case of a suspect request made to a person who is under the age of 18 i: that suspect; and ii: a parent of that suspect— have so consented. Section 11 amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 11(a) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 11(b) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 12: Right of suspect in custody to consult lawyer 1: Subject to subsection (2), every suspect to whom a suspect request is made and who is in custody is entitled to consult privately with a lawyer with respect to that request. 2: Nothing in subsection (1) prevents the taking of such measures as are reasonably necessary— a: to prevent the suspect from escaping; or b: to ensure the safety of the suspect or any other person; or c: to prevent the suspect from damaging any property. Obtaining bodily 18 Heading amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 13: Application for order authorising taking of bodily 1: An application may be made in accordance with this section to a District Court Judge or a High Court Judge 18 bodily a: there is good cause to suspect that the suspect has committed an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 b: the suspect has refused to consent to the taking of a bodily 2: Every application under subsection (1) shall be made by a constable who is of or above the level of position of inspector a: the facts relied on to show that there is good cause to suspect that the respondent has committed an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 b: the reasons why it is considered necessary to obtain a suspect compulsion order in relation to the respondent, including the facts relied on to show that there are reasonable grounds to believe that analysis of a bodily c: where possible, the type of analysis that is likely to be required in respect of the bodily section 16(1) 3: Subject to section 15 a: the applicant shall serve notice of the application on the respondent; and b: both the applicant and the respondent are entitled to appear and to adduce evidence at the hearing of the application. 4: In considering an application made under this section, the Judge may take into account any oral or documentary material that the Judge considers relevant, whether or not it would be admissible in a court of law. Section 13 heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 13(1) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 13(1) amended 14 November 2018 section 114 Courts Matters Act 2018 Section 13(1) amended 5 December 2011 section 36(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 13(1) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 13(1)(a) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 13(1)(a) amended 5 December 2011 section 36(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 13(1)(b) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 13(2) amended 1 October 2008 section 116(b) Policing Act 2008 Section 13(2)(a) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 13(2)(a) amended 5 December 2011 section 36(3) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 13(2)(b) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 13(2)(c) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 14: Prohibition against publication of name of respondent 1: Where an application is made under section 13 a: a District Court Judge or a High Court Judge b: subject to subsection (2), at the time of the publication of the report or account, the respondent is charged with the offence to which the application relates, or a related offence. 2: Nothing in subsection (1)(b) applies where there is in force in respect of the respondent, in relation to the offence to which the application relates or a related offence, any order of any court the effect of which is to prohibit the publication of any name or particulars likely to lead to the identification of the respondent. 3: Nothing in this section shall be construed to limit or restrict the provisions of any other enactment relating to the prohibition or regulation of the publication of reports or particulars relating to any judicial proceedings. Section 14(1)(a) amended 14 November 2018 section 115 Courts Matters Act 2018 Section 14(1)(a) amended 5 December 2011 section 37 Criminal Investigations (Bodily Samples) Amendment Act 2009 15: Information may be withheld from respondent 1: Where an application is made under section 13 District Court Judge or a High Court Judge ex parte 2: On the hearing of any application made under section 13 3: A Judge may not make an order under subsection (1) or subsection (2) in relation to any information or evidence unless the Judge is satisfied— a: that the disclosure of that information or evidence to the respondent would be likely— i: to identify, or lead to the identification of, any constable ii: to endanger the safety of any person; or iii: to substantially prejudice the investigation of the offence to which the application relates, or any other offence; and b: that the withholding of the information or evidence from the respondent would not be contrary to the interests of justice. 4: Where, pursuant to an order made under subsection (1) of this section, any information is omitted from the notice served on the respondent pursuant to section 13(3)(a) 5: Notwithstanding any enactment or rule of law or rules of court entitling any party to any proceedings to demand the production of any documents, the respondent shall not be entitled to demand the production, for the purposes of the proceedings on the application made under section 13 6: Nothing in this section shall be construed to limit or restrict the provisions of any other enactment relating to the prohibition or regulation of— a: the disclosure of evidence tendered in any judicial proceedings; or b: the publication of reports or particulars relating to any such proceedings. Section 15(1) amended 14 November 2018 section 116 Courts Matters Act 2018 Section 15(1) amended 5 December 2011 section 38 Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 15(3)(a)(i) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 16: Judge may authorise bodily 1: On the hearing of an application for a suspect compulsion order, a District Court Judge or a High Court Judge bodily sample a: there is good cause to suspect that the respondent (being a person who is of or over the age of 18 b: material reasonably believed to be from, or genetically traceable to, the body of a person who committed the offence has been found or is available— i: at the scene of the offence; or ii: on the victim of the offence; or iii: from within the body or from any thing coming from within the body of the victim of the offence that is reasonably believed to be associated with, or having resulted from, the commission of the offence; or iv: on any thing reasonably believed to have been worn or carried by the victim when the offence was committed; or v: on any person or thing reasonably believed to have been associated with the commission of the offence; and c: there are reasonable grounds to believe that analysis of a bodily d: the respondent has refused to consent to the taking of a bodily e: in all the circumstances, it is reasonable to make the order. 2: In considering whether or not to make a suspect compulsion order, the Judge shall have regard to— a: the nature and seriousness of the offence to which the application relates; and b: any reasons given by the respondent for opposing the making of the order sought; and c: any evidence regarding the importance, to the investigation of the offence, of obtaining a bodily d: any other matter that the Judge considers relevant. 3: Without limiting the generality of subsection (2), in considering whether or not to make a suspect compulsion order, the Judge shall also have regard to the following matters: a: whether or not the respondent has offered, or been given an opportunity, to give a specimen from his or her body (other than a bodily sample) b: if such an offer has been made, or such an opportunity has been given, whether or not the respondent has given such a specimen c: if the respondent has given such a specimen that specimen 4: Where the Judge adjourns the hearing of any proceedings on an application for a suspect compulsion order for the purpose of giving the respondent an opportunity to give, by consent, a specimen from his or her body (including a bodily sample) Section 16 heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 16(1) amended 14 November 2018 section 117 Courts Matters Act 2018 Section 16(1) amended 5 December 2011 section 39(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 16(1) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 16(1)(a) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 16(1)(a) amended 5 December 2011 section 39(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 16(1)(b) substituted 15 April 2004 section 13 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 16(1)(c) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 16(1)(d) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 16(2)(c) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 16(3)(a) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 16(3)(b) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 16(3)(c) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 16(4) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 17: Further applications for suspect compulsion order 1: Nothing in this Act— a: prohibits the making of an application under section 13 b: prohibits a Judge from making a suspect compulsion order in respect of an offence— merely because such an order has previously been sought or made in respect of that offence, whether or not the previous application or order related to the same person. 2: Notwithstanding anything in this section or in section 16 section 13 17A: Judge to specify method of taking sample if further suspect compulsion order made 1: If a Judge decides to make a further suspect compulsion order in respect of a person against whom a previous suspect compulsion order has been made for the same offence, the Judge must specify in the order the method by which a bodily sample is to be taken. 2: In determining the method by which a bodily sample is to be taken, the Judge must have regard to— a: any view expressed by the constable who is of or above the level of position of inspector b: any view expressed by the respondent regarding which of the 3 methods should be used. Section 17A inserted 15 April 2004 section 14 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 17A(2)(a) amended 1 October 2008 section 116(b) Policing Act 2008 Obtaining bodily 18 Heading amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 18: Application for order authorising taking of bodily 18 1: An application may be made in accordance with this section to a District Court Judge 18 bodily a: there is good cause to suspect that the suspect has committed an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 b: the suspect may lawfully be prosecuted for that offence (being, in the case of a suspect who is a child or was a child at the time the offence is alleged to have been committed,— i: the offence of murder or manslaughter; or ii: an offence (other than murder or manslaughter)— A: that is alleged to have been committed when the suspect was aged 12 or 13 years; and B: for which the maximum penalty available is or includes imprisonment for life or for at least 14 years; or iii: an offence (other than murder or manslaughter)— A: that is alleged to have been committed when the suspect was aged 12 or 13 years, and was for the purposes of section 272(1)(c) Oranga Tamariki Act 1989 B: for which the maximum penalty available is or includes imprisonment for at least 10 years but less than 14 years); and c: in the case of a suspect who was of or over the age of 14 years at the time the offence in relation to which the application is made was committed i: a suspect request has been made to the suspect in respect of that offence, or a related offence; but ii: consent to the taking of a bodily 2: Every application under subsection (1) shall be made by a constable who is of or above the level of position of inspector a: the facts relied on to show that there is good cause to suspect that the respondent has committed an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 b: the reasons why it is considered necessary to obtain a juvenile compulsion order in relation to the respondent, including the facts relied on to show that there are reasonable grounds to believe that analysis of a bodily c: where possible, the type of analysis that is likely to be required in respect of the bodily section 23(1) 3: Subject to section 15 section 20 a: the applicant shall serve notice of the application on— i: the respondent; and ii: a parent or other person having the care of the respondent; and iii: where a lay advocate is for the time being appointed in respect of the respondent under section 326 Oranga Tamariki Act 1989 b: the following persons are entitled to appear and to adduce evidence at the hearing of the application: i: the applicant: ii: the respondent: iii: any lawyer who represents the respondent: iv: any person who is a parent of, or who has the care of, the respondent: v: any lawyer representing any person referred to in subparagraph (iv): vi: any person on whom notice of the application is served pursuant to paragraph (a)(iii): vii: with the leave of a District Court Judge 4: In considering an application made under this section, the Judge may take into account any oral or documentary material that the Judge considers relevant, whether or not it would be admissible in a court of law. Section 18 heading amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 18 heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 18(1) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 18(1) amended 5 December 2011 section 40(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 18(1) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 18(1)(a) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 18(1)(a) amended 5 December 2011 section 40(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 18(1)(b) substituted 1 October 2010 section 55(3) Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 18(1)(b)(iii)(A) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 18(1)(c) amended 15 April 2004 section 15(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 18(1)(c)(ii) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 18(2) amended 1 October 2008 section 116(b) Policing Act 2008 Section 18(2)(a) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 18(2)(a) amended 5 December 2011 section 40(3) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 18(2)(b) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 18(2)(c) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 18(3)(a)(iii) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 18(3)(b)(vii) amended 5 December 2011 section 40(4) Criminal Investigations (Bodily Samples) Amendment Act 2009 19: Prohibition against publication of name of respondent under 18 1: Where an application is made under section 18 a: the name of the respondent or the parents or any person having the care of the respondent; or b: any other name or particulars likely to lead to the identification of the respondent. 2: Nothing in subsection (1) shall be construed to limit or restrict the provisions of any other enactment relating to the prohibition or regulation of the publication of reports or particulars relating to any judicial proceedings. Section 19 heading amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 20: Sections 15, 17, and 17A 1: Section 15 a: an application made under section 18 b: the hearing of such an application— as if it were an application made under section 13 subsection (1) or subsection (2) of section 15 2: Section 17 and section 17A section 18 section 13 Section 20 heading amended 15 December 2005 section 4(1) Criminal Investigations (Bodily Samples) Amendment Act 2005 Section 20(2) amended 15 December 2005 section 4(2) Criminal Investigations (Bodily Samples) Amendment Act 2005 21: Appointment of lawyer to represent respondent 1: Where an application is made under section 18 a: the respondent is already represented by a lawyer in the proceedings; or b: the Judge is satisfied that legal representation has been arranged, or will be arranged, for the respondent in the proceedings,— the Judge shall appoint a lawyer to represent the respondent in the proceedings. 2: Where a Judge appoints a lawyer under subsection (1), the Judge shall, so far as practicable, appoint a lawyer who is, by reason of personality, cultural background, training, and experience, suitably qualified to represent the respondent. 3: Where,— a: pursuant to subsection (1), a Judge is required to appoint a lawyer to represent a respondent in any proceedings; and b: a lawyer has been appointed, pursuant to section 323 Oranga Tamariki Act 1989 the Judge shall, where possible, appoint that lawyer under this section to represent the respondent. 1989 No 24 s 323 Section 21(3)(b) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 22: Further provisions relating to appointment of lawyer for respondent 1: A lawyer appointed pursuant to section 21 section 18 2: Where a lawyer is appointed pursuant to section 21 section 18 a: in any proceedings in respect of any warrant issued pursuant to section 45 b: where a juvenile compulsion order is made in respect of the respondent, in any proceedings on an application made under section 47 1989 No 24 s 324 23: Judge may authorise bodily 1: On the hearing of an application for a juvenile compulsion order, a Judge may make an order requiring the respondent to give a bodily sample a: there is good cause to suspect that the respondent (being a person who is under the age of 18 b: the respondent may lawfully be prosecuted for that offence (being, in the case of a suspect who is a child or was a child at the time the offence is alleged to have been committed,— i: the offence of murder or manslaughter; or ii: an offence (other than murder or manslaughter)— A: that is alleged to have been committed when the respondent was aged 12 or 13 years; and B: for which the maximum penalty available is or includes imprisonment for life or for at least 14 years; or iii: an offence (other than murder or manslaughter)— A: that is alleged to have been committed when the respondent was aged 12 or 13 years, and was for the purposes of section 272(1)(c) Oranga Tamariki Act 1989 B: for which the maximum penalty available is or includes imprisonment for at least 10 years but less than 14 years); and c: where the respondent was of or over the age of 14 years at the time the offence in relation to which the application is made was committed i: a suspect request has been made to the respondent in respect of that offence, or a related offence; and ii: consent to the taking of a bodily d: material reasonably believed to be from, or genetically traceable to, the body of a person who committed the offence has been found or is available— i: at the scene of the offence; or ii: on the victim of the offence; or iii: from within the body or from any thing coming from within the body of the victim of the offence that is reasonably believed to be associated with, or having resulted from, the commission of the offence; or iv: on any thing reasonably believed to have been worn or carried by the victim when the offence was committed; or v: on any person or thing reasonably believed to have been associated with the commission of the offence; and e: there are reasonable grounds to believe that analysis of a bodily f: in all the circumstances, it is reasonable to make the order. 2: In considering whether or not to make a juvenile compulsion order, the Judge shall have regard to— a: the nature and seriousness of the offence to which the application relates; and b: the age of the respondent; and c: any reasons given by— i: the respondent; and ii: any parent or person having the care of the respondent— for opposing the making of the order sought; and d: any evidence regarding the importance, to the investigation of the offence, of obtaining a bodily e: any other matter that the Judge considers relevant. 3: Without limiting the generality of subsection (2), in considering whether or not to make a juvenile compulsion order, the Judge shall also have regard to the following matters: a: whether or not the respondent has offered, or been given an opportunity, to give a specimen from his or her body (other than a bodily sample) b: if such an offer has been made, or such an opportunity has been given, whether or not the respondent has given such a specimen c: if the respondent has given such a specimen that specimen 4: Where the Judge adjourns the hearing of any proceedings on an application for a juvenile compulsion order for the purpose of giving the respondent an opportunity to give, by consent, a specimen from his or her body (including a bodily sample) Section 23 heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 23(1) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 23(1)(a) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 23(1)(a) amended 5 December 2011 section 41 Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 23(1)(b) substituted 1 October 2010 section 55(4) Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 Section 23(1)(b)(iii)(A) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 23(1)(c) amended 15 April 2004 section 16(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 23(1)(c)(ii) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 23(1)(d) substituted 15 April 2004 section 16(3) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 23(1)(e) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 23(2)(d) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 23(3)(a) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 23(3)(b) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 23(3)(c) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 23(4) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Form and content of compulsion order 24: Form and content of compulsion order 1: Every suspect compulsion order and every juvenile compulsion order shall be in the prescribed form. 2: Every suspect compulsion order and every juvenile compulsion order is subject to— a: conditions included in the order by the Judge under section 24A b: special conditions (if any) included in the order by the Judge. 3: 4: Every suspect compulsion order and every juvenile compulsion order shall contain the following particulars: a: subject to any conditions specified in the order, the date on which, and the place where, the suspect is to attend to give a bodily b: a summary of the provisions of sections 48 49 49A c: a statement that the suspect may request that the sample be taken in the presence of a lawyer, or another person, of the suspect’s own choice: ca: in the case of a juvenile compulsion order as well as the other particulars referred to in this subsection, a statement that a bodily sample may be taken in the presence of a parent or other person having the care of the suspect: d: a summary of the provisions of sections 55 56 56A 59 e: conditions included by the Judge under subsection (2): f: a statement that if the suspect refuses to allow a bodily sample to be taken, a sample may be taken by force under section 54(2) g: a statement that the sample, and any information derived from any analysis of the sample, will be held by or on behalf of the Police: h: a statement that if the suspect is convicted of the offence in respect of which the order is made, or a related offence that is an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 i: a reference to the provisions of section 60 j: such other particulars as may be prescribed. Section 24(2) substituted 15 April 2004 section 17(1) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 24(3) repealed 15 April 2004 section 17(1) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 24(4)(a) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 24(4)(b) substituted 15 April 2004 section 17(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 24(4)(c) substituted 15 April 2004 section 17(3) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 24(4)(ca) inserted 15 April 2004 section 17(3) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 24(4)(d) amended 15 April 2004 section 17(4) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 24(4)(e) substituted 15 April 2004 section 17(5) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 24(4)(f) substituted 15 April 2004 section 17(6) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 24(4)(h) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 24(4)(h) amended 5 December 2011 section 42 Criminal Investigations (Bodily Samples) Amendment Act 2009 24A: Conditions included in compulsion order 1: Without limiting the generality of section 24(2)(b) a: it is taken by a particular method specified in the order by the Judge; and b: an independent medical practitioner approved by the Judge has certified that the method will not cause serious harm to the health of the respondent. 2: Every suspect compulsion order and every juvenile compulsion order is, unless subsection (3) or subsection (4) or subsection (5) applies, subject to the condition that the respondent may attend to give a bodily sample at a different place, on an earlier date, or at a different place and on an earlier date than that specified in the order if, and only if, the respondent and a constable 3: If a Judge believes good reasons exist why the respondent must attend to give a bodily sample at the place, on the date, or at the place and on the date specified in the suspect compulsion order or juvenile compulsion order, the Judge may include the condition that the respondent must attend to give the sample at the place, on the date, or at the place and on the date specified in the order. 4: If a respondent is serving a sentence of imprisonment by way of home detention or a sentence of home detention imposed under section 80A section 15 a: that the respondent must give a bodily sample at the residence at which the respondent is detained or is required to remain b: that the respondent and a constable 5: Despite subsection (4)(a), a Judge may include a condition in a suspect compulsion order or juvenile compulsion order that a respondent give a sample at a place other than the residence at which the person is detained or is required to remain, if the Judge is of the view that it is necessary to do so on account of the respondent’s state of health. 6: A condition included in a suspect compulsion order or juvenile compulsion order under any of subsections (2) to (5) is subject to any condition included in the order under subsection (1). Section 24A inserted 15 April 2004 section 18 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 24A(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 24A(4) amended 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 24A(4)(a) amended 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 24A(4)(b) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 24A(5) substituted 1 October 2007 section 58 Sentencing Amendment Act 2007 24B: Parent or other person having care to be notified if Police suggest variation of juvenile compulsion order 1: If a condition is included in a juvenile compulsion order under section 24A(2) constable constable 2: If a condition is included in a juvenile compulsion order under section 24A(4)(b) constable constable Section 24B inserted 15 April 2004 section 18 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 24B(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 24B(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 2A: Obtaining buccal sample from suspect who is child or was child when offence for which suspect may not be lawfully prosecuted committed Part 2A inserted 15 April 2004 section 19 Criminal Investigations (Bodily Samples) Amendment Act 2003 Authority to obtain buccal sample from suspect Heading inserted 15 April 2004 section 19 Criminal Investigations (Bodily Samples) Amendment Act 2003 24C: Authority to obtain buccal sample from suspect 1: In a criminal investigation in respect of an offence committed or believed to have been committed by a suspect who is a child or was a child at the time the offence was committed and for which, in accordance with section 272 Oranga Tamariki Act 1989 Criminal Procedure Act 2011 a: both the suspect and a parent of the suspect have consented to the taking of a buccal sample under section 24G b: the sample is taken in accordance with the procedures set out in Part 4 2: This section is subject to section 72 3: Every reference in this Part to an offence for which a suspect who is or was a child at the time the offence was committed may not be lawfully prosecuted is a reference to an offence for which, in accordance with section 272 Oranga Tamariki Act 1989 Criminal Procedure Act 2011 Section 24C replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 24C(1) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 24C(3) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Obtaining buccal sample from suspect Heading inserted 15 April 2004 section 19 Criminal Investigations (Bodily Samples) Amendment Act 2003 24D: Request to consent to taking of buccal sample from suspect A constable Part 2A request a: there is good cause to suspect that the suspect has committed or may have committed an b: the suspect— i: is under the age of 18 ii: is a person in relation to whom an application for a care or protection order section 14(1)(e) Oranga Tamariki Act 1989 c: a constable Section 24D inserted 15 April 2004 section 19 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 24D amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 24D(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 24D(b)(i) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 24D(b)(ii) amended 1 July 2019 section 43(4) Oranga Tamariki Legislation Act 2019 Section 24D(b)(ii) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 24D(c) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 24E: Police obligations if Part 2A request made If a constable a: hand to the suspect a written notice containing the particulars specified in section 24F(b) b: ensure that a copy of the notice is also handed to a parent of the suspect; and c: inform the person being handed the notice or a copy of the notice in a manner and in a language that the person is likely to understand,— i: of the offence in respect of which the request is made; and ii: that a constable iii: that the buccal sample may not be taken unless both the suspect and a parent of the suspect consent to the taking of the buccal sample; and iv: that the suspect is under no obligation to give the buccal sample; and v: that no parent of the suspect is under any obligation to consent to the taking of the buccal sample; and vi: that if the suspect or a parent of the suspect consents to the taking of the buccal sample, he or she may, at any time before the buccal sample is taken, withdraw his or her consent to it being taken; and vii: that the suspect and any parent of the suspect may wish to consult a lawyer before deciding whether or not to consent to the buccal sample being taken; and viii: that the suspect or any parent of the suspect is able to consult with any person (not being a constable ix: that the sample will be analysed and may, if it tends to confirm the suspect’s involvement in the offence, be used to make an application for a care or protection order for the suspect section 14(1)(e) Oranga Tamariki Act 1989 Section 24E inserted 15 April 2004 section 19 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 24E amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 24E(c)(ii) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 24E(c)(viii) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 24E(c)(ix) amended 1 July 2019 section 43(4) Oranga Tamariki Legislation Act 2019 Section 24E(c)(ix) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 24F: Form and content of notice A notice given under section 24E(a) a: be in the prescribed form; and b: contain the following particulars: i: a statement that it is believed that the suspect has or may have committed an ii: a statement that there are reasonable grounds to believe that analysis of the buccal sample will tend to confirm or disprove the suspect’s involvement in the commission of the offence: iii: a statement that the buccal sample may not be taken from the suspect unless both the suspect and a parent of the suspect consent to the taking of the buccal sample: iv: a statement that the suspect is under no obligation to give the buccal sample: v: a statement that no parent of the suspect is under any obligation to consent to the giving of the buccal sample: vi: a statement that the suspect and any parent of the suspect may wish to consult a lawyer before consenting to the taking of the buccal sample: vii: a statement that the suspect or any parent of the suspect is able to consult with any person (not being a constable viii: a statement that, if the suspect or a parent of the suspect consents to the taking of the sample, he or she may, at any time before the buccal sample is taken, withdraw his or her consent to it being taken: ix: a statement that the sample will be analysed and may, if it tends to confirm the suspect’s involvement in the offence, be used to make an application for a care or protection order for the suspect section 14(1)(e) Oranga Tamariki Act 1989 x: a summary of section 49A xi: a statement that a buccal sample may be taken in the presence of a parent: xii: a summary of section 52A xiii: a statement that the suspect or a parent of the suspect may request that the buccal sample be taken in the presence of a lawyer, or another person, of the suspect’s or parent’s choice: xiv: a summary of sections 56A 59 xv: a reference to section 61A xvi: any other particulars that may be prescribed under regulations made under this Act. Section 24F inserted 15 April 2004 section 19 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 24F(b)(i) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 24F(b)(vii) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 24F(b)(ix) amended 1 July 2019 section 43(4) Oranga Tamariki Legislation Act 2019 Section 24F(b)(ix) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 24G: Consent to taking of buccal sample 1: A consent to the taking of a buccal sample as a result of a Part 2A request is valid if the consent— a: is in writing and signed by the person giving the consent; or b: is given orally and recorded on a video record 2: If consent is given in writing, the consent must be signified on the notice required by section 24E(a) 3: If consent is recorded on a video record video record a: in the case of a consent given by a suspect,— i: the making of the request to the suspect; and ii: the handing to the suspect of the notice required by section 24E(a) iii: the giving of consent to the taking of the buccal sample; and b: in the case of consent given by a parent of a suspect,— i: the handing to that person of a copy of the notice required by section 24E(b) ii: the giving of consent to the taking of the buccal sample from the suspect. Section 24G inserted 15 April 2004 section 19 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 24G(1)(b) amended 27 March 2008 section 6(1) Criminal Investigations (Bodily Samples) Amendment Act 2008 Section 24G(3) amended 27 March 2008 section 6(2) Criminal Investigations (Bodily Samples) Amendment Act 2008 24H: Withdrawal of consent 1: A suspect or a suspect’s parent who has given consent to the taking of a buccal sample as a result of a Part 2A request may, at any time before the sample is taken, withdraw that consent either orally or in writing. 2: If the consent is withdrawn orally, the withdrawal must be recorded in writing by a constable Section 24H inserted 15 April 2004 section 19 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 24H(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 24I: Buccal sample to be forwarded to approved agency as soon as practicable If a buccal sample is taken as a result of a Part 2A request, the Police must ensure that the buccal sample is forwarded to an approved agency as soon as is practicable after it is taken. Section 24I inserted 15 April 2004 section 19 Criminal Investigations (Bodily Samples) Amendment Act 2003 2B: Taking bodily sample from person arrested or intended to be charged with imprisonable offence or offence listed in Part 3 of Schedule 1 Part 2B inserted 6 September 2010 section 7 Criminal Investigations (Bodily Samples) Amendment Act 2009 Part 2B heading amended 1 July 2019 section 43(2) Oranga Tamariki Legislation Act 2019 Part 2B heading amended 5 December 2011 section 43 Criminal Investigations (Bodily Samples) Amendment Act 2009 24J: Authority to take bodily sample from person of or over 18 imprisonable offence or offence listed in Part 3 of Schedule 1 1: A constable may require a person who is of or over the age of 18 a: the person is in the lawful custody of the Police and being detained for committing an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 b: a constable has good cause to suspect the person of committing an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 by filing a charging document 2: The sample must be taken in accordance with the procedures set out in Part 4 3: If subsection (1)(b) applies, a constable may detain the person at any place— a: in order for the bodily sample to be taken; and b: only for the period necessary in order for the bodily sample to be taken. Section 24J inserted 6 September 2010 section 7 Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 24J heading amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 24J heading amended 1 July 2019 section 43(2) Oranga Tamariki Legislation Act 2019 Section 24J heading amended 5 December 2011 section 44(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 24J(1) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 24J(1)(a) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 24J(1)(a) amended 5 December 2011 section 44(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 24J(1)(b) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 24J(1)(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 24J(1)(b) amended 5 December 2011 section 44(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 24K: Authority to take bodily sample from young person arrested or intended to be charged with relevant offence 1: A constable may require a young person to give a bodily sample if either— a: the person has been arrested for a relevant offence; or b: a constable has good cause to suspect the person of committing a relevant offence and intends to bring proceedings against the person in respect of that offence by filing a charging document 2: The sample must be taken in accordance with the procedures set out in Part 4 3: If subsection (1)(b) applies, a constable may detain the person at any place— a: in order for the bodily sample to be taken; and b: only for the period necessary in order for the bodily sample to be taken. Section 24K inserted 6 September 2010 section 7 Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 24K(1)(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011 24L: Relationship to Part 2 Nothing in Part 2 section 24J 24K Section 24L inserted 6 September 2010 section 7 Criminal Investigations (Bodily Samples) Amendment Act 2009 24M: Information to be given to person If a constable proposes to require a person to give a bodily sample under section 24J 24K a: hand to the person a written notice containing the particulars specified in section 24N b: inform the person in a manner and in language that the person is likely to understand— i: what the triggering offence is; and ii: of the effect of sections 24P 24R iii: of the effect of sections 48A 49 49A 50A 54A iv: that the sample will be analysed; and v: that a DNA profile derived from the sample cannot be used as evidence in criminal proceedings; and vi: of the effect of section 26(ab) and (ac) vii: of the effect of section 60A Section 24M inserted 6 September 2010 section 7 Criminal Investigations (Bodily Samples) Amendment Act 2009 24N: Form and content of notice A notice given under section 24M a: must be in the prescribed form; and b: must contain the following particulars: i: a reference to the triggering offence: ii: a statement of the effect of sections 24P 24R iii: a summary of the provisions of sections 48A 49 49A 50A 54A iv: a summary of the provisions of sections 55 56 56A v: a statement of the effect of section 26(ab) and (ac) vi: a reference to the provisions of section 60A vii: any other particulars that may be prescribed. Section 24N inserted 6 September 2010 section 7 Criminal Investigations (Bodily Samples) Amendment Act 2009 24O: Part 2B temporary databank There may be maintained (whether in computerised form or otherwise), by or on behalf of the Police, a database of DNA profiles derived from bodily samples taken under this Part. Section 24O inserted 6 September 2010 section 7 Criminal Investigations (Bodily Samples) Amendment Act 2009 24P: Information that may be kept on Part 2B temporary databank 1: A DNA profile derived from a bodily sample taken under this Part may be stored on a Part 2B temporary databank only if— a: the person from whom the bodily sample was taken has been charged with the triggering offence, or a related b: circumstances have not yet arisen where— i: records of the DNA profile must be destroyed under section 60A ii: the DNA profile may be stored on a DNA profile databank under section 26(ab) or (ac) 2: In this section, related offence a: a related imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 section 24J b: a related relevant offence, if the bodily sample was taken under section 24K Section 24P inserted 6 September 2010 section 7 Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 24P(1)(a) amended 5 December 2013 section 5(1) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 24P(2) inserted 5 December 2013 section 5(2) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 24P(2)(a) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 24Q: Removal of DNA profiles from Part 2B temporary databank When either of the circumstances in section 24P(b)(i) or (ii) Section 24Q inserted 6 September 2010 section 7 Criminal Investigations (Bodily Samples) Amendment Act 2009 24R: Access to and disclosure of information on Part 2B temporary databank 1: Subject to subsections (2) to (5), no person may have access to any information stored on a Part 2B temporary databank, and no person may disclose any of that information, except for 1 or more of the following purposes: a: to compare with unidentified DNA information obtained from the scenes of offences under investigation or otherwise in respect of which a conviction or further conviction is yet to be obtained, for the purpose of a criminal investigation by the Police into the triggering offence or any other offence: b: for the purpose of making the information available, in accordance with the Privacy Act 2020 c: for the purpose of administering the Part 2B temporary databank. 2: For the purposes of subsection (1)(a), DNA information is unidentified if no Police investigation has established the particular person to whom the DNA information relates. 3: Nothing in this section applies in relation to information that does not identify any person. 4: Nothing in this section limits the jurisdiction of the Privacy Commissioner under the Privacy Act 2020 Part 5 5: Nothing in this section prohibits access to, or the disclosure of, any information for the purposes of— a: any application for a compulsion order; or b: the issuing of a databank compulsion notice or the making of a Part 3 c: the prosecution of an offence against section 77(2) Section 24R inserted 6 September 2010 section 7 Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 24R(1)(b) amended 1 December 2020 section 217 Privacy Act 2020 Section 24R(4) replaced 1 December 2020 section 217 Privacy Act 2020 24S: Access to and use of bodily samples taken under this Part No person may have access to, and no person may use, any bodily sample taken from any person under this Part except for the purpose of deriving from that sample a DNA profile— a: for the purposes of this Part; and b: where applicable, for storage on a DNA profile databank in accordance with section 26(ab) or (ac) Section 24S inserted 6 September 2010 section 7 Criminal Investigations (Bodily Samples) Amendment Act 2009 3: DNA profile databank DNA profile databank 25: DNA profile databank There may be maintained (whether in computerised form or otherwise), by or on behalf of the Police, a database of DNA profiles derived from bodily Section 25 amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 26: Information that may be kept on DNA profile databank Subject to sections 60 , 60A 62 a: any DNA profile derived from a bodily Part 2 i: that person is convicted of the offence in respect of which the sample is taken, or of a related offence, (unless the conviction is subsequently quashed); and ii: the offence of which the person is convicted is an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 ab: any DNA profile derived from a bodily sample taken from a person under Part 2B i: that person is convicted of the triggering offence, or of a related imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 ii: the offence of which the person is convicted is an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 iii: in the case of a person who was a young person on the date of the offence, a sentence of imprisonment or of a non-custodial nature is imposed for the offence or the Youth Court section 283 Oranga Tamariki Act 1989 ac: any DNA profile derived from a bodily sample taken from a young person under Part 2B i: the Youth Court section 282 Oranga Tamariki Act 1989 charge ii: the offence in relation to which the order was made is a relevant offence, or a related offence: b: subject to section 36 bodily Section 26 amended 6 September 2010 section 8(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 26(a) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 26(a)(ii) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 26(a)(ii) amended 5 December 2011 section 45(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 26(ab) inserted 6 September 2010 section 8(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 26(ab)(i) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 26(ab)(i) amended 5 December 2011 section 45(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 26(ab)(ii) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 26(ab)(ii) amended 5 December 2011 section 45(3) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 26(ab)(iii) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 26(ab)(iii) amended 1 March 2017 section 261 District Court Act 2016 Section 26(ac) inserted 6 September 2010 section 8(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 26(ac)(i) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 26(ac)(i) amended 1 March 2017 section 261 District Court Act 2016 Section 26(ac)(i) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 26(b) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 26A: Removal of certain DNA profiles from DNA profile databank 1: A DNA profile stored on a DNA profile databank must be removed from the databank and destroyed before the expiry of all fixed periods ( retention periods 2: In the case of a person's DNA profile stored under section 26(a) or (ab) a: the person was a young person on the date of the offence; and b: any of the following applies: i: the Youth Court section 283 Oranga Tamariki Act 1989 ii: the Youth Court section 283(o) Oranga Tamariki Act 1989 iii: the District Court (rather than the Youth Court) 3: In the case of a profile stored under section 26(ac) a: the person was a young person on the date of the offence; and b: the Youth Court section 282 Oranga Tamariki Act 1989 charge 4: The retention periods and effect of certain subsequent offences are as follows: The following table is small in size and has 3 columns. Column 1 is headed Sentence or order. Column 2 is headed Retention period for order or conviction. Column 3 is headed Retention period for subsequent offence. Sentence or order Retention period for order or conviction Retention period for subsequent offence Section 26(a) or (ab) section 283(a) to (n) 10 years after date of that section 283 If a section 282 Section 26(a) or (ab) section 283(o) 10 years after date of section 283(o) If a section 282 Section 26(a) or (ab) 10 years after date of conviction If a section 282 Section 26(ac) section 282 4 years after date of section 282 If a section 283 If the person is subsequently convicted by the District Court without imprisonment during that 4-year period, a further retention period of 10 years applies and runs concurrently with the 4-year period. If another section 282 5: A person's DNA profile stored under section 26 a: if the profile is stored in relation to an offence and a court imposes a sentence of imprisonment for the offence: b: if the profile is stored in relation to an offence and a retention period initially applies to the offence and, during that period, a subsequent order or conviction is made or entered against the person that is not specifically provided for in the third column of the table in subsection (4): Examples During a 10-year period for a section 283 order, another section 283 order is made against the person or a conviction (with or without imprisonment) is entered against the person by any court. During a 10-year period for a conviction by the District Court During a 4-year retention period for a section 282 order, 2 further section 282 orders are made against the person. c: in any other case (whether the person is a young person or of or over the age of 18 6: The profile must be removed from the databank no later than 10 years after the date on which the person ceases to be subject to a sentence of imprisonment in respect of the offence, or, in any other case, no later than 10 years after the date of conviction, if— a: either— i: the person to whom the profile relates was a young person on the date of the offence referred to in section 26(a) section 26(ab) ii: the person to whom the profile relates was of or over 18 section 26(a) section 26(ab) b: the conviction was for an offence that was not a relevant offence at the time of the conviction; and c: the person has not been convicted of an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 Section 26A inserted 6 September 2010 section 9 Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 26A(2)(b)(i) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 26A(2)(b)(i) amended 1 March 2017 section 261 District Court Act 2016 Section 26A(2)(b)(ii) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 26A(2)(b)(ii) amended 1 March 2017 section 261 District Court Act 2016 Section 26A(2)(b)(iii) amended 1 March 2017 section 261 District Court Act 2016 Section 26A(3)(b) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 26A(3)(b) amended 1 March 2017 section 261 District Court Act 2016 Section 26A(3)(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 26A(4) replaced 1 March 2017 section 261 District Court Act 2016 Section 26A(5)(b) amended 1 March 2017 section 261 District Court Act 2016 Section 26A(5)(c) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 26A(6) added 5 December 2011 section 46 Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 26A(6)(a)(ii) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 26A(6)(c) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 26B: Certain young persons may apply for removal of DNA profiles from DNA profile databank 1: This section applies to a person if,— a: before the commencement of this section,— i: a DNA profile of the person was taken and stored on a DNA databank under Part 2 ii: the Youth Court section 282 283 Oranga Tamariki Act 1989 b: within 10 years after the date of that order, the person is not convicted of an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 2: The person’s DNA profile must be removed from the DNA databank and destroyed if the person applies in writing to the Commissioner requesting the removal of the profile. Section 26B inserted 6 September 2010 section 9 Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 26B(1)(a)(ii) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 26B(1)(a)(ii) amended 1 March 2017 section 261 District Court Act 2016 Section 26B(1)(b) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 26B(1)(b) amended 5 December 2011 section 47 Criminal Investigations (Bodily Samples) Amendment Act 2009 27: Access to and disclosure of information on DNA profile databank 1: Subject to subsections (2) to (4), no person may have access to any information stored on a DNA profile databank, and no person shall disclose any such information, except for 1 or more of the following purposes: a: for the purpose of forensic comparison in the course of a criminal investigation by the Police: b: for the purpose of making the information available, in accordance with the Privacy Act 2020 c: for the purpose of administering the DNA profile databank: d: for the purpose of responding to a request under the Mutual Assistance in Criminal Matters Act 1992 i: access to the information requested is authorised by the Attorney-General; and ii: the request relates to an offence that corresponds to an offence in New Zealand that is punishable by a term of imprisonment of more than 1 year. 2: Nothing in this section applies in relation to information that does not identify any person. 3: Nothing in this section limits the jurisdiction of the Privacy Commissioner under the Privacy Act 2020 Part 5 4: Nothing in this section prohibits access to, or the disclosure of, any information for the purposes of— a: any application for a compulsion order; or ab: the issuing of a databank compulsion notice or the making of a Part 3 order; or b: the prosecution of an offence against section 77(2) Section 27(1)(b) amended 1 December 2020 section 217 Privacy Act 2020 Section 27(1)(d) inserted 4 February 2016 section 4 Criminal Investigations (Bodily Samples) Amendment Act 2015 Section 27(3) replaced 1 December 2020 section 217 Privacy Act 2020 Section 27(4)(ab) inserted 15 April 2004 section 20 Criminal Investigations (Bodily Samples) Amendment Act 2003 28: Access to and use of bodily No person may have access to, and no person may use, any bodily a: to which section 60(2) b: taken from any person pursuant to this Part— except for the purpose of deriving from that sample a DNA profile for storage on a DNA profile databank. Section 28 heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 28 amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Authority to obtain bodily Heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 29: Authority to take bodily Subject to section 72 bodily sample a: either— i: that person consents to the taking of that sample in accordance with section 34 ii: the sample is taken pursuant to a databank compulsion notice; and b: the sample is taken in accordance with the procedures set out in Part 4 Section 29 heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 29 amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 29(a)(ii) substituted 15 April 2004 section 21 Criminal Investigations (Bodily Samples) Amendment Act 2003 Obtaining bodily Heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 30: Request to consent to taking of bodily 1: For the purposes of obtaining a DNA profile for storage on a DNA profile databank, a constable 18 bodily 2: On making a request under subsection (1), the constable a: hand to the person to whom the request is made a written notice containing the particulars specified in section 31(b) b: inform the person, in a manner and in language that the person is likely to understand,— i: that the purpose of the request is to obtain information that will be stored on a DNA profile databank and that may be used by the Police in the investigation of criminal offences; and ii: that the person is under no obligation to give the bodily iii: that if the person consents to the taking of the sample, the person may, at any time before the sample is taken, withdraw that consent; and iv: that the person may wish to consult a lawyer before deciding whether or not to consent to the taking of the sample; and v: that the sample will be analysed, and information derived from the analysis may result in the person being charged with a criminal offence; and vi: that, except in certain circumstances, the person may at any time withdraw that person’s consent to the use of the bodily Section 30 heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 30(1) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 30(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 30(1) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 30(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 30(2)(b)(ii) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 30(2)(b)(vi) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 31: Form and content of notice Every notice given pursuant to section 30(2)(a) a: shall be in the prescribed form; and b: shall contain the following particulars: i: a statement setting out the purpose for which the sample is required: ii: a statement that the person is under no obligation to give the sample: iii: a statement that if the person consents to the taking of the sample, the person may, at any time before the sample is taken, withdraw that consent: iv: a statement that the person may wish to consult a lawyer before deciding whether or not to consent to the taking of the sample: v: a statement that the sample will be analysed, and information derived from that analysis may result in the person being charged with a criminal offence: vi: a summary of the provisions of sections 48 , 49 49A vii: a statement that the person may request that the sample be taken in the presence of a lawyer, or another person, of the person’s own choice: viii: a summary of the provisions of sections 55 56 56A 59 ix: a summary of the provisions of section 27 x: a summary of the provisions of section 36 xi: a summary of the provisions of sections 37 38 bodily section 36 xii: such other particulars as may be prescribed. Section 31(b)(vi) amended 15 April 2004 section 22(1) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 31(b)(vii) substituted 15 April 2004 section 22(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 31(b)(viii) amended 15 April 2004 section 22(3) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 31(b)(xi) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 32: Section 30 not to apply to persons under 18 Nothing in section 30 18 bodily Section 32 heading amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 32 amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 32 amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 33: Dual requests A databank request made to any person may be made in conjunction with a suspect request, and, in any such case,— a: the constable sections 6(2)(b) 30(2)(b) i: that he or she may consent to the taking of a bodily ii: that if he or she consents to the taking of a bodily section 26(a) b: in addition to handing the person the notices required by sections 6(2)(a) 30(2)(a) constable i: a statement specifying the matters set out in subparagraphs (i) and (ii) of paragraph (a); and ii: such other particulars as may be prescribed; and c: the following provisions of this Act shall apply subject to the following modifications: i: section 9(3)(a)(ii) Act and the notice required by section 33(b) ii: section 34(3)(b) Act and the notice required by section 33(b) Section 33(a) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 33(a)(i) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 33(a)(ii) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 33(b) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 34: Consent to taking of bodily 1: No consent to the taking of a bodily a: it is in writing and signed by the person giving the consent; or b: it is given orally and recorded on a video record 2: Where any such consent is in writing, the consent shall be signified on the notice required by section 30(2)(a) 3: Where any such consent is recorded on a video record video record a: the making of the databank request to the person concerned; and b: the handing to that person of the notice required by section 30(2)(a) c: the giving of consent to the taking of the sample. 4: Any person who gives such consent may, at any time before the sample is taken, withdraw that consent, either orally or in writing. 5: Where any such consent is withdrawn orally, that withdrawal shall be recorded in writing by a constable Section 34 heading: amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 34(1) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 34(1)(b) amended 27 March 2008 section 7(1) Criminal Investigations (Bodily Samples) Amendment Act 2008 Section 34(3) amended 27 March 2008 section 7(2) Criminal Investigations (Bodily Samples) Amendment Act 2008 Section 34(5) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 35: Right of person in custody to consult lawyer 1: Subject to subsection (2), every person to whom a databank request is made and who is in custody is entitled to consult privately with a lawyer with respect to that request. 2: Nothing in subsection (1) prevents the taking of such measures as are reasonably necessary— a: to prevent the person to whom the request is made from escaping; or b: to ensure the safety of that person or any other person; or c: to prevent that person from damaging any property. 36: Withdrawal of consent after sample taken 1: Subject to subsections (2) and (3) and to sections 37 38 section 34 bodily bodily a: the sample; and b: every record of any analysis of the sample carried out on behalf of any constable c: every record, to the extent that it contains— i: information about the sample; and ii: particulars that are identifiable by any person as particulars identifying that information with the person from whom the sample was taken,— are destroyed as soon as practicable. 2: Nothing in subsection (1) applies in respect of any bodily bodily an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 3: Where,— a: a databank request has been made in conjunction with a suspect request; and b: the person to whom the requests have been made has consented to the taking of a bodily c: pursuant to subsection (1), the person withdraws his or her consent to the use of the bodily then, notwithstanding anything in subsection (1), that bodily Section 36(1) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 36(1)(b) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 36(2) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 36(2) amended 5 December 2013 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 36(2) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 36(3) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 36(3)(b) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 36(3)(c) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 37: Withdrawal of consent suspended 1: Where,— a: pursuant to section 36(1) bodily b: at the time of the withdrawal of that consent,— i: a suspect request has been made to that person, and either that person has not refused to consent to the taking of a bodily ii: the making of a suspect request to that person is reasonably in contemplation; or iii: proceedings on an application under section 13 iv: the making of such an application is reasonably in contemplation; or v: a suspect compulsion order is in force in respect of that person, but a bodily then, notwithstanding anything in section 36(1) bodily section 38 2: Where, at the time of the withdrawal of the consent, subsection (1)(b)(i) applies, the following provisions shall apply: a: if a bodily section 36(1) b: if for any reason no bodily section 36(1) c: if, before the expiry of the period referred to in paragraph (b), an application is made under section 13 3: Where, at the time of the withdrawal of the consent, subsection (1)(b)(ii) applies, the following provisions shall apply: a: if a suspect request is not made to the person within the period of 14 days after notice of the withdrawal of consent is received by the Commissioner, the withdrawal of consent shall take effect, in accordance with section 36(1) b: if,— i: before the expiry of the period referred to in paragraph (a), a suspect request is made to the person; and ii: a bodily the withdrawal of consent shall take effect in accordance with section 36(1) c: if,— i: before the expiry of the period referred to in paragraph (a), a suspect request is made to the person; but ii: for any reason no bodily then, subject to paragraph (d), the withdrawal of consent shall take effect, in accordance with section 36(1) d: if, before the expiry of the period referred to in paragraph (c)(ii), an application is made under section 13 4: Where, at the time of the withdrawal of the consent, subsection (1)(b)(iii) applies, the following provisions shall apply: a: if— i: the application for a suspect compulsion order (in this subsection referred to as the initial application) is withdrawn or refused; and ii: no further application for a suspect compulsion order is made in respect of the person within the period of 28 days after the withdrawal or refusal of the application,— then the withdrawal of consent shall take effect, in accordance with section 36(1) b: if— i: the initial application is granted; and ii: a bodily then the withdrawal of consent shall take effect in accordance with section 36(1) c: if— i: the initial application is granted; but ii: for any reason, no bodily then section 38 d: if— i: the initial application is withdrawn or refused; and ii: a further application for a suspect compulsion order is made in respect of the person within the period of 28 days after the withdrawal or, as the case requires, the refusal of the initial application,— then,— iii: if that further application is withdrawn or refused, the withdrawal of consent shall take effect in accordance with section 36(1) iv: if that further application is granted, paragraphs (b) and (c) shall apply as if that application were the initial application. 5: Where, at the time of the withdrawal of the consent, subsection (1)(b)(iv) applies, the following provisions shall apply: a: if no application is made under section 13 section 36(1) b: if, before the expiry of the period referred to in paragraph (a), an application is made under section 13 6: Where, at the time of the withdrawal of the consent, subsection (1)(b)(v) applies, the following provisions shall apply: a: if a bodily section 36(1) b: if, for any reason, no bodily section 38 Section 37(1) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 37(1)(a) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 37(1)(b)(i) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 37(1)(b)(v) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 37(2)(a) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 37(2)(b) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 37(3)(b)(ii) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 37(3)(c)(ii) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 37(4)(b)(ii) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 37(4)(c)(ii) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 37(6)(a) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 37(6)(b) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 38: Retention of sample despite withdrawal of consent Where subsection (4)(c) or subsection (6)(b) of section 37 bodily a: sections 26(a) 60 bodily bodily Part 2 i: on the date on which the suspect compulsion order referred to in subsection (4)(c) or, as the case requires, subsection (6)(b) of section 37 ii: in respect of the offence to which the order relates: b: nothing in section 61 bodily c: the bodily i: their destruction is required by section 60 ii: in the case of a DNA profile derived from the bodily section 26(a) but, in the meantime, no DNA profile derived from the bodily section 77(2) Section 38 amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 38(a) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 38(b) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 38(c) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 38(c)(ii) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Obtaining bodily sample by databank compulsion notice Heading substituted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003 39: Issue and service of databank compulsion notice 1: A constable who is of or above the level of position of inspector a: the person has been convicted of an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 b: the conviction is one to which this Part applies under section 4 2: If a databank compulsion notice is issued, the Police must— a: serve the notice on the person to whom it relates by handing the notice to the person; and b: if that person is under the age of 18 c: explain the contents of the notice to the person being served in a manner, and in a language, that the person is likely to understand. 3: If a person in relation to whom a databank compulsion notice is issued is not detained under a sentence of imprisonment for the imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 a: must be served on a date as soon as is reasonably practicable after the person’s conviction for the imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 b: need not be served on a date before the person is sentenced for the imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 c: must be served on a date that allows for the taking of a bodily sample in accordance with section 39C(3) 4: If a person in relation to whom a databank compulsion notice is issued is detained under a sentence of imprisonment for the imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 section 39C(4) Section 39 substituted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 39(1) amended 1 October 2008 section 116(b) Policing Act 2008 Section 39(1)(a) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 39(1)(a) amended 5 December 2011 section 48(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 39(2)(b) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 39(3) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 39(3) amended 5 December 2011 section 48(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 39(3)(a) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 39(3)(a) amended 5 December 2011 section 48(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 39(3)(b) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 39(3)(b) amended 5 December 2011 section 48(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 39(4) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 39(4) amended 5 December 2011 section 48(3) Criminal Investigations (Bodily Samples) Amendment Act 2009 39A: Form and content of databank compulsion notice 1: Every databank compulsion notice must be in the prescribed form. 2: Every databank compulsion notice must contain the following particulars: a: the offence in relation to which the notice is issued: b: a place where, and a date on which, the person to whom the notice relates is to attend to give a bodily sample, as specified by a constable who is of or above the level of position of inspector section 39C c: a statement that the person in relation to whom the notice is issued must attend to give a bodily sample at the place and on the date specified in the order, unless the person and a constable d: a statement that information obtained from the bodily sample will be stored on a DNA profile databank and may be used by the Police in the investigation of criminal offences: e: a statement that the person in relation to whom the notice is issued may request a databank compulsion notice hearing under section 41(1) f: a summary of the grounds on which a hearing may be requested under section 41(2) g: a summary of the provisions of sections 48 49 49A h: a statement that, if the suspect refuses to allow a bodily sample to be taken, a sample may be taken by force under section 54(2) i: a statement that the person may request that the sample be taken in the presence of a lawyer, or another person, of the person’s own choice: j: a summary of the provisions of sections 55 56 56A 59 k: a summary of the provisions of section 27 l: any other particulars that may be prescribed. 3: If a databank compulsion notice is issued in relation to a person who is serving a sentence of imprisonment by way of home detention or a sentence of home detention imposed under section 80A section 15 a: the particulars in subsection (2)(a) and (d) to (l); but b: instead of the particulars in subsection (2)(b) and (c), the following particulars: i: a statement that the person must give a bodily sample at the residence at which the person is detained or is required to remain ii: a statement that the person and a constable 4: Despite subsection (3)(b)(i), a constable who is of or above the level of position of inspector constable who is of or above the level of position of inspector Section 39A inserted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 39A(2)(b) amended 1 October 2008 section 116(b) Policing Act 2008 Section 39A(2)(c) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 39A(3) amended 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 39A(3)(b)(i) amended 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 39A(3)(b)(ii) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 39A(4) substituted 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 39A(4) amended 1 October 2008 section 116(b) Policing Act 2008 39B: Form and content of databank compulsion notice issued in relation to person under age of 18 1: Every databank compulsion notice issued in relation to a person under the age of 18 2: Every databank compulsion notice issued in relation to a person under the age of 18 section 39A(2) a: a statement that a bodily sample may not be taken unless all reasonable steps have been taken to serve a copy of the notice on a parent or other person having the care of that person; and b: a statement that a parent or other person having the care of that person may request a databank compulsion notice hearing under section 41(3) c: a statement that a parent or other person having the care of the person may be present when the bodily sample is taken. Section 39B inserted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 39B heading amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 39B(1) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 39B(2) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 39C: Date and place for taking of sample to be specified in databank compulsion notice 1: A constable who is of or above the level of position of inspector 2: If a person to whom a databank compulsion notice relates is serving a sentence of imprisonment by way of home detention or a sentence of home detention imposed under section 80A section 15 constable who is of or above the level of position of inspector constable who is of or above the level of position of inspector 3: If a person to whom a databank compulsion notice relates is not detained under a sentence of imprisonment for the a: must be later than the 14th day after the date on which the notice is served; and b: must be before the date 6 months after the date the person’s conviction for the 4: If the person to whom a databank compulsion notice relates is detained under a sentence of imprisonment for the a: must be later than the 14th day after the date on which the notice is served; and b: must be before the later of the 2 following dates: i: the date the person is released from being detained under a sentence of imprisonment for the ii: the date 6 months from the date on which the conviction for the Section 39C inserted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 39C(1) amended 1 October 2008 section 116(b) Policing Act 2008 Section 39C(2) substituted 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 39C(2) amended 1 October 2008 section 116(b) Policing Act 2008 Section 39C(3) amended 5 December 2013 section 7 Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 39C(3)(b) amended 5 December 2013 section 7 Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 39C(4) amended 5 December 2013 section 7 Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 39C(4)(b)(i) amended 5 December 2013 section 7 Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 39C(4)(b)(ii) amended 5 December 2013 section 7 Criminal Investigations (Bodily Samples) Amendment Act 2013 39D: Parent or other person having care to be notified if Police suggest variation of databank compulsion notice issued in relation to person under age of 18 1: If a constable section 39A(2)(c) 18 constable 2: If a constable section 39A(3)(b)(ii) 18 constable Section 39D inserted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 39D heading amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 39D(1) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 39D(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 39D(2) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 39D(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 40: Databank compulsion notice of no effect if conviction 1: A databank compulsion notice ceases to have effect if, before a bodily sample is taken pursuant to the notice, the person’s conviction for the 2: If subsection (1) applies, a constable a: as soon as practicable after the conviction is quashed, notify the person to whom the notice relates and, in the case of a person under the age of 18 i: the notice is of no effect; and ii: the person to whom the notice relates is no longer required to give a bodily sample pursuant to that notice; and iii: the notice may be disregarded; and b: as soon as practicable after notifying the person and, if applicable, the person’s parent or other person having the care of that person, of the matters listed in paragraph (a), confirm those matters in writing. Section 40 substituted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 40 heading amended 5 December 2013 section 8(1) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 40(1) amended 5 December 2013 section 8(2) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 40(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 40(2)(a) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Databank compulsion notice hearing Heading inserted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003 41: Databank compulsion notice hearing may be requested on certain grounds 1: A person served with a databank compulsion notice or required to be served with a databank compulsion notice under section 39(2) constable 2: A databank compulsion notice hearing may only be requested on 1 or more of the following grounds: a: that— i: the offence in relation to which the databank compulsion notice has been issued is not an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 ii: the conviction for the b: that the conviction for the i: was quashed before the notice was issued; or ii: was quashed after the notice was issued but before the sample was taken and the Police have not notified the person that the notice is of no effect under section 40(2) c: that all 3 methods available for the taking of a bodily sample will cause serious harm to the person’s health on the date specified in the databank compulsion notice as the date on which the person to whom the notice relates is to attend to give a bodily sample: d: that the date specified in the databank compulsion notice as the date on which the person to whom the notice relates is to attend to give a bodily sample is a date on or before the date that is 14 days after the date on which the notice was served: e: that the date specified in the databank compulsion notice as the date on which the person to whom the notice relates is to attend to give a bodily sample is,— i: if the person is not detained under a sentence of imprisonment for the ii: if the person is detained under a sentence of imprisonment for the A: the date the person is to be released from being detained under a sentence of imprisonment for the B: the date 6 months after the date the person’s conviction for the f: that the person to whom the databank compulsion notice relates was not served with the notice: g: if the person in relation to whom the databank compulsion notice has been issued is under the age of 18 i: that person was not served with the notice; or ii: that all reasonable steps have not been taken to serve the parent or other person having the care of the person with a copy of the notice. 3: If a databank compulsion notice is issued in relation to a person who is under the age of 18 4: In this section and section 41B appropriate court Section 41 substituted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 41(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 41(2)(a)(i) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 41(2)(a)(i) amended 5 December 2013 section 9(1) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 41(2)(a)(ii) amended 5 December 2013 section 9(2) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 41(2)(b) amended 5 December 2013 section 9(3) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 41(2)(e)(i) amended 5 December 2013 section 9(4) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 41(2)(e)(ii) amended 5 December 2013 section 9(4) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 41(2)(e)(ii)(A) amended 5 December 2013 section 9(4) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 41(2)(e)(ii)(B) amended 5 December 2013 section 9(4) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 41(2)(g) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 41(3) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 41(4) amended 5 December 2013 section 9(5) Criminal Investigations (Bodily Samples) Amendment Act 2013 41A: Form and effect of request for databank compulsion notice hearing 1: A request for a databank compulsion notice hearing— a: must be in writing; and b: must specify the ground or grounds listed in section 41(2) 2: If a request is made for a databank compulsion notice hearing, a bodily sample must not be taken from the person to whom the databank compulsion notice relates unless a Judge at a databank compulsion notice hearing makes a Part 3 order. Section 41A inserted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003 41B: Obligations if databank compulsion notice hearing requested 1: A constable 2: The Registrar of the court in which the notice of hearing is filed must advise the following persons of the time and place for the hearing: a: the person to whom the notice relates: b: if the person to whom the notice relates is under the age of 18 c: if a lay advocate has been appointed under section 326 Oranga Tamariki Act 1989 d: the constable constable Section 41B inserted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 41B(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 41B(2)(b) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 41B(2)(c) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 41B(2)(d) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 41B(2)(d) amended 1 October 2008 section 116(a)(v) Policing Act 2008 41C: Appearance at databank compulsion notice hearing 1: The following persons are entitled to appear and to adduce evidence at a databank compulsion notice hearing: a: the person to whom the databank compulsion notice relates: b: any lawyer who represents the person to whom the databank compulsion notice relates: c: the Police. 2: If a person to whom a databank compulsion notice relates is under the age of 18 a: any person who is a parent or other person having the care of the person to whom the databank compulsion notice relates: b: any lawyer representing a person referred to in paragraph (a): c: a lay advocate of the person to whom the databank compulsion notice relates, if any has been appointed under section 326 Oranga Tamariki Act 1989 d: with the leave of the Judge, any other person. 3: The provisions of sections 21 22 18 18 Section 41C inserted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 41C(2) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 41C(2)(c) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 41C(3) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Part 3 orders and other orders made at databank compulsion notice hearings Heading substituted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003 42: Part 3 orders and other orders made at databank compulsion notice hearings 1: If a Judge at a databank compulsion notice hearing is satisfied that either of the grounds specified in section 41(2)(a) or (b) 2: If a Judge at a databank compulsion notice hearing is satisfied that the ground specified in section 41(2)(c) a: if he or she believes on reasonable grounds that the state of the person’s health is unlikely to change, make an order that the databank compulsion notice is of no effect; or b: if he or she believes on reasonable grounds that the taking of a bodily sample by a particular method will not cause serious harm to the person’s health if taken on a date other than the date specified in the databank compulsion notice,— i: make a Part 3 order; and ii: vary the notice by specifying a new date on which the person to whom a notice relates is to attend to give a bodily sample that need not be a date in accordance with the applicable date set out in section 39C(3)(b) or (4)(b) iii: vary the notice to require the sample be taken by a particular method. 3: A Judge must not vary a databank compulsion notice under subsection (2)(b)(ii) and (iii) unless an independent medical practitioner approved by the Judge certifies that the taking of the sample by the method specified will not cause serious harm to the person’s health on the new date specified. 4: If a Judge at a databank compulsion notice hearing is satisfied that the ground specified in section 41(2)(d) a: make a Part 3 order; and b: vary the databank compulsion notice by specifying a new date on which the person to whom the notice relates is to attend to give a bodily sample pursuant to the databank compulsion notice, being a date later than 14 days after the date on which the notice was served and in accordance with the applicable date set out in section 39C(3)(b) or (4)(b) 5: If a Judge at a databank compulsion notice hearing is satisfied that the ground specified in section 41(2)(e) a: if the latest permissible date that may be specified in the databank compulsion notice as the date on which the person to whom the notice relates is to attend to give a bodily sample had passed when the databank compulsion notice was served, make an order that the notice is of no effect; or b: if the latest permissible date that may be specified in the databank compulsion notice as the date on which the person to whom the notice relates is to attend to give a bodily sample had not passed when the databank compulsion notice was served,— i: make a Part 3 order; and ii: vary the databank compulsion notice by specifying a new date on which the person to whom the notice relates is to attend to give a bodily sample pursuant to the notice, being a date in accordance with the applicable dates set out in section 39C(3) or (4) 6: If a Judge at a databank compulsion notice hearing is satisfied that either or both of the grounds specified in section 41(2)(f) or (g) 7: If a Judge at a databank compulsion hearing is satisfied that none of the grounds specified in section 41(2) 8: This section is subject to sections 43A 43B Section 42 substituted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003 43: Judge may vary, or impose conditions on, databank compulsion notice 1: If a Judge makes a Part 3 order, the Judge may also, if the Judge considers it appropriate, do any of the following: a: specify in the databank compulsion notice in relation to which the order is made a new place at which the person to whom the notice relates is to attend to give a bodily sample: b: specify in the databank compulsion notice in relation to which the order is made a new date on which the person to whom the notice relates is to attend to give a bodily sample, being a date in accordance with the applicable dates set out in section 39C(3) or (4) c: include any reasonable conditions the Judge thinks fit in the databank compulsion notice. 2: A Judge may not do anything under subsection (1) that is inconsistent with what the Judge must do under section 42 3: This section is subject to section 43A Section 43 substituted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003 43A: Change of circumstances before databank compulsion notice hearing takes place or is completed 1: Subsection (2) applies if,— a: in the case of a person who was not detained under a sentence of imprisonment in relation to the i: that person makes a request for a databank compulsion notice hearing on any of the grounds set out in section 41(2) ii: before an application is made for a databank compulsion notice hearing, after an application is made but before the matter is considered by a Judge, or before consideration of the matter is complete, a date is reached that is 6 months or more since the person’s conviction for the b: in the case of a person who was detained under a sentence of imprisonment for the i: that person makes a request for a databank compulsion notice hearing on any of the grounds set out in section 41(2) ii: before an application is made for a databank compulsion notice hearing, after an application is made but before the matter is considered by a Judge, or before consideration of the matter is complete, the later of the 2 following dates is reached: A: the date of the person’s release from detention under a sentence of imprisonment for the B: the date that is 6 months from the date on which the conviction for the 2: If this subsection applies,— a: a databank compulsion notice hearing must take place and be completed as if the applicable date referred to in subsection (1)(a)(ii) or (b)(ii) had not been reached; and b: a Judge— i: must make an appropriate order under section 42 ii: may, if applicable, vary, or include any condition in, the databank compulsion notice under section 42 section 43 3: Despite anything in this Part, if subsection (2) applies, a Judge may vary the date in a databank compulsion notice on which a person to whom the notice relates is to attend to give a bodily sample to a date that is not in accordance with the applicable date set out in section 39C(3)(b) or (4)(b) 4: This section is subject to section 43B Section 43A inserted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 43A(1)(a) amended 5 December 2013 section 10 Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 43A(1)(a)(ii) amended 5 December 2013 section 10 Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 43A(1)(b) amended 5 December 2013 section 10 Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 43A(1)(b)(ii)(A) amended 5 December 2013 section 10 Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 43A(1)(b)(ii)(B) amended 5 December 2013 section 10 Criminal Investigations (Bodily Samples) Amendment Act 2013 43B: Order that databank compulsion notice of no effect must be made in certain circumstances 1: Nothing in section 42 section 43A a: the date specified in a databank compulsion notice by a constable who is of or above the level of position of inspector section 39C(3)(a) or (4)(a) b: if the date in the notice had complied with section 39C(3)(a) or (4)(a) 2: If the Judge is satisfied of the matters in subsection (1)(a) and (b), the Judge must make an order that a databank compulsion notice is of no effect. Section 43B inserted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 43B(1)(a) amended 1 October 2008 section 116(b) Policing Act 2008 Further databank compulsion notice Heading substituted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003 44: Further databank compulsion notice 1: If a person to whom a databank compulsion notice relates has given a bodily sample pursuant to that notice, a further databank compulsion notice must not be issued in relation to that person for the same conviction without the leave of a Judge of the appropriate court on an application from a constable level of position 2: In this section, the appropriate court Section 44 substituted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 44(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 44(1) amended 1 October 2008 section 130(1) Policing Act 2008 Section 44(2) amended 5 December 2013 section 11 Criminal Investigations (Bodily Samples) Amendment Act 2013 44A: Certain matters relating to further databank compulsion notice 1: A Judge must not grant leave for a further databank compulsion notice to be issued unless he or she is satisfied that it is necessary to obtain another bodily sample from the person in relation to whom the databank compulsion notice was issued because— a: the sample taken pursuant to the notice— i: has been lost; or ii: has been destroyed (other than under section 62(1) or (2) b: a proper analysis of the sample taken pursuant to the notice has not been possible on account of the condition of that sample. 2: A Judge may refuse to grant leave to issue a further databank compulsion notice if he or she is satisfied that the taking of a further bodily sample would be vexatious or an abuse of process. 3: A Judge may grant leave for a further databank compulsion notice to be issued even if the applicable date set out in section 39C(3)(b) or (4)(b) 4: If a Judge grants leave for a further databank compulsion notice to be issued in the circumstances referred to in subsection (3), the constable who is of or above the level of position of inspector section 39C(3)(b) or (4)(b) 5: A person in relation to whom a further databank compulsion notice is issued in the circumstances referred to in subsection (3) may not request a databank compulsion hearing on the ground specified in section 41(2)(e) Section 44A inserted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 44A(4) amended 1 October 2008 section 116(b) Policing Act 2008 44B: Judge to specify method of taking sample if further databank compulsion notice issued 1: If a Judge grants leave for a further databank compulsion notice to be issued, the Judge must specify the method by which a bodily sample is to be taken. 2: In determining the method by which a bodily sample is to be taken, the Judge must have regard to— a: any view expressed by the constable constable level of position b: any view expressed by the person to whom the notice relates regarding which of the 3 methods should be used. Section 44B inserted 15 April 2004 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 44B(2)(a) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 44B(2)(a) amended 1 October 2008 section 130(1) Policing Act 2008 4: Procedures for taking bodily Part 4 heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Attendance for purpose of taking bodily sample : Compulsion order or databank compulsion notice Heading substituted 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Heading amended 6 September 2010 section 10 Criminal Investigations (Bodily Samples) Amendment Act 2009 45AA: Date on which bodily sample to be taken 1: A bodily sample must not be taken pursuant to a compulsion order or databank compulsion notice if the date specified in the order or notice on which the person to whom the order or notice relates is to attend to give a bodily sample has passed, unless— a: a warrant to arrest the person to whom the order or notice relates has been issued under section 45 b: the date has been varied by a Judge under section 42 section 43 section 43A section 47 2: If a person to whom a compulsion order or databank compulsion notice relates and a constable a: the date specified in the order or notice, which may be the date as varied by a Judge under section 42 section 43 section 43A section 47 b: any other date before the date specified in the order or notice, agreed to by the person to whom the order or notice relates and a constable section 24A(2) or (4)(b) section 39A(2)(c) or (3)(b)(ii) Section 45AA inserted 15 April 2004 section 24(1) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 45AA(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 45AA(2)(b) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 45: Judge may issue warrant for arrest and detention 1: To avoid doubt, in this section and section 45A a: includes, if applicable, a date varied by a Judge under section 42 section 43 section 43A section 47 b: does not include a date varied by agreement between the person to whom the order or notice relates and a constable section 24A(2) or (4)(b) section 39A(2)(c) or (3)(b)(ii) 2: If a compulsion order is made or a databank compulsion notice is issued, a Judge of the appropriate court may, on an application made by the applicant for the order, or any other constable of or level of position section 45A(2)(b) 3: For the purposes of subsection (2), the appropriate court a: in relation to a compulsion order, the court in which the compulsion order was made; and b: in relation to a databank compulsion notice, the court before which the person to whom the databank compulsion notice relates was sentenced for the 4: A Judge must not direct the issue of a warrant before the date specified in a compulsion order or databank compulsion notice on which the person to whom the order or notice relates is to attend to give a bodily sample, unless the Judge is satisfied by evidence given on oath— a: that the person to whom the order or notice relates is unlikely to attend to give a bodily sample on the date specified in the order or notice, either— i: because the person to whom the order or notice relates has absconded; or ii: because there are reasonable grounds to believe that the person to whom the order or notice relates is about to abscond; and b: that— i: all reasonable steps have been taken to serve the person to whom the order relates with the order specifying the date on which the person is to attend to give the bodily sample; or ii: the person to whom the notice relates has been served with the notice specifying the date on which the person is to attend to give the bodily sample; and c: that, if applicable, all reasonable steps have been taken to give the person notice of the varying of the date— i: in the order or notice under section 47 ii: in the notice under section 42 section 43 section 43A 5: A Judge must not direct the issue of a warrant on or after the date specified in a compulsion order or databank compulsion notice on which the person to whom the order or notice relates was to attend to give a bodily sample unless the Judge is satisfied by evidence given on oath— a: that the person to whom the order or notice relates has failed to attend to give a bodily sample on the date specified in the order or notice; and b: that— i: all reasonable steps have been taken to serve the person to whom the order relates with the order specifying the date on which the person is to attend to give the bodily sample; or ii: the person to whom the notice relates has been served with the notice specifying the date on which the person is to attend to give the bodily sample; and c: that, if applicable, all reasonable steps have been taken to give the person notice of the varying of the date— i: in the order or notice under section 47 ii: in the notice under section 42 section 43 section 43A 6: Nothing in this section requires a Judge to direct the issue of an arrest warrant if the Judge is satisfied that the person to whom a compulsion order or databank compulsion notice relates was, or will be, unable to attend to give a bodily sample on the date specified in the compulsion order or databank compulsion notice due to reasons outside that person’s control. Section 45 substituted 15 April 2004 section 24(1) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 45(1)(b) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 45(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 45(2) amended 1 October 2008 section 130(1) Policing Act 2008 Section 45(2) amended 15 December 2005 section 5 Criminal Investigations (Bodily Samples) Amendment Act 2005 Section 45(3)(b) amended 5 December 2013 section 12 Criminal Investigations (Bodily Samples) Amendment Act 2013 45A: Form and effect of warrant for arrest and detention 1: Every warrant issued under section 45 a: must be in the prescribed form; and b: expires immediately after a bodily sample is taken from the person to whom the compulsion order or databank compulsion notice in relation to which the warrant is issued relates. 2: A warrant issued under section 45 a: the arrest of the person to whom the compulsion order or databank compulsion notice relates; and b: the detention of that person for as long as is reasonably necessary to take a bodily sample from that person, but in no case longer than 24 hours. 3: A bodily sample taken pursuant to a warrant issued under section 45 4: Despite subsection (3), a bodily sample taken pursuant to a warrant need not be taken at the place, on the date, or at the place and on the date specified in the compulsion order or databank compulsion notice. 5: The power to arrest and detain a person pursuant to a warrant issued under section 45 Section 45A inserted 15 April 2004 section 24(1) Criminal Investigations (Bodily Samples) Amendment Act 2003 46: Person in custody to attend to give bodily sample 1: This section applies to a person in respect of whom a compulsion order has been made, or a databank compulsion notice has been issued, if that person is detained— a: in the custody of the Police; or b: in the custody of the chief executive of the department for the time being responsible for the administration of the Oranga Tamariki Act 1989 c: in custody prison d: in a hospital under the Mental Health (Compulsory Assessment and Treatment) Act 1992 ; or e: in a facility under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 2: A person having custody of, or responsibility for, a person to whom this section applies must cause that person to attend at the place where, and on the date on which, a bodily sample is to be taken pursuant to the compulsion order or databank compulsion notice. 3: To avoid doubt, a place where, or a date on which, a person is to attend to give a bodily sample pursuant to a compulsion order or databank compulsion notice may be, if applicable,— a: a place or date as varied by a Judge under section 42 section 43 section 43A section 47 b: a place or date as varied by agreement between the person to whom the order or notice relates and a constable section 24A(2) section 39A(2)(c) 4: An agreement reached, under section 24A(2) section 39A(2)(c) constable 5: The Commissioner must meet any of the following expenses incurred by any person: a: the expense of bringing a person to whom this section applies to the place where the bodily sample is to be taken; and b: the expense of returning that person to the place where he or she is required to be detained. 6: The expenses referred to in subsection (5) include, but are not limited to, expenses relating to the maintenance and custody of a person to whom this section applies while he or she is absent from the place where he or she would otherwise be detained. Section 46 substituted 15 April 2004 section 24(1) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 46(1)(b) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 46(1)(c) amended 1 June 2005 section 206 Corrections Act 2004 Section 46(1)(d) amended 1 September 2004 section 50(4) Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 46(1)(e) added 1 September 2004 section 50(4) Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 46(3)(b) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 46(4) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 46A: Person detained or required to remain at residence to attend to give bodily sample 1: An agreement reached, under section 24A(4)(b) section 39A(3)(b)(ii) section 80A section 15 constable 2: Subsection (3) applies if— a: a condition is included in a suspect compulsion order or juvenile compulsion order under section 24A(5) b: a statement is included in a databank compulsion notice under section 39A(4) 3: If this subsection applies,— a: the Police must, as soon as practicable, give the Department of Corrections notice of the need for the person to leave the place where he or she is detained or required to remain for the purposes of having a bodily sample taken pursuant to a compulsion order or databank compulsion notice; and b: section 46(5) and (6) Section 46A substituted 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 46A(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 47: Variation by Judge on application of place and date for taking sample 1: If a compulsion order is made, or a databank compulsion notice is issued, a constable level of position a: vary the date specified in the order or notice on which the person to whom the order or notice relates is to attend to give a bodily sample; or b: vary the place specified in the order or notice where the person to whom the order or notice relates is to attend to give a bodily sample; or c: do both of the matters referred to in paragraphs (a) and (b). 2: For the purposes of subsection (1), the appropriate court a: in relation to a compulsion order, the court in which the compulsion order was made; and b: in relation to a databank compulsion notice, the court before which the person to whom the databank compulsion notice relates was sentenced for the 3: An application may be made under this section at any time, whether before or after the date specified in the compulsion order or databank compulsion notice as the date on which the person to whom the order or notice relates is to attend to give a bodily sample. 4: If a place, date, or place and date is varied under subsection (1), the varied place, date, or place and date must be treated for the purposes of the relevant compulsion order or databank compulsion notice, and this Act, as the place, date, or place and date specified in the order or notice. 5: A Judge may, if he or she considers it appropriate, on an application under this section, vary a compulsion order or databank compulsion notice in any manner he or she thinks fit, including (without limitation) variation of— a: the application of a condition included in an order under section 24A(2), (3), or (5) b: the particulars included in a notice under section 39A(2)(c) or (4) 6: To avoid doubt, an application must not be made under subsection (1) to vary a date or place, or date and place, agreed to by the person to whom the compulsion order or databank compulsion notice relates and a constable section 24A(2) section 39A(2)(c) Section 47 substituted 15 April 2004 section 24(1) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 47(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 47(1) amended 1 October 2008 section 130(1) Policing Act 2008 Section 47(2)(b) amended 5 December 2013 section 13 Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 47(6) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Procedure for taking bodily Heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 48: Method by which bodily sample may be taken : samples under Parts 2, 2A, and 3 1: If a bodily sample is being taken as a result of a Part 2A 2: If a bodily sample is being taken as a result of a suspect request or a databank request, or pursuant to a compulsion order or databank compulsion notice, it may, subject to subsections (3) to (5), be taken by any of the following methods: a: venous sample: b: fingerprick sample: c: buccal sample. 3: In the case of a bodily sample being taken as a result of a suspect request or a databank request, the person from whom the sample is to be taken must be given an opportunity to elect which of the 3 methods referred to in subsection (2) is to be used to take the sample. 4: In the case of a bodily sample being taken pursuant to a compulsion order or a databank compulsion notice where the Judge has not specified the method by which the sample is to be taken under section 17A section 24A(1) section 42(2)(b)(iii) section 44B a: he or she agrees to give a sample in compliance with the order or notice, the sample must be taken by the method he or she has chosen; or b: he or she refuses to give a bodily sample in compliance with the order or notice, the sample, if it is taken by force under section 54(2) 5: In the case of a bodily sample being taken pursuant to a compulsion order or databank compulsion notice where the Judge has specified under section 17A section 24A(1) section 42(2)(b)(iii) section 44B a: if the person agrees to give a sample in compliance with the order or notice, the sample must be taken by the method specified by the Judge; or b: if the person refuses to give a bodily sample in compliance with the order or notice, the sample, if taken by force under section 54(2) i: buccal sample, if the Judge has specified under section 24A(1) section 42(2)(b)(iii) ii: fingerprick sample, in any other case. 6: A constable 7: If a person has been given a reasonable opportunity under subsection (3) or (4)(a) to choose the method by which the sample is to be taken and has indicated that he or she has no preference as to the method by which the sample is taken, a constable 8: Section 54(2) constable Section 48 substituted 15 April 2004 section 25 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 48 heading amended 6 September 2010 section 11 Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 48(6) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 48(7) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 48(8) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 48A: Method by which bodily sample may be taken: samples under Part 2B 1: If a bodily sample is being taken under Part 2B a: fingerprick sample: b: buccal sample. 2: The person from whom the sample is to be taken must be given an opportunity to elect which of the 2 methods referred to in subsection (1) is to be used to take the sample. 3: A constable may indicate to a person making an election under subsection (2) that the Police prefer a particular method for taking the sample. 4: The sample must be taken— a: by the method in subsection (1) that the person has chosen; or b: if the person has been given a reasonable opportunity to elect which of the methods in subsection (1) is to be used to take the sample and has indicated that he or she has no preference as to the method by which the sample is taken, by the method referred to in subsection (1) chosen by a constable. 5: Despite subsection (4), if reasonable force is required to take the sample, the sample must be taken by fingerprick sample. Section 48A inserted 6 September 2010 section 12 Criminal Investigations (Bodily Samples) Amendment Act 2009 49: Persons authorised to take blood samples A blood sample taken from a person under this Act must be taken by a suitably qualified person. Section 49 substituted 15 April 2004 section 26 Criminal Investigations (Bodily Samples) Amendment Act 2003 49A: Persons authorised to take buccal samples 1: If a buccal sample is being taken pursuant to a compulsion order or databank compulsion notice or under Part 2B 18 a: take the buccal sample himself or herself under the supervision of a constable b: have the buccal sample taken by a suitably qualified person. 2: If a buccal sample is being taken pursuant to a suspect request or a databank request from a person of or over the age of 18 constable 3: If a buccal sample is being taken under this Act from a person of or over the age of 14 years but under the age of 18 a: take the buccal sample himself or herself under the supervision of a constable b: have the buccal sample taken by a suitably qualified person ; or c: in the case of a sample being taken under Part 2B 4: If a buccal sample is being taken under this Act from a child, he or she may elect— a: one of the options set out in subsection (3); or b: to have the buccal sample taken by a parent, under the supervision of a constable 5: Despite subsections (1)(a), (2), and (3)(a), if a person is unable to take a buccal sample himself or herself due to disability or injury, the buccal sample must be taken by a suitably qualified person. 6: Despite subsection (4), a child who is unable to take a buccal sample himself or herself due to disability or injury may only elect to have the buccal sample taken by— a: a parent, under the supervision of a constable b: a suitably qualified person. 7: A bodily sample must not be taken from a child if— a: a buccal sample is to be taken as a result of a Part 2A request; and b: the child is unable to take the buccal sample himself or herself due to disability or injury; and c: the child does not make an election under subsection (6). Section 49A inserted 15 April 2004 section 27 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 49A(1) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 49A(1) amended 6 September 2010 section 13(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 49A(1)(a) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 49A(2) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 49A(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 49A(3) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 49A(3)(a) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 49A(3)(b) amended 6 September 2010 section 13(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 49A(3)(c) added 6 September 2010 section 13(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 49A(4)(b) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 49A(6)(a) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 50: Person giving sample under Part 2, 2A, or 3 1: A person from whom a bodily sample is taken under Part 2 2A 3 a: a lawyer, or another person, of the person’s choice; and b: in the case of a person under the age of 18 2: The constable bodily a: a reasonable time before that sample is to be taken, ascertain whether or not that person wishes to exercise the right conferred on that person by subsection (1) and, if so, the name of the person or persons chosen by that person pursuant to that subsection; and b: take all reasonable steps to ensure that each person so chosen is notified— i: that the person from whom the sample is to be taken wishes him or her to be present during the taking of the sample; and ii: of the date on which, and the time and place at which, the sample is to be taken. 3: Notwithstanding anything in paragraph (a) of subsection (1), where a bodily 18 Section 50 heading amended 6 September 2010 section 14(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 50(1) substituted 15 April 2004 section 28 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 50(1) amended 6 September 2010 section 14(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 50(1)(b) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 50(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 50(2) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 50(3) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 50(3) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 50A: Other person must be present when young person gives sample under Part 2B 1: This section and sections 50B to 50D Part 2B 2: The young person is entitled to have the following persons present during the taking of the sample: a: a lawyer, or another person, of the young person's choice; and b: a parent or other person who has the care of that young person. 3: The constable responsible for arranging the taking of the bodily sample must— a: ascertain whether the young person wishes to exercise the right conferred on that person by subsection (2); and b: take all reasonable steps to ensure that each person chosen is notified that the young person wishes him or her to be present during the taking of the sample. 4: A person referred to in subsection (2)(a) may, unless the young person objects, be chosen on the young person's behalf by a parent or other person who has the care of that young person, and in that case subsection (3) applies with all necessary modifications. 5: One of the following persons must be present during the taking of a bodily sample from a young person under Part 2B a: a person chosen under this section by the young person or by a parent or other person who has the care of that young person: b: a person chosen under section 50B(5) c: a person chosen under section 50B(5) d: a person, who is not a Police employee within the meaning of section 4 Section 50A inserted 6 September 2010 section 15 Criminal Investigations (Bodily Samples) Amendment Act 2009 50B: Further provision if other person chosen to be present not present when choice made 1: This section applies if— a: a young person chooses under section 50A b: any person chosen is not present when the choice is made. 2: The constable may, by notice in writing to the young person or a parent or other person who has the care of that young person, require the attendance of the young person on a date and at a time and place specified in the notice to give the bodily sample. 3: If the constable issues a notice under subsection (2), the constable must take all reasonable steps to ensure that each person chosen as described in subsection (1)(a) is notified— a: that the young person wishes him or her to be present during the taking of the sample; and b: of the date on which, and the time and place at which, the sample is to be taken. 4: Subsection (5) applies if a constable believes, on reasonable grounds, that any person chosen as described in subsection (1)(a) cannot with reasonable diligence be located or will not be available within a period of time that is reasonable in the circumstances. 5: The constable may refuse to allow the young person to have the person described in subsection (1)(a) present and— a: may give the young person or a parent or other person who has the care of that young person the opportunity to— i: choose another person described in section 50A(2) ii: elect that the constable choose a person who is not a Police employee within the meaning of section 4 b: if the young person or parent or other person fails or refuses to make a choice or an election under paragraph (a), may choose a person who is not a Police employee within the meaning of section 4 6: If a person chosen under subsection (5) is not present when the choice is made, the constable— a: may, by notice in writing to the young person or a parent or other person who has the care of that young person, require the attendance of the young person on a date and at a time and place specified in the notice to give the bodily sample; and b: if the constable issues a notice under paragraph (a), must take all reasonable steps to ensure that the person chosen is notified,— i: if applicable, that the young person wishes him or her to be present during the taking of the sample; and ii: of the date on which, and the time and place at which, the sample is to be taken. 7: However, if a constable believes, on reasonable grounds, that any person chosen as described in subsection (5)(a)(i) cannot with reasonable diligence be located or will not be available within a period of time that is reasonable in the circumstances, the constable may choose a person who is not a Police employee within the meaning of section 4 Section 50B inserted 6 September 2010 section 15 Criminal Investigations (Bodily Samples) Amendment Act 2009 50C: Judge may issue warrant for arrest and detention if young person fails to attend in accordance with notice under section 50B 1: A Judge of the appropriate court may, on application by a person described in subsection (2), issue a warrant to arrest and detain a young person until a bodily sample is taken if the Judge is satisfied that— a: a notice was given to a young person under section 50B(2) or (6) b: the young person failed to attend as specified in the notice to give a bodily sample. 2: A person referred to in subsection (1) is— a: the constable who gave the notice; or b: any other constable. 3: Nothing in this section requires a Judge to direct the issue of an arrest warrant if the Judge is satisfied that the person to whom the notice relates was unable to attend to give a bodily sample on the date specified in the notice due to reasons outside that person’s control. 4: In subsection (1), appropriate court a: if the young person has not yet been charged for the triggering offence, the court in which the charge would be filed b: if the young person has been charged for the triggering offence, the court in which the charge was filed Section 50C inserted 6 September 2010 section 15 Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 50C(4)(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 50C(4)(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011 50D: Form and effect of warrant issued under section 50C 1: A warrant issued under section 50C a: must be in the prescribed form; and b: expires immediately after a bodily sample is taken from the person to whom the notice under section 50B notice 2: A warrant under section 50C a: the arrest of the person to whom the notice relates; and b: the detention of that person for as long as is reasonably necessary to take a bodily sample from that person, but in no case longer than 24 hours. 3: If a bodily sample is taken under a warrant issued under section 50C Part 2B 4: The power to arrest and detain a person under a warrant issued under section 50C Section 50D inserted 6 September 2010 section 15 Criminal Investigations (Bodily Samples) Amendment Act 2009 51: Suitably qualified persons and certain other persons Nothing in this Act— a: compels any suitably qualified person bodily b: compels any lawyer or person chosen under section 50(1)(a) or (3) or 50A(2)(a) or (4) 50B(5) or 50A(2)(b) c: compels any parent to take a buccal sample from his or her child under section 49A(3)(c), (4)(b), or (6)(a) Section 51 heading amended 15 April 2004 section 29(1) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 51(a) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 51(a) amended 15 April 2004 section 29(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 51(b) substituted 15 April 2004 section 29(3) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 51(b) amended 6 September 2010 section 16(1)(a) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 51(b) amended 6 September 2010 section 16(1)(b) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 51(c) added 15 April 2004 section 29(3) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 51(c) amended 6 September 2010 section 16(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 52: Who may be present when bodily 1: No person shall be present during the taking of a bodily a: a constable b: the suitably qualified person who is to take the sample or the constable section 49A(4)(b) or (6)(a) constable c: any person who is chosen, pursuant to subsection (1) or subsection (3) of section 50 or section 50A(2) or (4) 50B(5) d: any person referred to in section 50(1)(b) or 50A(2)(b) da: in the case of a suspect under the age of 18 Part 2A e: where the person from whom the sample is to be taken is in custody, any person who is for the time being guarding or escorting f: any person chosen by a constable under section 50B(5) g: any other person who is entitled by or under this Act to be present. 2: Section 52 heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 52(1) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 52(1)(a) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 52(1)(b) substituted 15 April 2004 section 30(1) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 52(1)(b) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 52(1)(c) amended 6 September 2010 section 17(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 52(1)(d) amended 6 September 2010 section 17(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 52(1)(da) inserted 15 April 2004 section 30(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 52(1)(da) amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 52(1)(e) amended 15 April 2004 section 30(3) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 52(1)(f) added 6 September 2010 section 17(3) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 52(1)(g) added 6 September 2010 section 17(3) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 52(2) repealed 15 April 2004 section 30(4) Criminal Investigations (Bodily Samples) Amendment Act 2003 52A: Who must be present when suspect under age of 18 A suspect who is under the age of 18 a: an independent adult is present when the buccal sample is taken; and b: the suspect has confirmed, in the presence of that independent adult, before taking the buccal sample, that he or she has elected to take a buccal sample himself or herself. Section 52A inserted 15 April 2004 section 31 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 52A heading amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 52A amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 53: Reasonable privacy to be afforded Subject to section 52 bodily Section 53 amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 54: Procedure for taking bodily sample pursuant to compulsion order or databank compulsion notice 1: If a bodily sample is to be taken pursuant to a compulsion order or databank compulsion notice, a constable a: unless the method by which the sample is to be taken has been specified by a Judge under section 17A section 24A(1) section 42(2)(b)(iii) section 44B b: if the person is not a person in relation to whom a Judge has specified the method by which the sample is to be taken, inform the person that if he or she refuses to give a bodily sample, that a constable c: if the person is a person in relation to whom a Judge has specified the method by which the sample is to be taken under section 17A section 44B section 24A(1) section 42(2)(b)(iii) constable d: if he or she is a person in relation to whom a Judge has specified under section 24A(1) section 42(2)(b)(iii) constable 2: If a person refuses to give a bodily sample pursuant to a compulsion order or a databank compulsion notice, a constable a: use or cause to be used reasonable force to assist a suitably qualified person to take a fingerprick sample; or b: if a Judge has specified under section 24A(1) section 42(2)(b)(iii) 3: If a person who refuses to give a bodily sample is detained in a prison constable constable 4: If a constable constable Section 54 substituted 15 April 2004 section 32 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 54(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 54(1)(b) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 54(1)(c) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 54(1)(d) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 54(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 54(3) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 54(3) amended 1 June 2005 section 235(1) Corrections Act 2004 Section 54(4) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 54A: Procedure for taking bodily sample under Part 2B 1: If a constable proposes to require a person to give a bodily sample under Part 2B a: ascertain from the person whether he or she wishes the sample to be taken by way of fingerprick sample or buccal sample: b: inform the person that if he or she refuses to give a bodily sample a constable may use or cause to be used reasonable force to assist a suitably qualified person to take a fingerprick sample. 2: If a person refuses to give a bodily sample when required to do so under Part 2B Section 54A inserted 6 September 2010 section 18 Criminal Investigations (Bodily Samples) Amendment Act 2009 55: How venous sample to be dealt with 1: Subject to any regulations made under this Act, on the taking of a venous sample pursuant to this Act, the person taking the sample shall ask the person from whom the sample is taken whether or not he or she wishes to have part of the sample for the purposes of having it analysed on his or her own behalf. 2: If the person responds in the affirmative to the question put to him or her in accordance with subsection (1),— a: the sample shall be divided into 2 parts; and b: each part shall be placed in a separate container, which shall then be sealed; and c: one part of the venous sample must be delivered— i: immediately to the person from whom it was taken; or ii: if the person from whom the venous sample is taken is in custody (other than pursuant to a warrant issued under section 45 A: as soon as is practicable to any person nominated by that person for the purpose if the nominated person is not present when the venous sample is taken; or B: immediately to any person nominated for the purpose if the nominated person is present when the venous sample is taken. 3: If the person responds in the negative, or fails or refuses to respond, to the question put to him or her in accordance with subsection (1), all or part of the sample shall be placed in a container, which shall then be sealed. 4: Any anti-coagulant substance may be added to any venous sample by placing it in the container, whether before or after the sample is taken and placed in the container. Section 55(2)(c) substituted 15 April 2004 section 33 Criminal Investigations (Bodily Samples) Amendment Act 2003 56: How fingerprick sample to be dealt with Subject to any regulations made under this Act, on the taking of a fingerprick sample pursuant to this Act, the person taking the sample shall— a: place the sample in a container, which shall be sealed as soon as practicable after the sample has dried; and b: ask the person from whom the sample is taken whether or not he or she wishes to have a second fingerprick sample taken for the purposes of having the sample analysed on his or her own behalf; and c: if the person responds in the affirmative, take a second fingerprick sample from the person, but only with that person’s consent; and d: deliver any second fingerprick sample— i: immediately to that person; or ii: if the person from whom the fingerprick sample is taken is in custody (other than pursuant to a warrant issued under section 45 A: as soon as is practicable to any person nominated by that person for the purpose if the nominated person is not present when the fingerprick sample is taken; or B: immediately to any person nominated for the purpose if the nominated person is present when the fingerprick sample is taken. Section 56(d) substituted 15 April 2004 section 34 Criminal Investigations (Bodily Samples) Amendment Act 2003 56A: How buccal sample to be dealt with 1: This section applies to the following persons: a: any constable b: any suitably qualified person taking a buccal sample. 2: Any person to whom this section applies must, after the taking of a buccal sample,— a: as soon as is practicable,— i: seal the buccal sample in a container once it has dried; or ii: place the buccal sample in a container in a way that allows it to dry; and b: ask the person from whom the buccal sample was taken whether or not he or she wishes to have a second buccal sample taken for the purposes of having the buccal sample analysed on his or her own behalf; and c: if the person responds in the affirmative,— i: in the case of a constable ii: in the case of a suitably qualified person, with the person’s consent take a second buccal sample or, if the person so requests, provide the person from whom the second buccal sample is to be taken with the means to take a second buccal sample himself or herself (or in the case of a buccal sample being taken from a child, if applicable, provide a parent with the means to take a second buccal sample from the child); and d: deliver any second buccal sample— i: immediately to that person; or ii: if the person from whom the buccal sample was taken is in custody (other than pursuant to a warrant issued under section 45 A: as soon as is practicable to any person nominated by that person for the purpose if the nominated person is not present when the buccal sample is taken; or B: immediately to any person nominated for the purpose if the nominated person is present when the buccal sample is taken. Section 56A inserted 15 April 2004 section 35 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 56A(1)(a) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 56A(2)(c)(i) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Analysis of bodily Heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 57: Analysis of material found at scene, etc 1: If— a: material reasonably believed to be from, or genetically traceable to, the body of a person who committed the offence has been found or is available— i: at the scene of the offence; or ii: on the victim of the offence; or iii: from within the body or from any thing coming from within the body of the victim of the offence that is reasonably believed to be associated with, or having resulted from, the commission of the offence; or iv: on any thing reasonably believed to have been worn or carried by the victim when the offence was committed; or v: on any person or thing reasonably believed to have been associated with the commission of the offence; and b: a bodily Part 2 c: the person from whom the bodily then, if practicable, a part of that material sufficient for analysis shall, at the request of the person so charged, be made available to him or her or to any other person nominated by him or her. 2: Subsection (1) applies with all necessary modifications to a buccal sample taken as a result of a Part 2A request if an application is made for a care or protection order for the suspect from whom the buccal sample is taken section 14(1)(e) Oranga Tamariki Act 1989 Section 57(1)(a) substituted 15 April 2004 section 36(1) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 57(1)(b) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 57(1)(c) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 57(2) added 15 April 2004 section 36(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 57(2) amended 1 July 2019 section 43(4) Oranga Tamariki Legislation Act 2019 Section 57(2) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 58: Analysis of bodily If any bodily constable Section 58 heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 58 amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 58 amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 59: Records of analysis to be made available If any bodily constable a: any record of that analysis; and b: any record of any comparison made between that analysis and any analysis of any material of the kind referred to in section 57 shall be made available, as soon as practicable, to the person from whom the sample was taken or to his or her lawyer. Section 59 amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 59 amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Disposal of bodily Heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 60: Disposal of bodily 1: The Commissioner shall ensure that— a: every bodily Part 2 b: every record of any analysis of any such bodily constable c: every record, to the extent that it contains— i: information about the sample; and ii: particulars that are identifiable by any person as particulars identifying that information with the person from whom the sample was taken,— is destroyed,— d: subject to section 61 24 e: if the person is charged with such an offence before the expiry of that period, as soon as practicable after— i: the charge is withdrawn; or ii: the person is acquitted of the offence,— whichever occurs first; or f: if the person is convicted of such an offence, and the offence is not an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 2: Subsection (2A) applies if— a: a bodily sample is taken under Part 2 b: the person is convicted of the offence in respect of which the sample is taken, or of a related offence; and c: the offence of which the person is convicted is an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 2A: The Commissioner must ensure that the sample is retained only for as long as necessary to enable a DNA profile to be obtained from the sample, and is then destroyed. 3: Nothing in this section requires the destruction of any DNA profile that may lawfully be retained in a DNA profile databank. 4: Nothing in subsection (1)(f) applies where the conviction for the offence is quashed on appeal and a new trial is ordered. Section 60 heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 60(1)(a) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 60(1)(b) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 60(1)(b) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 60(1)(d) amended 6 September 2010 section 19 Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 60(1)(f) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 60(1)(f) amended 5 December 2011 section 49(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 60(2) substituted 5 December 2011 section 49(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 60(2)(c) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 60(2A) inserted 5 December 2011 section 49(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 60A: Disposal of bodily samples and identifying information obtained under Part 2B 1: This section applies to— a: a bodily sample taken under Part 2B b: every record of any analysis of that bodily sample carried out on behalf of any constable; and c: every record, to the extent that it contains— i: information about the sample; and ii: particulars that are identifiable by any person as particulars identifying that information with the person from whom the sample was taken. 2: The Commissioner must ensure that the bodily sample referred to in subsection (1)(a) is destroyed as soon as practicable after a DNA profile is obtained from the sample. 3: The Commissioner must ensure that any record referred to in subsection (1)(b) and (c) is destroyed,— a: subject to section 61 b: if the person is charged with such an offence before the expiry of that period, as soon as practicable after the first of the following to occur: i: the charge is withdrawn; or ii: the person is acquitted of the offence. 4: Nothing in this section requires the destruction of a DNA profile that may lawfully be retained in a DNA profile databank. 5: In this section, related offence a: a related imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 section 24J b: a related relevant offence, if the bodily sample was taken under section 24K Section 60A inserted 6 September 2010 section 20 Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 60A(3)(a) amended 5 December 2013 section 14(1) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 60A(5) inserted 5 December 2013 section 14(2) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 60A(5)(a) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 61: Extension of period for which sample may be retained 1: On application in accordance with this section, a District Court Judge or High Court Judge a: in respect of a bodily sample taken under Part 2 section 60(1)(b) and (c) b: in respect of records as described in section 60A(1)(b) and (c) 1A: In this section, the period in section 60(1)(d) section 60A(3)(a) relevant period 2: An application under subsection (1)— a: may be made only by a constable who is of or above the level of position of inspector b: may be made at any time before the relevant period (or any current extension of the relevant period granted pursuant to this section) has expired; and c: shall be made ex parte 3: An extension or, as the case requires, a further extension of the relevant period may be granted under this section only if the District Court Judge or High Court Judge a: that the person from whom the bodily sample was taken has not been charged with the triggering offence, or a related b: either of the circumstances mentioned in subsection (3A) exists. 3A: The circumstances referred to in subsection (3) are— a: that there is still good cause to suspect that the person committed an offence referred to in subsection (3)(a) and— i: there is a good reason for the person not having been charged; and ii: it is important to the investigation of the offence that the bodily sample, and any records that would otherwise be required to be destroyed, be retained; or b: that— i: there is not, or no longer, good cause to suspect that the person committed an offence referred to in subsection (3)(a); but ii: it is important to the investigation of the offence, or to criminal proceedings in relation to that offence, that the bodily sample, and any records that would otherwise be required to be destroyed, be retained. 4: An extension or, as the case requires, a further extension of the relevant period may be granted under this section— a: for a period of not more than 6 months; or b: where the relevant period has previously been extended for periods that amount, in the aggregate, to 1 year or more, for a period of not more than 12 months— commencing on the day after the day on which the relevant period (or, as the case requires, any current extension of the relevant period granted under this section) expires. 5: Where an application for the extension or, as the case requires, the further extension of the relevant period is duly made before the expiry of that period (or, as the case requires, of any current extension of that period granted under this section), then, until the application is determined, the sample (in the case of a sample taken under Part 2 6: In this section, related offence a: a related imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 section 24J b: a related relevant offence, if the bodily sample was taken under section 24K Section 61(1) substituted 6 September 2010 section 21(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 61(1) amended 14 November 2018 section 118(1) Courts Matters Act 2018 Section 61(1) amended 5 December 2011 section 50(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 61(1A) inserted 6 September 2010 section 21(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 61(2)(a) amended 1 October 2008 section 116(b) Policing Act 2008 Section 61(3) substituted 6 September 2010 section 21(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 61(3) amended 14 November 2018 section 118(2) Courts Matters Act 2018 Section 61(3) amended 5 December 2011 section 50(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 61(3)(a) amended 5 December 2013 section 15(1) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 61(3A) inserted 6 September 2010 section 21(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 61(5) amended 6 September 2010 section 21(3) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 61(6) inserted 5 December 2013 section 15(2) Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 61(6)(a) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 61A: Disposal of buccal samples and identifying information obtained under Part 2A 1: The Commissioner must ensure that a buccal sample taken from a suspect as a result of a Part 2A request, and the information referred to in subsection (2), is destroyed,— a: in a case where the results of analysis of the buccal sample do not tend to confirm the suspect’s involvement in the offence in relation to which the buccal sample was taken, as soon as practicable after the Police receive those results; or b: in a case where the results of analysis of the buccal sample tend to confirm the suspect’s involvement in the offence in relation to which the buccal sample was taken but an application is not made for a care or protection order for the suspect section 14(1)(e) Oranga Tamariki Act 1989 c: in the case where the results of analysis of the buccal sample tend to confirm the suspect’s involvement in the offence in relation to which the buccal sample was taken and an application has been made for a care or protection order for the suspect section 14(1)(e) Oranga Tamariki Act 1989 (whether or not an order is made) 2: The information is— a: every record of any analysis of the buccal sample carried out on behalf of any constable b: every record to the extent that it contains— i: information about the buccal sample; and ii: particulars that are identifiable by any person as particulars identifying that information with the person from whom the buccal sample was taken. Section 61A inserted 15 April 2004 section 37 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 61A(1)(b) amended 1 July 2019 section 43(4) Oranga Tamariki Legislation Act 2019 Section 61A(1)(b) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 61A(1)(c) amended 1 July 2019 section 43(4) Oranga Tamariki Legislation Act 2019 Section 61A(1)(c) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 61A(2)(a) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 62: Disposal of bodily 1: Subject to subsections (3) and (4), the Commissioner shall ensure that every bodily Part 3 2: Subject to subsections (3) and (4), the Commissioner shall ensure that every bodily Part 3 3: Nothing in subsection (1) or subsection (2) authorises the retention of any bodily section 60 4: Where— a: a bodily notice issued an imprisonable offence or offence against any of the provisions listed in Part 3 Schedule 1 b: that conviction is subsequently quashed,— the Commissioner shall ensure that— c: that bodily d: every record of any analysis of that bodily constable e: every record, to the extent that it contains— i: information about that sample; and ii: particulars that are identifiable by any person as particulars identifying that information with the person from whom the sample was taken,— are destroyed as soon as practicable after the conviction is quashed. Section 62 heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 62(1) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 62(2) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 62(3) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 62(4)(a) amended 1 July 2019 section 43(3) Oranga Tamariki Legislation Act 2019 Section 62(4)(a) amended 5 December 2013 section 16 Criminal Investigations (Bodily Samples) Amendment Act 2013 Section 62(4)(a) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 62(4)(a) amended 15 April 2004 section 38 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 62(4)(c) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 62(4)(d) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 62(4)(d) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 63: Material extracted from samples to be destroyed Where any provision of section 60 , 60A 61A 62 bodily bodily Section 63 amended 6 September 2010 section 22 Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 63 amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 63 amended 15 April 2004 section 39 Criminal Investigations (Bodily Samples) Amendment Act 2003 5: Miscellaneous provisions Procedural and evidential provisions 64: Translation of notices Where— a: a notice in the prescribed form is required by section 6(2)(a) , 8(2)(a) 24E(a) 24N 30(2)(a) 33(b) b: the first or preferred language of that person is other than English,— then— c: it shall be sufficient compliance with that requirement if the notice given to that person is an accurate translation of the prescribed form in the first or preferred language of that person; and d: it shall be sufficient compliance with the requirements of section 9(2) section 24G(2) section 34(2) bodily Section 64(a) amended 6 September 2010 section 23 Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 64(a) amended 15 April 2004 section 40(1) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 64(d) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 64(d) amended 15 April 2004 section 40(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 65: No right of appeal Subject to section 47 66: Court may dispense with service Where any person cannot be served with notice of an application made under any provision of this Act, a Judge of the court to which the application is made may, on such terms and conditions as the Judge thinks fit, dispense with service on that person. 67: Application of Legal Services Act 2000 1: For the purposes of the Legal Services Act 2000 2: 3: Section 67 substituted 1 February 2001 section 128 Legal Services Act 2000 Section 67(2) repealed 15 April 2004 section 41 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 67(3) repealed 1 July 2011 section 144 Legal Services Act 2011 68: Standard of proof Any question of fact to be determined by a High Court Judge or a District Court Judge or a Youth Court Judge on an application made under this Act shall be determined on the balance of probabilities. 69: Non-attendance of persons not to affect admissibility of evidence 1: No evidence obtained as a direct or indirect result of a bodily subsection (1) or subsection (3) of section 50 or section 50A(2)(a) or (4) 50B(5) a: that the person from whom the sample is to be taken wishes him or her to be present during the taking of the sample; and b: of the date on which, and the time and place at which, the sample is to be taken. 2: This section is subject to section 50A(5) Section 69(1) amended 6 September 2010 section 24(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 69(1) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 69(2) added 6 September 2010 section 24(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 70: Inference may be drawn from refusal to allow sample to be taken 1: Where— a: a suspect compulsion order or a juvenile compulsion order is made in respect of any person in relation to any offence; and b: no bodily bodily then, in any criminal proceedings against that person for that offence or a related offence,— c: evidence may be given as to the refusal of that person to allow the taking of that bodily d: the court or jury may draw such inferences (if any) from the fact of refusal as appear to the court or, as the case may be, the jury to be proper in the circumstances, taking into account any evidence given by or on behalf of the person who refused to consent to the taking of the bodily 2: In any proceedings in which the jury might draw an inference pursuant to subsection (1)(d), the Judge or, as the case may be, the District Court Judge may tell the jury that there may be good reasons for the person’s refusal to allow the taking of a bodily 1980 No 94 s 57 1991 No 120 s 2(4) Section 70(1)(b) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 70(1)(c) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 70(1)(d) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 70(2) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 71: Information stored on DNA profile databank or obtained under Part 2B 1: Subject to subsections (2) to (4), no DNA profile that is— a: derived from any bodily b: stored on a DNA profile databank— shall be admissible against that person in any criminal proceedings. 1A: Subject to subsection (4), no DNA profile that is derived from a bodily sample taken under Part 2B 2: Where a bodily Part 2 3: Nothing in subsection (1) applies in respect of any proceedings on any application for a compulsion order. 4: Nothing in subsection (1) or (1A) Section 71 heading amended 6 September 2010 section 25(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 71(1)(a) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 71(1A) inserted 6 September 2010 section 25(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 71(2) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 71(4) amended 6 September 2010 section 25(3) Criminal Investigations (Bodily Samples) Amendment Act 2009 71A: Judge may consent to bodily sample taken under Part 2B being retained and used for evidential purposes 1: A District Court Judge or Youth Court Judge may, on application made in accordance with this section, consent to a bodily sample taken from a person under Part 2B 2: An application for consent under subsection (1)— a: must be made by a constable; and b: must be made before the sample concerned is analysed by or on behalf of the Police; and c: must be in writing and contain— i: sufficient information to fairly inform the Judge of the nature of the bodily sample, the statutory authority for taking it, and the date on which it was taken; and ii: a statement that satisfies the Judge that the sample has not been analysed; and iii: a statement that the constable believes the sample taken from the person would tend to confirm or disprove the person's involvement in the commission of the offence and that gives the reasons for that belief; and d: may be made without notice. 3: If the form of an application or consent under this section is not prescribed, the form must be acceptable to the court. Section 71A inserted 6 September 2010 section 26 Criminal Investigations (Bodily Samples) Amendment Act 2009 Miscellaneous provisions 72: Other powers and abilities to take specimens from person’s body Nothing in this Act— a: limits or affects any other enactment relating to the taking of a bodily sample, or any other specimen from a person’s body b: limits section 32 c: shall be taken to limit or affect the circumstances in which any specimen from a person’s body (other than a bodily sample) Section 72 heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 72(a) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 72(b) amended 1 October 2008 section 130(4) Policing Act 2008 Section 72(c) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 73: Consent to taking of bodily Notwithstanding any other enactment or rule of law, no person shall be capable of consenting, on behalf of another person, to the taking of a bodily , Part 2A Section 73 heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 73 amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 73 amended 15 April 2004 section 42 Criminal Investigations (Bodily Samples) Amendment Act 2003 74: Payment of lawyer appointed to represent suspect 1: Where a lawyer is appointed pursuant to section 21 section 41C(3) a: the fees and expenses of that lawyer shall, in accordance with any regulations made under this Act, be paid by the Crown: b: the bill of costs rendered by that lawyer shall be given to a Registrar of the court that so appointed that lawyer, and the Registrar may tax the bill of costs. 2: A lawyer who is dissatisfied with the decision of the Registrar as to the amount of the bill may, within 14 days after the date of the decision, apply to a Judge of the court that so appointed that lawyer to review the decision; and the Judge may make such order varying or confirming the decision as the Judge considers fair and reasonable. 3: Notwithstanding subsection (1), a Judge may, if he or she thinks proper, order any party to the proceedings to refund to the Crown such amount as the Judge specifies in respect of any fees and expenses paid under that subsection, and the amount ordered to be refunded shall be a debt due to the Crown by that party and shall be recoverable accordingly in any court of competent jurisdiction. 1989 No 24 s 325 Section 74(1) amended 15 April 2004 section 43 Criminal Investigations (Bodily Samples) Amendment Act 2003 75: Fees and expenses of lay advocate Where, pursuant to section 18(3)(b)(vi) or section 41C(2)(c) 18 a: the fees and expenses of that person in connection with that appearance shall be deemed, for the purposes of section 328A Oranga Tamariki Act 1989 b: the provisions of that section of that Act shall apply in relation to those fees and expenses accordingly. Section 75 amended 1 July 2019 section 43(1) Oranga Tamariki Legislation Act 2019 Section 75 amended 15 April 2004 section 44 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 75(a) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 76: Information relating to bodily 1: The Commissioner shall include, in every annual report prepared by him or her for the purposes of section 101 a: the number of occasions on which a blood sample has been taken with the consent of a person given in response to a databank request: ab: the number of occasions on which a buccal sample has been taken with the consent of a person given in response to a databank request: b: the number of applications for compulsion orders, with the number of each type of compulsion order stated separately: c: the number of applications referred to in paragraph (b) that were granted, and the number that were refused: ca: the number of occasions on which a blood sample has been taken pursuant to a compulsion order: cb: the number of occasions on which a buccal sample has been taken pursuant to a compulsion order: cc: the number of occasions on which a blood sample has been taken pursuant to a databank compulsion notice: cd: the number of occasions on which a buccal sample has been taken pursuant to a databank compulsion notice: ce: the number of— i: databank compulsion notice hearings requested; and ii: Part 3 d: the number of— i: occasions on which a DNA profile obtained under a Part 2 ii: persons referred to in subparagraph (i) in respect of whom a conviction has been entered as a result of the trial: da: the number of— i: occasions on which a DNA profile obtained under a Part 3 Part 2 ii: suspect compulsion orders granted in respect of those applications: e: the number of occasions on which any constable ea: the number of occasions on which a buccal sample has been taken as a result of a Part 2A eb: the number of occasions on which a bodily sample has been taken under Part 2B ec: the number of occasions on which a DNA profile was derived from a bodily sample taken under Part 2B ed: the number of occasions on which a DNA profile derived from a bodily sample taken under Part 2B section 24R(1)(a) ee: the number of occasions on which a DNA profile derived from a bodily sample taken under Part 2B ef: the number of occasions on which a constable used reasonable force under section 54A(2) eg: the total number of DNA profiles stored on a Part 2B f: the total number of DNA profiles stored on a DNA profile databank at the end of the period under review, together with a breakdown of that total according to whether the bodily samples from which the DNA profiles were obtained were taken by consent or pursuant to a compulsion order or databank compulsion notice: g: the number of occasions on which a DNA profile obtained from evidence at the scene of an offence or in connection with an offence is matched with a DNA profile obtained under a Part 2 h: the number of occasions on which a DNA profile obtained from evidence at the scene of an offence or in connection with an offence is matched with a DNA profile on the DNA profile databank obtained under a Part 3 2: The information required by subsection (1)(eb) to (eg) must be provided together with a breakdown of those totals according to the ethnicity of the persons from whom the samples were taken, and the number of young persons from whom the samples were taken, so far as that information is known by the Police. 1978 No 65 s 29 Section 76 heading amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 76(1) amended 1 October 2008 section 130(1) Policing Act 2008 Section 76(1)(ab) inserted 15 April 2004 section 45(1) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 76(1)(ca) inserted 15 April 2004 section 45(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 76(1)(cb) inserted 15 April 2004 section 45(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 76(1)(cc) inserted 15 April 2004 section 45(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 76(1)(cd) inserted 15 April 2004 section 45(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 76(1)(ce) inserted 15 April 2004 section 45(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 76(1)(d) substituted 15 April 2004 section 45(3) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 76(1)(da) inserted 15 April 2004 section 45(3) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 76(1)(e) substituted 15 April 2004 section 45(4) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 76(1)(e) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 76(1)(ea) inserted 15 April 2004 section 45(4) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 76(1)(eb) inserted 6 September 2010 section 27(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 76(1)(ec) inserted 6 September 2010 section 27(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 76(1)(ed) inserted 6 September 2010 section 27(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 76(1)(ee) inserted 6 September 2010 section 27(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 76(1)(ef) inserted 6 September 2010 section 27(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 76(1)(eg) inserted 6 September 2010 section 27(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 76(1)(f) substituted 15 April 2004 section 45(5) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 76(1)(g) added 15 April 2004 section 45(5) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 76(1)(h) added 15 April 2004 section 45(5) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 76(2) added 6 September 2010 section 27(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 77: Offences 1: Every person commits an offence and is liable on a: for the purpose of the providing of a bodily b: refuses to allow a bodily sample to be taken under a databank compulsion notice or under Part 2B c: having been given a notice under section 50B Part 2B 2: Every person commits an offence and is liable on conviction a: knowingly falsifies any DNA profile stored on a DNA profile databank , or a Part 2B b: knowingly provides false information with the intent that it should be stored on a DNA profile databank or a Part 2B c: knowing that he or she is not authorised to do so, adds to or deletes from a DNA profile databank , or a Part 2B d: in contravention of section 24R or 27 i: gains or attempts to gain access to a DNA profile databank or a Part 2B ii: discloses any information stored on a DNA profile databank or a Part 2B e: in contravention of section 24S or 28 i: gains or attempts to gain access to a bodily ii: uses any such bodily 3: Every person commits an offence and is liable on section 14 section 19 1976 No 19 s 29 s 59 Section 77(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 77(1)(a) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 77(1)(b) substituted 6 September 2010 section 28(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 77(1)(c) added 6 September 2010 section 28(1) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 77(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 77(2)(a) amended 6 September 2010 section 28(2) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 77(2)(b) amended 6 September 2010 section 28(3) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 77(2)(c) amended 6 September 2010 section 28(4) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 77(2)(d) amended 6 September 2010 section 28(5)(a) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 77(2)(d)(i) amended 6 September 2010 section 28(5)(b) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 77(2)(d)(ii) amended 6 September 2010 section 28(5)(b) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 77(2)(e) amended 6 September 2010 section 28(6) Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 77(2)(e)(i) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 77(2)(e)(ii) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 77(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 78: Breach of compulsion order or Part 3 order No proceedings for contempt of court shall be brought in respect of any refusal or failure to comply with a compulsion order or a Part 3 Section 78 heading amended 15 April 2004 section 47(1) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 78 amended 15 April 2004 section 47(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 79: Indemnity 1: No proceedings, civil or criminal, shall lie against any person in respect of the taking of a fingerprick or buccal section 54(2) or (3) or 54A(2) 2: Nothing in subsection (1) shall apply with respect to any proceeding on the ground of any negligent act or omission in the taking of any bodily 1962 No 135 s 58D 1988 No 170 s 7 Section 79(1) amended 6 September 2010 section 29 Criminal Investigations (Bodily Samples) Amendment Act 2009 Section 79(1) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 79(1) amended 15 April 2004 section 48 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 79(2) amended 15 April 2004 section 6 Criminal Investigations (Bodily Samples) Amendment Act 2003 80: Regulations 1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: a: prescribing procedures for the analysis of bodily b: prescribing procedures for the storage of bodily c: prescribing procedures relating to the undertaking of forensic comparisons, including (without limitation) procedures to ensure fairness and objectivity in the use of a DNA profile databank for the purpose of such comparisons: d: providing for the administration of a DNA profile databank: e: prescribing the forms of applications, notices, orders, and other documents for the purposes of this Act, and requiring the use of such forms: f: prescribing the procedure for the service of notices and other documents for the purposes of this Act: g: prescribing the amounts payable to any lawyer appointed pursuant to section 21 section 41C(3) h: providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration. 2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 80(1)(a) amended 31 October 2003 section 49(1) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 80(1)(b) amended 31 October 2003 section 49(2) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 80(1)(g) amended 31 October 2003 section 49(3) Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 80(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 81: Rules 1: The Governor-General may from time to time, by Order in Council, make rules regulating the practice and procedure of courts in proceedings under this Act. 2: See section 148 section 228 section 16A Section 81(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 82: Amendment to Summary Proceedings Act 1957 Section 82 repealed 15 April 2004 section 50 Criminal Investigations (Bodily Samples) Amendment Act 2003 83: Transitional provision 1: Despite the amendments made to this Act by the Criminal Investigations (Bodily Samples) Amendment Act 2003 a: a suspect request or a databank request to take a blood sample made before the commencement of section 51 b: an application for a suspect compulsion order, juvenile compulsion order, or databank compulsion order to take a blood sample made before the commencement of section 51 2: Leave may be sought to apply for a further databank compulsion order in relation to a databank compulsion order made before the commencement of section 51 Criminal Investigations (Bodily Samples) Amendment Act 2003 3: If leave is sought to apply for a further suspect compulsion order or further juvenile compulsion order in relation to a suspect compulsion order or juvenile compulsion order made before the commencement of section 51 Criminal Investigations (Bodily Samples) Amendment Act 2003 Section 83 added 15 April 2004 section 51 Criminal Investigations (Bodily Samples) Amendment Act 2003 84: Savings The amendments made to this Act by the Criminal Investigations (Bodily Samples) Amendment Act 2003 section 51 Section 84 added 15 April 2004 section 51 Criminal Investigations (Bodily Samples) Amendment Act 2003

DLM368679

1995

Reserves and Other Lands Disposal Act 1995

1: Short Title This Act may be cited as the Reserves and Other Lands Disposal Act 1995. Hauai land claim 2: Oke Bay Scenic Reserve 1: The reservation of the land described in subsection (5) as a reserve under the Reserves Act 1977 2: The land described in subsection (5) is hereby vested in the trustees of the Hauai Trust for an estate in fee simple and, subject to subsection (4) and to section 3 3: The land described in subsection (5) shall be deemed to be Maori freehold land within the meaning of the Maori Land Act 1993 4: Nothing in section 24 section 3 Maori Land Act 1993 5: This section relates to all the piece of land comprising 25.1180 hectares, more or less, being Hauai 2D8 Block, situated in Block XV, Bay of Islands Survey District, and being all the land comprised and described in Gazette New Zealand Gazette 6: For the purpose of this section, foreshore 3: Wahi tapu site 1: Notwithstanding section 2 2: Notwithstanding section 2 3: The wahi tapu site to which this section relates is all that piece of land containing 6800 square metres, more or less, being part Hauai 2D8 Block, situated in Block XV, Bay of Islands Survey District; as shown marked A 4: Felix Farm 1: The vesting in the trustees of the Hauai Trust of the land described in subsection (2) is hereby cancelled and that land is hereby vested in the Crown as Crown land subject to the Land Act 1948 2: This section relates to all the piece of land comprising 28.2000 hectares, more or less, being Allotment 221, Parish of Whangarei, situated in Block VIII, Purua Survey District, and being the balance of the land comprised and described in Register Book 43B/275 (North Auckland Registry) (SO Plan 51857). 5: Revocations 1: The Proclamation by which the land described in section 2(5) Land Act 1948 Gazette 2: The following notices, namely,— a: the notice by which the land described in section 2(5) Land Act 1948 Gazette b: the notice by which the Bay of Islands Maritime and Historic Park Board was, under the Reserves Act 1977 section 2(5) Gazette c: the notice by which the land described in section 2(5) Reserves Act 1977 Gazette are hereby revoked. Ngati Whakaue Education Endowment 6: Ngati Whakaue Education Endowment Trust Board 1: There is hereby established a board to be called the Ngati Whakaue Education Endowment Trust Board. 2: The Board shall be a body corporate with perpetual succession and a common seal, and, subject to section 7 a: full capacity to carry on or undertake any business or activity, do any act, or enter into any transaction; and b: for the purposes of paragraph (a), full rights, powers, and privileges. 3: The board shall consist of the following members: a: 5 members appointed by the Trustees of Pukeroa-Oruawhata: b: 1 member appointed by the Trustees of Pukeroa-Oruawhata who shall be the Chairperson: c: 1 member appointed by the Board d: 1 member appointed by the Board e: 1 member appointed by the Board f: 1 member appointed by the Board g: 1 member appointed by the Board 4: The members of the Board shall from time to time appoint one of their number to be the Deputy Chairperson. Section 6(3)(c) amended 1 August 2020 section 668 Education and Training Act 2020 Section 6(3)(d) amended 1 August 2020 section 668 Education and Training Act 2020 Section 6(3)(e) amended 1 August 2020 section 668 Education and Training Act 2020 Section 6(3)(f) amended 1 August 2020 section 668 Education and Training Act 2020 Section 6(3)(g) amended 1 August 2020 section 668 Education and Training Act 2020 7: Trust property 1: Notwithstanding anything in section 19 of the School Trustees Act 1989 a: the land to which this section relates, together with all assets and liabilities associated with that land that were vested in the Public Trustee immediately before the commencement of this section, is hereby vested in the Ngati Whakaue Education Endowment Trust Board in trust and shall hereafter be known as the Ngati Whakaue Education Endowment: b: the Board has power to lease the land to which this section relates, but shall not sell or otherwise dispose of any part of the land except— i: for the purpose of subdividing the land to make it more suitable for leasing; or ii: for the purpose of providing access or any other purpose ancillary to a subdivision: c: the Board shall not exercise any of its rights, powers, and privileges except for the purposes of performing its functions in relation to the land, assets, and liabilities referred to in paragraph (a): d: the net revenue (after payment of all administration charges) received by the Board from the land to which this section relates shall be applied by the Board for the general purpose of education: e: the vesting of the land, assets, and liabilities referred to in paragraph (a) of this subsection in the Public Trustee pursuant to the said section 19 is hereby revoked. 2: This section relates to all that area in the South Auckland Land District, situated in the District of Rotorua, being Blocks XLIII, XLIV, XLV, XLVI, and XLVII, Town of Rotorua, as more particularly described in the Schedule 8: Term of office of members of Ngati Whakaue Education Endowment Trust Board 1: Subject to subsection (3), every member of the Ngati Whakaue Education Endowment Trust Board shall hold office for such term, not exceeding 3 years, as the appointing body shall specify, and may from time to time be reappointed. 2: Any member of the Board may at any time resign his or her office by writing addressed to the Chairperson or Deputy Chairperson. 3: Unless a member sooner dies, resigns, or is otherwise unable to continue in office, every member of the Board shall continue in office until that member's successor comes into office, notwithstanding that the term for which that member was appointed may have expired. 9: Meetings of Ngati Whakaue Education Endowment Trust Board 1: Meetings of the Ngati Whakaue Education Endowment Trust Board shall be held at such times and places as the Chairperson from time to time appoints. 2: At all meetings of the Board, 5 members shall constitute a quorum and no business shall be transacted unless such a quorum is present. 3: Every question before any meeting of the Board shall be determined by a majority of the members present and voting on the question. 4: At any meeting at which the Chairperson is present, he or she shall have a deliberative vote, and, in the case of an equality of votes, shall also have a casting vote. 5: If the Chairperson is absent from any meeting, the Deputy Chairperson, if present, shall have a deliberative vote, and, in the case of an equality of votes, shall also have a casting vote. 6: If neither the Chairperson nor the Deputy Chairperson is present at any meeting, the members present shall appoint one of their number to be the Chairperson of that meeting and that Chairperson shall have a deliberative vote, and, in the case of an equality of votes, shall also have a casting vote. 7: The powers of the Board shall not be affected by any vacancy in its membership, nor shall the proceedings of the Board be invalidated merely because of the subsequent discovery that some defect existed in the appointment of any member. 8: Subject to the provisions of this section, the Board may regulate its procedure in such manner as it thinks fit. 10: Financial statements must be prepared 1: The Ngati Whakaue Education Endowment Trust Board must ensure that, within 5 months after the end of the financial year, financial statements are— a: completed in relation to the Board and that financial year; and b: dated and signed on behalf of the Board by 2 members of the Board. 2: The financial statements must be prepared in accordance with— a: generally accepted accounting practice if the Ngati Whakaue Education Endowment Trust Board is a specified not-for-profit entity; or b: in any other case, either generally accepted accounting practice or a non-GAAP standard that applies for the purposes of this section. 3: In this section and sections 10A 11 financial statements section 6 Financial Reporting Act 2013 generally accepted accounting practice section 8 Financial Reporting Act 2013 non-GAAP standard section 5 Financial Reporting Act 2013 specified not-for-profit entity section 46 Financial Reporting Act 2013 Section 10 replaced 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013 10A: Financial statements must be audited 1: The Ngati Whakaue Education Endowment Trust Board must ensure that the financial statements of the Board are audited. 2: The Ngati Whakaue Education Endowment Trust Board is a public entity as defined in section 4 Section 10A inserted 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013 11: Annual report 1: The Ngati Whakaue Education Endowment Trust Board must, within 1 month after the receipt of the audit report on the financial statements, provide to the Minister of Education a report of its proceedings and operations for its preceding financial year, a copy of its financial statements for that year, and a copy of the audit report. 2: The Minister must present a copy of the report, of the financial statements, and of the audit report to the House of Representatives— a: not later than 10 working days after the Minister receives those documents; or b: if Parliament is not in session, as soon as possible after the commencement of the next session of Parliament. Section 11 replaced 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013 12: Repeals Amendment(s) incorporated in the Act(s). Entries in registers 13: Entries in registers District Land Registrars and Registrars of the Maori Land Court are hereby authorised and directed to make such entries in their respective registers, and to do such other things, as may be necessary to give full effect to the provisions of this Act.

DLM359346

1995

Land Transfer Amendment Act 1995

1: Short Title This Act may be cited as the Land Transfer Amendment Act 1995, and shall be read together with and deemed part of the Land Transfer Act 1952 2: Application for certificate of title based on possession 1: This subsection added section 3(3) Land Transfer Amendment Act 1963 2: This subsection added section 13(4) Limitation Act 1950 3: The enactment of this Act does not impose on any person any liability for any action, or failure or refusal to act, occurring before the commencement of this Act.

DLM366813

1995

Ministry of Agriculture and Fisheries (Restructuring) Act 1995

1: Short Title and commencement 1: This Act may be cited as the Ministry of Agriculture and Fisheries (Restructuring) Act 1995. 2: This Act shall come into force on 1 July 1995. 2: Interpretation In this Act, unless the context otherwise requires,— agency Ministry of Agriculture and Forestry intellectual property a: includes— i: all property rights constituted by the Patents Act 1953 Designs Act 1953 Trade Marks Act 1953 ii: any trade secret; but b: does not include any property rights constituted by the Copyright Act 1994 responsible chief executive responsible Minister responsible Ministry working day a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and ab: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and b: a day in the period commencing with 20 December in any year and ending with 15 January in the following year. Section 2 agency amended 1 March 1998 section 5(1)(c) Ministries of Agriculture and Forestry (Restructuring) Act 1997 Section 2 working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 2 working day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 1: Restructuring of Ministry of Agriculture and Fisheries Repeal of Ministry of Agriculture and Fisheries Act 1953 3: Abolition of Ministry of Agriculture and Fisheries The Ministry of Agriculture and Fisheries constituted under the Ministry of Agriculture and Fisheries Act 1953 4: Repeals 1: The following enactments are hereby consequentially repealed: a: the Ministry of Agriculture and Fisheries Act 1953 b: the Ministry of Agriculture and Fisheries Amendment Act 1972 c: Amendment(s) incorporated in the Act(s) d: the Ministry of Agriculture and Fisheries Amendment Act 1989 e)–(g: Amendment(s) incorporated in the Act(s) h: the Ministry of Agriculture and Fisheries Amendment Act 1990 i), (j: Amendment(s) incorporated in the Act(s) 2: Without limiting anything in Part 2 a: any amendment made by that enactment to any enactment not referred to in that subsection; or b: any provision in any enactment referred to in that subsection other than a provision amending any other enactment. Section 4(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 5: Enactments amended The enactments specified in the Schedule Savings 6: Savings relating to references and proceedings 1: Unless in any case the context otherwise requires, in any enactment or in any regulations or in any instrument or document,— a: every reference to the Director-General of Agriculture and Fisheries shall be read as a reference to the responsible chief executive: b: every reference to the Ministry of Agriculture and Fisheries shall be read as a reference to the responsible Ministry. 2: All proceedings whatever that, immediately before the commencement of this Act, were pending by or against or which could have been brought by or against or in respect of the Director-General of Agriculture and Fisheries may be carried on, completed, or enforced by or against or in respect of the responsible chief executive. 3: All proceedings whatever that,— a: immediately before the commencement of this Act, were pending by or against or which could have been brought by or against or in respect of any person other than the Minister of Agriculture or the Minister of Fisheries or the Director-General of Agriculture and Fisheries; and b: relate to anything done or omitted to be done by that person in the performance of functions, duties, or powers of the Minister of Agriculture or the Minister of Fisheries or the Director-General of Agriculture and Fisheries, whether as an employee of that Ministry or otherwise,— may be carried on, completed, or enforced by or against or in respect of the responsible Minister or the responsible chief executive or such other person as the Attorney-General may certify for the purposes of this section. 7: Saving of existing appointment 1: The person who, immediately before the date of commencement of this Act, held office as the Director-General of Agriculture and Fisheries shall be deemed to have been appointed under the State Sector Act 1988 2: The term of office of the person deemed by subsection (1) to have been appointed to the office of chief executive of the Ministry of Agriculture shall expire on the date on which, but for the passing of this Act, his or her term would have expired under the employment contract applying to him or her. 8: Savings relating to brands, stamps, marks, etc Notwithstanding anything in the Flags, Emblems, and Names Protection Act 1981 a: shall continue to have effect in relation to anything done before that date; and b: may continue to be used, and shall have effect, for the purposes of the functions, duties, and powers of the responsible Minister, the responsible chief executive, or the responsible Ministry. Transfer of employees from Ministry of Agriculture and Fisheries 9: Transfer of employees 1: Notwithstanding anything in section 61A 2: No employee shall be deemed by subsection (1) to have been transferred to an agency other than the Ministry of Agriculture unless the chief executive (or chief executive designate) of that other agency agreed, subject to the provisions referred to in subsection (3), to the transfer of the employee to that other agency. 3: The transfer of any employee by this section is subject to the provisions (if any) of the employment contract applying to that employee immediately before the date of commencement of this Act relating to the transfer of employees. 10: Protection of conditions of employment upon transfer 1: If any employee of the Ministry of Agriculture and Fisheries is deemed by section 9 2: Without limiting the generality of subsection (1), if any rights and obligations of an employee under a contract of service arise by virtue of a collective employment contract and such rights and obligations are transferred to another agency by virtue of section 9 3: Subsections (1) and (2) shall continue to apply to the terms and conditions of employment of each transferred employee until such time as any of the terms and conditions of employment that apply under the employment contract applying to that employee at the date of the transfer are varied by agreement between the employee and the agency to which the employee has transferred. 4: The terms and conditions of employment of each transferred employee shall, from the date of any such variation, be determined in accordance with the employment contract applying to that employee in the agency in which the transferred employee is then employed. 5: Nothing in subsection (1) shall continue to apply to any transferred employee who receives any subsequent appointment within the agency to which that employee was transferred. 11: Employment of transferred employee deemed to be continuous 1: Every employee of the Ministry of Agriculture and Fisheries who is deemed by section 9 2: Except as otherwise provided in any employment contract, no employee of the Ministry of Agriculture and Fisheries who is deemed by section 9 12: Membership of Government Superannuation Fund Every person who, immediately before becoming an employee of an agency by virtue of section 9 Government Superannuation Fund Act 1956 2: Administrative provisions Contracting out Heading repealed 1 October 2001 section 314(2)(v) Fisheries Act 1996 13: Contracting out Section 13 repealed 1 October 2001 section 314(2)(v) Fisheries Act 1996 Intellectual property 14: Intellectual property 1: Notwithstanding anything in any other enactment, any intellectual property, data, or research devised or developed on or after the commencement of this Act by an employee of the Ministry of Agriculture and Fisheries who becomes an employee of the Ministry of Agriculture or the Ministry of Fisheries on the commencement of this Act belongs to the Crown (which shall be deemed to be the assignee of the employee in respect of the property) if— a: it was devised or developed in the course of the duties of the employee, whether or not the intellectual property might reasonably be expected to result; or b: it was devised or developed wholly or principally by or through the use of resources provided by the Crown;— but any other intellectual property, data, or research devised or developed by an employee of the Ministry shall, as between the employee and the Crown (as the employee's ultimate employer), belong to the employee. 2: There may be paid to any such employee who devises or develops any intellectual property, data, or research that belongs to the Crown any amount by way of bonus or grant appropriate in the circumstances. 3: Any intellectual property, data, or research belonging to the Crown under this section may be made available for use (whether by way of assignment or licence or otherwise) on any conditions (including the payment of royalties or other money) agreed from time to time by the responsible Minister. 4: If intellectual property, data, or research belonging to the Crown under this section was devised or developed wholly or partly through the use of resources other than public money or public stores (as defined in section 2(1) of the Public Finance Act 1977 5: Subsection (4) does not prevent the responsible Minister using any property in order to carry out his or her functions. 6: Subsection (4) does not limit the generality of subsection (3). Miscellaneous provisions 15: Appointment of Inspectors 1: 2: Every employee of the Ministry of Agriculture and Fisheries who,— a: immediately before the date of commencement of this Act, was an Inspector under any enactment administered by that Ministry that is to be administered by the Ministry of Agriculture on that date; and b: becomes an employee of the Ministry of Agriculture on that date,— shall continue to be an Inspector under that enactment until the employee ceases his or her employment in the Ministry or the appointment is sooner revoked. 3: In addition to the powers and authorities exercisable by the Inspector under any such enactment, every employee of the Ministry of Agriculture and Forestry section 48 of the Customs Act 1966 Section 15(1) repealed 1 October 1996 section 316(1) Fisheries Act 1996 Section 15(3) amended 1 March 1998 section 5(1)(c) Ministries of Agriculture and Forestry (Restructuring) Act 1997 16: Employees to act under direction of chief executive 1: All inspectors, registrars, officers, and Ministry of Agriculture and Forestry 2: The responsible chief executive shall have full power and authority to exercise and perform any power or function which is conferred on the Director of any division of the Ministry by any enactment administered by that Ministry. Section 16(1) amended 1 March 1998 section 5(1)(c) Ministries of Agriculture and Forestry (Restructuring) Act 1997 Section 16(1) amended 1 October 1996 section 316(1) Fisheries Act 1996 17: Delegation of all chief executive's powers under any enactment If the chief executive of the Ministry of Agriculture and Forestry functions or functions or the Section 17 amended 1 March 1998 section 5(1)(c) Ministries of Agriculture and Forestry (Restructuring) Act 1997 Section 17 amended 1 October 1996 section 316(1) Fisheries Act 1996 18: Failure to pay statutory fees, etc Section 18 repealed 20 April 2010 section 4 Ministry of Agriculture and Fisheries (Restructuring) Amendment Act 2010 19: Ministry to deduct costs of collecting levies Section 19 repealed 20 April 2010 section 5 Ministry of Agriculture and Fisheries (Restructuring) Amendment Act 2010 20: Regulations 1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: a: obtaining any information or particulars that may be required for the effective performance of the functions and duties of any responsible Minister or chief executive under this Act: b: c: d: providing for such matters as may be contemplated by or necessary for giving full effect to this Act and for its administration. 2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 20(1)(b) repealed 1 October 1996 section 316(1) Fisheries Act 1996 Section 20(1)(c) expired 1 July 1996 section 20A Section 20(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 20A: Expiry of section 20(c) Section 20(c) Section 20A inserted 1 July 1995 section 316(1) Fisheries Act 1996 21: Advisory and technical committees 1: The Minister of Agriculture and the Minister of Fisheries each have power to appoint from time to time advisory or technical committees, and to define the functions of any such committee. 2: If the responsible Minister so directs, there may be paid out of money appropriated by Parliament for the purpose to the members of any such committee remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951 22: Transfer of southern scallop quota 1: 2: 3: Te Ohu Kai Moana Trustee Limited Te Ohu Kai Moana Trustee Limited Part 5 3A: However, as soon as reasonably practicable after Te Ohu Kai Moana Trustee Limited has recognised the mandated iwi organisation of Ngati Toa Rangatira under section 13(1) section 27 3B: Except as provided for in subsection (3A), the provisions of the Maori Fisheries Act 2004 3C: To avoid doubt, the quota referred to in subsection (3) is not quota that is included in the existing undertaking as defined in section 189 4: Section 74 4A: In this section,— mandated iwi organisation section 5 recognised iwi organisation section 5 Te Ohu Kai Moana Trustee Limited section 5 Section 22(1) repealed 29 November 2004 section 214 Maori Fisheries Act 2004 Section 22(2) repealed 29 November 2004 section 214 Maori Fisheries Act 2004 Section 22(3) amended 29 November 2004 section 214 Maori Fisheries Act 2004 Section 22(3A) inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 22(3B) inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 22(3C) inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 22(4) substituted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 22(4A) added 29 November 2004 section 214 Maori Fisheries Act 2004

DLM365015

1995

International War Crimes Tribunals Act 1995

1: Short Title This Act may be cited as the International War Crimes Tribunals Act 1995. 2: Interpretation In this Act, unless the context otherwise requires,— forfeiture order a: an order made by a Tribunal, under the Statute of the Tribunal or under rules adopted under the Statute of the Tribunal, for forfeiture of tainted property; or b: a declaration made by a Tribunal, under the Statute of the Tribunal or under the rules adopted under the Statute of the Tribunal, evidencing forfeiture of tainted property under that Statute or those rules High Court Judge offence prison section 3(1) prisoner legal custody under the Corrections Act 2004 property Statute of the Tribunal surrender warrant section 14 tainted property Tribunal a: the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, established by Resolution 827 (1993) of the Security Council of the United Nations; or b: the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan citizens responsible for genocide and other such violations committed in the territory of neighbouring States, between 1 January 1994 and 31 December 1994, established by Resolution 955 (1994) of the Security Council of the United Nations; or c: any other tribunal that the Governor-General by Order in Council declares under section 61 d: any of the organs of a particular tribunal referred to in the statute of that tribunal Tribunal offence Section 2 penal institution repealed 1 June 2005 section 206 Corrections Act 2004 Section 2 prison inserted 1 June 2005 section 206 Corrections Act 2004 Section 2 prisoner amended 1 June 2005 section 206 Corrections Act 2004 3: Act to bind the Crown This Act binds the Crown. 1: Request by a Tribunal for assistance 4: Tribunal may request assistance 1: Where a Tribunal needs the assistance of New Zealand in order to— a: perform its functions in respect of an investigation or prosecution it is conducting or proposing to conduct; or b: give effect to an order issued by the Tribunal,— the Tribunal may make a request for assistance. 2: Any request under subsection (1) shall be made to the Attorney-General or a person authorised by the Attorney-General. 3: Without limiting the generality of subsection (1), a Tribunal may make a request for assistance of any 1 or more of the following types: a: arresting and surrendering to the Tribunal a person in relation to whom the Tribunal has issued an arrest warrant: b: executing a request for search and seizure: c: obtaining evidence or a document or other article: d: providing a document or other record: e: locating and identifying a witness or suspect: f: arranging for a person to give evidence or assist an investigation: g: causing the forfeiture of tainted property: h: serving documents: i: arranging for the Tribunal to sit in New Zealand. 5: Form of requests 1: A request from a Tribunal under section 4 a: the nature of the investigation or prosecution in respect of which the request is made; and b: in a certificate from the Tribunal, that the request is in respect of an investigation or prosecution relating to a Tribunal offence; and c: the legal basis on which the Tribunal relies for conducting the investigation or prosecution; and d: the nature of the assistance sought by the Tribunal; and e: the facts and law relevant to the investigation or prosecution (in addition to the statement required by paragraph (c)); and f: the procedure (if any) that the Tribunal wishes the Attorney-General to follow in complying with the request, including the form in which material shall be given to the Tribunal; and g: the period within which the Tribunal wishes the request to be complied with; and h: any confidentiality requirements that the Tribunal considers should be observed; and i: any other matters that the Tribunal considers may assist the Attorney-General in complying with the request; and j: any other matters that the Attorney-General has previously notified the Tribunal will assist the Attorney-General in complying with the request,— shall be received and dealt with in accordance with this Act. 2: A request for assistance shall not be invalid by reason only of the fact that it does not comply with the requirements of subsection (1). 2: Arrest and surrender of person to a Tribunal Arrest of persons 6: Notice by Attorney-General 1: Where— a: the Attorney-General receives from a Tribunal a request for the surrender of a person; and b: the request is accompanied by an arrest warrant in relation to the person that was issued by the Tribunal, or by a copy of that warrant authenticated by the Tribunal,— the Attorney-General shall, by notice in writing, directed to any Judge, state that the request has been received. 2: Where any notice is sent to a Judge under subsection (1), a copy of— a: the arrest warrant referred to in subsection (1)(b); and b: the request made under section 4 shall also be sent to the Judge. 7: Issue of warrants 1: The Judge to whom a notice is sent under section 6 2: When the Judge has considered whether or not to issue a warrant in accordance with this section, the Judge shall send to the Attorney-General written notice of his or her decision. 8: Cancellation of warrant 1: Where the Attorney-General is satisfied that there are special circumstances that make it unjust or otherwise inappropriate for a warrant issued under section 7 2: Where the Attorney-General orders the cancellation of a warrant under subsection (1) the warrant shall cease to have effect and any person arrested under the warrant shall be released, unless the person is otherwise liable to be detained in custody. 1965 No 44 s 7(3), (4) 9: Remand 1: A person who is arrested under a warrant issued under section 7 section 8 2: Subject to subsection (3), the Judge shall remand the person in custody or on bail for such period or periods as may be necessary to enable the Attorney-General to make a surrender determination under section 12 3: Where any person is remanded in custody or on bail under this section, the provisions of sections 167 to 169 sections 28 30 to 32 34 35 37 to 39 of the Bail Act 2000 Section 9(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 9(3) amended 1 January 2001 section 74(2) Bail Act 2000 10: Release from remand at direction of Attorney-General 1: Where a person has been remanded under section 9 2: Where the Attorney-General makes an order under subsection (1) in relation to a person who has been remanded in custody, a copy of the notice shall be sent to the prison manager prison 3: Where the Attorney-General makes an order under subsection (1) in relation to a person who has been remanded on bail, a copy of the notice shall be sent to the Registrar of the court at which the person was released on bail. Section 10(2) amended 1 June 2005 section 206 Corrections Act 2004 11: Application for search warrant Where— a: a person is arrested under a warrant issued under section 7 b: a constable who is of or above the level of position of inspector the constable an issuing officer section 48 Section 11 amended 1 October 2012 section 267(2) Search and Surveillance Act 2012 Section 11 amended 1 October 2008 section 116(b) Policing Act 2008 Section 11(b) amended 1 October 2008 section 116(b) Policing Act 2008 Surrender of persons 12: Surrender determination by Attorney-General 1: Subject to subsection (2), the Attorney-General shall determine whether a person remanded under sections 6 to 11 2: Unless the Attorney-General is satisfied that there are special circumstances that would make it unjust or otherwise inappropriate to surrender the person, the Attorney-General shall determine that the person is to be surrendered to the Tribunal. 3: The determination shall be made as soon as is reasonably practicable, having regard to the circumstances, after the person is first remanded under section 9 4: Notwithstanding subsection (3), every determination required to be made under this section shall be made within 6 months of the date on which the person was first remanded under section 9 13: Release from remand on refusal to surrender person 1: Where the Attorney-General has determined not to surrender the person to the Tribunal, the Attorney-General shall, by notice in writing, order, as the case may require,— a: the release of the person from custody; or b: the discharge of the recognisances on which bail was granted to the person. 2: Where the Attorney-General makes an order under subsection (1) in relation to a person who has been remanded in custody, a copy of the notice shall be sent to the prison manager prison 3: Where the Attorney-General makes an order under subsection (1) in relation to a person who has been remanded on bail, a copy of the notice shall be sent to the Registrar of the court at which the person was released on bail. Section 13(2) amended 1  June 2005 section 206 Corrections Act 2004 14: Surrender warrant 1: Subject to section 15 2: The surrender warrant shall be in writing in the prescribed form. 15: Persons imprisoned under New Zealand law 1: The Attorney-General shall not issue a surrender warrant if— a: the person is serving a sentence of imprisonment b: the Tribunal has been required to give adequate undertakings to the Attorney-General relating to— i: the person's return to New Zealand to serve the remainder of the sentence once the person is no longer required to be detained by, or on the order of, the Tribunal; and ii: the person's custody while travelling, and while in other countries, for the Tribunal's purposes; and c: the Attorney-General is not satisfied that the Tribunal has given adequate undertakings relating to those matters. 2: For the purposes of this section, the person is not taken to be serving a sentence of imprisonment Section 15(1)(a) amended 30 June 2002 section 186 Sentencing Act 2002 Section 15(2) amended 30 June 2002 section 186 Sentencing Act 2002 16: Detention following surrender warrant 1: Where the Attorney-General issues a surrender warrant under section 14 2: Where the Attorney-General issues a surrender warrant under section 14 constable 3: The Judge shall order the committal of the person to a prison 1965 No 44 s 10(1) Section 16(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 16(3) amended 1 June 2005 section 206 Corrections Act 2004 17: Content of surrender warrant 1: A surrender warrant in relation to a person (in this section referred to as the eligible person a: require the person in whose custody the eligible person is being held to release the eligible person into the custody of a constable b: authorise the constable i: to be placed in the custody of a specified person who is an officer of the Tribunal or other person authorised by the Tribunal; and ii: to be transported to a place specified by the Tribunal; and c: authorise the specified person to transport the eligible person in custody to a place specified by the Tribunal for the purpose of surrendering the eligible person to a person appointed by the Tribunal to receive the person. 2: A place referred to in subsection (1)(b) or (c) may be a place in or outside New Zealand. Section 17(1)(a) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 17(1)(b) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 18: Release from remand 1: This section applies to a person— a: in relation to whom a surrender warrant has been issued; and b: who is in custody in New Zealand under the warrant, or otherwise under this Act, more than 2 months after the day on which the warrant was first liable to be executed. 2: Subject to subsection (3), the High Court shall order that a person to whom this section applies be released from that custody if— a: the person has made an application to the High Court to be released; and b: reasonable notice of the intention to apply to the High Court was given by the person to the Attorney-General. 3: The High Court shall not order that the person be released from custody if it is satisfied that the surrender warrant has not been executed within the period of 2 months, or since the person last made an application under subsection (2), as the case may be,— a: because to do so would have been dangerous to the person's life or prejudicial to the person's health; or b: for any other reasonable cause. 19: Effect of surrender on prisoner's sentence 1: Subject to subsection (2), where a person who is serving a sentence in respect of an offence against the law of New Zealand is surrendered to a Tribunal under this Part, the person shall, while he or she is in the custody of, or on the order of, the Tribunal (including custody outside New Zealand), be deemed to be continuing to serve that sentence. 2: If the person is convicted of a Tribunal offence, time spent by the person in custody serving a sentence of imprisonment imposed by the Tribunal for the Tribunal offence is not to be counted as time towards the sentence referred to in subsection (1). 20: Expiry of New Zealand sentences while under Tribunal detention If— a: at the time a person was surrendered to a Tribunal under this Part, the person was serving a sentence of imprisonment b: the sentence of imprisonment the Attorney-General must without delay inform the Tribunal of the expiry, and, if the Tribunal was required to give undertakings in accordance with section 15(1)(b) Section 20(a) amended 30 June 2002 section 186 Sentencing Act 2002 Section 20(b) amended 30 June 2002 section 186 Sentencing Act 2002 3: Other forms of assistance to a Tribunal Taking evidence, etc 21: Attorney-General may authorise taking of evidence 1: This section applies where a Tribunal makes a request to the Attorney-General— a: for evidence to be taken in New Zealand; or b: for documents or other articles in New Zealand to be produced— for the purposes of a proceeding before, or an investigation conducted by, the Tribunal. 2: Subject to section 57 a: that the request relates to a Tribunal offence; and b: that there are reasonable grounds for believing that the evidence can be taken or, as the case may be, the documents or other articles can be produced in New Zealand,— the Attorney-General may authorise, in writing, assistance in accordance with section 22 section 23 1992 No 86 s 31(2) 22: Taking of evidence 1: Where the Attorney-General authorises the taking of evidence under section 21 2: The Judge who takes evidence in accordance with subsection (1), shall— a: cause the evidence to be put in writing; and b: certify that the evidence was taken by the Judge; and c: cause the writing so certified to be sent to the Attorney-General. 23: Producing documents or other articles 1: Where the Attorney-General authorises the production of documents or other articles, that production shall be required by the order of a Judge. 2: Subject to subsection (3), if the documents or other articles are produced, the Judge shall send them to the Attorney-General together with a written statement certifying that they were produced to the Judge. 3: In the case of documents, the Judge may send to the Attorney-General copies of the documents certified by the Judge to be true copies. 24: Legal representation The Judge conducting a proceeding under section 22 section 23 a: the person to whom the proceeding before, or investigation conducted by, the Tribunal relates; and b: any other person giving evidence or producing documents or other articles at the proceeding before the Judge; and c: the Tribunal— to have legal representation at the proceeding before the Judge. 25: Form of certificate A certificate by a Judge under section 22(2) section 23(2) a: the person to whom the proceeding before, or the investigation conducted by, the Tribunal relates, or that person's legal representative (if any): b: any other person giving evidence or producing documents or other articles, or that person's legal representative (if any). 26: Compellability of persons to attend 1: Subject to subsections (2) and (3), the law of New Zealand with respect to compelling persons— a: to attend before a Judge; and b: to give evidence, answer questions, and produce documents or other articles— on the hearing of a charge against a person for an offence against the law of New Zealand shall apply, with necessary modifications, with respect to compelling persons for the purposes of sections 22 23 2: For the purposes of sections 22 23 3: No person who is required, pursuant to section 22 section 23 4: A person who is required, pursuant to section 22 section 23 1992 No 86 s 33(2), (4) 27: Tribunal immunity certificates 1: In this section, Tribunal immunity certificate a: is given or made by a Tribunal under the Statute of the Tribunal or under the rules adopted under the Statute of the Tribunal; and b: specifies or declares that, under the Statute of the Tribunal or under the rules adopted under the Statute of the Tribunal, persons generally or a specified person could or could not— i: either generally or in specified proceedings; and ii: either generally or in specified circumstances— be required to answer a specified question or to produce a specified document. 2: A Tribunal immunity certificate, duly authenticated in accordance with subsection (3), is admissible in proceedings for the purposes of the application of section 26(3) 3: A certificate is duly authenticated for the purposes of subsection (2) if it purports to be signed or certified by a Judge, Registrar, or officer of the Tribunal. 28: Powers of Judge may be exercised by Registrar 1: Any Judge may authorise a Registrar of the High Court to exercise the powers of a Judge under section 22 section 23 2: Any authorisation given under subsection (1) may be revoked at any time by any Judge. 3: Where any matter in respect of which a Registrar has jurisdiction under any authorisation given under subsection (1) appears to the Registrar to be one of special difficulty, he or she may refer the matter to a Judge, who may dispose of the matter or may refer it back to the Registrar with such directions as the Judge thinks fit. 4: Nothing in this section shall prevent the exercise, by any Judge, of any jurisdiction or powers conferred on any Registrar under this section. 1992 No 86 s 35 Search and seizure 29: Attorney-General may authorise application for search warrant Subject to section 57 a: a Tribunal makes a request to the Attorney-General to assist in obtaining by search and seizure any thing that is relevant to a Tribunal offence; and b: the Attorney-General is satisfied that there are reasonable grounds for believing that the thing is located in New Zealand,— the Attorney-General may, in writing, authorise a constable an issuing officer section 48 constable Section 29 amended 1 October 2012 section 267(3) Search and Surveillance Act 2012 Section 29 amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Giving evidence at hearings, or assisting in investigations, in foreign countries 30: Person other than offender giving evidence or assisting 1: This section applies where— a: a Tribunal makes a request to the Attorney-General for the attendance of a person— i: at a hearing in a foreign country in connection with a proceeding before the Tribunal; or ii: in a foreign country to assist an investigation being conducted by the Tribunal; and b: the person is in New Zealand and is not a person described in section 31(1)(b) 2: Where, on receipt of a request to which this section applies, the Attorney-General is satisfied— a: that the proceeding or investigation relates to a Tribunal offence; and b: that there are reasonable grounds to believe that the person can give evidence relevant to the proceeding or assist the investigation; and c: that the person has freely consented to giving evidence or assisting in the foreign country; and d: that the Tribunal has given, to the extent, if any, required by the Attorney-General, an adequate undertaking in respect of the matters specified in section 33 the Attorney-General may, subject to section 57 31: Offender giving evidence or assisting 1: This section applies where— a: a Tribunal has made a request to the Attorney-General for the attendance of a person— i: at a hearing in a foreign country in connection with a proceeding before the Tribunal; or ii: in a foreign country to assist an investigation being conducted by the Tribunal; and b: the person is in New Zealand and is— i: a prisoner; or ii: on parole, home detention, or compassionate release, or is subject to release conditions, under Part 1 iia: subject to a sentence of home detention imposed under section 80A iii: iv: at large pursuant to section 62 v: subject to a community-based sentence (within the meaning of section 4(1) 2: Where, on receipt of a request to which subsection (1) applies, the Attorney-General is satisfied— a: that the proceeding or investigation relates to a Tribunal offence; and b: that there are reasonable grounds to believe that the person can give evidence relevant to the proceeding or assist the investigation; and c: that the person has freely consented to giving evidence or assisting in the foreign country; and d: that the Tribunal has given, to the extent, if any, required by the Attorney-General, adequate undertakings in respect of the matters referred to in section 33 the Attorney-General may, subject to section 57 3: Where travel by a person to a foreign country is authorised in accordance with subsection (2), the Attorney-General may,— a: in the case of a person who is a prisoner, direct that the prisoner be released from the prison constable b: in the case of any other person to which this section applies, approve and arrange the travel of the person to the foreign country to give evidence at the hearing, and may obtain such approvals, authorities, and permissions as are required for the purpose, including the variation, discharge, or suspension of the conditions of the person's release, or the variation, cancellation, or suspension of the person's sentence, or of the conditions of the person's sentence. 4: A direction given, pursuant to subsection (3)(a), by the Attorney-General in respect of a prisoner shall be sufficient authority for the release of the prisoner from the prison 5: Every person released under a direction given pursuant to subsection (3)(a) shall, while that person is in New Zealand during the period of that release, be deemed, for the purposes of section 120 in legal custody for the time being under the Corrections Act 2004 1992 No 86 s 38 Section 31(1)(b)(ii) substituted 30 June 2002 section 125 Parole Act 2002 Section 31(1)(b)(iia) inserted 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 31(1)(b)(iii) repealed 30 June 2002 section 125 Parole Act 2002 Section 31(1)(b)(iv) amended 1 June 2005 section 206 Corrections Act 2004 Section 31(1)(b)(v) amended 30 June 2002 section 186 Sentencing Act 2002 Section 31(3)(a) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 31(3)(a) amended 1 June 2005 section 206 Corrections Act 2004 Section 31(4) amended 1 June 2005 section 206 Corrections Act 2004 Section 31(5) amended 1 June 2005 section 206 Corrections Act 2004 32: Effect of removal to foreign country on prisoner's sentence Where a prisoner who is serving a sentence for an offence against the law of New Zealand is released from a New Zealand prison section 31 1992 No 86 s 41 Section 32 amended 1 June 2005 section 206 Corrections Act 2004 33: Undertakings relating to persons giving evidence or assisting 1: Where a Tribunal makes a request to the Attorney-General for the attendance of a person to whom section 31 section 30 a: that the person will only be required to give evidence or assistance in relation to the Tribunal offence specified in the request; and b: that any evidence given by the person will not be used in any proceeding other than the proceeding to which the Tribunal offence relates; and c: that the person will be returned to New Zealand as soon as practicable in accordance with arrangements agreed to by the Attorney-General. 2: In a case where the request relates to a person who is a prisoner, and the Attorney-General requests the Tribunal to make arrangements for the keeping of the prisoner in custody while the prisoner is in the foreign country, the Tribunal shall also give, to the extent, if any, required by the Attorney-General, the following undertakings: a: that appropriate arrangements will be made for that purpose: b: that the prisoner will not be released from custody in the foreign country without the prior approval of the Attorney-General: c: that if the prisoner is released in accordance with paragraph (b), the prisoner's accommodation and expenses will be paid for by the Tribunal until the Tribunal decides that the person is no longer required to give evidence in the proceeding, or to assist the investigation, to which the request relates. Custody of persons in transit 34: Transit 1: Where a person is to be transported in custody from a foreign country through New Zealand to another foreign country for the purpose of— a: giving evidence in a proceeding before a Tribunal; or b: giving assistance in relation to an investigation being conducted by a Tribunal; or c: being surrendered to a Tribunal,— that person may be transported through New Zealand in the custody of another person. 2: Where an aircraft or ship by which the person is being transported lands or calls at a place in New Zealand, the person must be kept in such custody as the Attorney-General may direct in writing until the person's transportation is continued. 3: Where— a: a person is being held in custody pursuant to a direction under subsection (2); and b: the person's transportation is not, in the Attorney-General's opinion, continued within a reasonable time,— the Attorney-General may direct that the person be transported in custody to the foreign country from which the person was first transported, and such a direction shall be sufficient authority for that person's removal from New Zealand by such means as the Attorney-General directs. 4: For the purposes of enabling the grant of a limited visa under the Immigration Act 2009 5: The Attorney-General may, at any time by notice in writing, cancel any certificate issued under subsection (4) in respect of any person who is in New Zealand for the purposes of being transported through New Zealand pursuant to this section if the Attorney-General is satisfied that that person's presence in New Zealand is no longer necessary for that purpose. 1992 No 86 s 42(5), (6) Section 34(4) amended 29 November 2010 section 406(1) Immigration Act 2009 Assistance in serving documents 35: Service of process 1: Subject to section 57 a: a Tribunal requests the Attorney-General to arrange for service in New Zealand of a process relating to a proceeding before, or an investigation conducted by, the Tribunal in respect of a Tribunal offence; and b: the Attorney-General is satisfied— i: that the request relates to a Tribunal offence; and ii: that there are reasonable grounds for believing that the person to be served is located in New Zealand,— the Attorney-General may authorise service of the process. 2: Where service is authorised under subsection (1), the Attorney-General shall direct the appropriate authority to arrange service, and in such a case the authority shall— a: use its best endeavours to have the process served— i: in accordance with procedures proposed in the request; or ii: if those procedures would be unlawful or inappropriate in New Zealand, or if no procedures are so proposed, in accordance with the law of New Zealand; and b: if the document— i: is served, transmit to the Attorney-General for transmission to the Tribunal a certificate as to service; or ii: is not served, transmit to the Attorney-General for transmission to the Tribunal a statement of the reasons that prevented the service. 1992 No 86 s 51(3) 4: Sittings of a Tribunal in New Zealand 36: Tribunal sittings in New Zealand 1: A Tribunal may sit in New Zealand for the purpose of performing its functions. 2: Without limiting the generality of subsection (1), a Tribunal may sit in New Zealand for the purpose of— a: taking evidence; or b: conducting or continuing a proceeding before the Tribunal; or c: giving judgment in a proceeding before the Tribunal. 37: Tribunal's powers while sitting in New Zealand While a Tribunal is sitting in New Zealand, it may exercise such powers that the Tribunal may exercise under the Statute of the Tribunal, and under any rules of procedure and evidence adopted pursuant to the Statute of the Tribunal and for the time being in force. 38: Tribunal may administer oaths in New Zealand 1: A Tribunal may at any sitting of the Tribunal in New Zealand administer an oath or affirmation in accordance with the practice and procedure of the Tribunal. 2: Evidence given by a person on oath or affirmation administered by the Tribunal under subsection (1) shall, for the purposes of section 108 1908 No 89 s 56M 1990 No 44 s 3 39: Orders made by Tribunal not subject to review No application for review under the Judicial Review Procedure Act 2016 1908 No 89 s 56N 1990 No 44 s 3 Section 39 amended 1 March 2017 section 24 Judicial Review Procedure Act 2016 40: Contempt of Tribunal 1: Every person commits an offence who, at any sitting of a Tribunal in New Zealand,— a: assaults, threatens, intimidates, or wilfully insults— i: a Judge of the Tribunal; or ii: the Prosecutor of the Tribunal; or iii: the Registrar or any other officer of the Tribunal; or iv: a person appearing as a barrister or solicitor, or both, before the Tribunal; or v: a witness in proceedings before the Tribunal; or b: wilfully interrupts or obstructs the proceedings. 2: Every person commits an offence who, wilfully and without lawful excuse, disobeys any order or direction of a Tribunal made or given in the course of its proceedings. 3: Every person who commits an offence against this section is liable on conviction 1908 No 89 s 56O 1990 No 44 s 3 Section 40(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 5: Forfeiture of proceeds of Tribunal offences 41: Requests for enforcement of forfeiture orders 1: Subject to section 57 a: a Tribunal requests the Attorney-General to make arrangements for the enforcement of a forfeiture order made in relation to property that is believed to be in New Zealand; and b: the Attorney-General is satisfied that a person has been convicted by the Tribunal of the Tribunal offence to which the order relates; and c: the Attorney-General is satisfied that the conviction and the order are not subject to further appeal in the Tribunal,— the Attorney-General may, in writing, authorise the Solicitor-General to apply for the registration of the order in a specified court. 2: The court specified shall be the office of the High Court that is closest to the place in which the property is believed to be located, or, where the location of the property is not known, any office of the High Court. 42: Registration of order 1: Where the Solicitor-General applies to the High Court for the registration of an order in accordance with section 41 2: An order, or an amendment of an order, shall be registered in the High Court by the registration, in accordance with the prescribed procedure, of— a: a copy of the appropriate order or amendment sealed by the court or other authority making that order or amendment; or b: a copy of that order or amendment duly authenticated in accordance with subsection (3). 3: A document is duly authenticated for the purposes of subsection (2) if it purports to be signed or certified by a Judge, Registrar, or officer of the Tribunal that made the order or amendment. 4: Where the High Court registers an order in accordance with this section, the court shall direct the Solicitor-General— a: to give notice of the registration, in the manner and within the time the court considers appropriate, to specified persons (other than a person convicted of an offence in respect of which the order was made) that the court has reason to believe may have an interest in the property; or b: to publish notice of the registration in the manner and within the time the court considers appropriate. 1992 No 86 ss 56(1) 63(2) 43: Effect of registration of order Subject to sections 44 to 47 section 42 Criminal Proceeds (Recovery) Act 2009 Section 43 substituted 1 December 2009 section 203 Criminal Proceeds (Recovery) Act 2009 44: Registered forfeiture orders Where a forfeiture order against property is registered in accordance with section 42 a: subpart 3 b: the property may be disposed of, or otherwise dealt with, in accordance with any direction of the Attorney-General or of a person authorised in writing by the Attorney-General for the purposes of this paragraph; and c: if for any reason the Attorney-General decides not to direct that the property be transferred to a person or persons in accordance with the request from the Tribunal that made the order, the Attorney-General shall arrange for the property to be transferred to the person in whom it was vested immediately before the forfeiture order was made. 1991 No 120 s 23A(a) 1992 No 87 s 4 Section 44(a) substituted 1 December 2009 section 204 Criminal Proceeds (Recovery) Act 2009 45: Third parties may apply for relief 1: Where a forfeiture order against property is registered in accordance with section 42 section 46 2: A person on whom notice of the hearing of the Tribunal held in connection with the making of the forfeiture order was served, or who appeared at the hearing, may not apply under subsection (1) except with the leave of the court. 3: The court shall not grant leave under subsection (2) unless there are special reasons for doing so. 4: Without limiting the generality of subsection (3), the court may grant leave under subsection (2) if it is satisfied— a: that the applicant had good reason for failing to attend the hearing held by the Tribunal in connection with the making of the forfeiture order; or b: that evidence proposed to be adduced by the applicant in connection with the application under subsection (1) was not reasonably available to the applicant at the time of that hearing. 5: Subject to subsection (6), an application under subsection (1) shall be made before the expiry of the period of 2 months beginning on the date on which the forfeiture order is registered in the court. 6: The court may grant a person leave to apply under subsection (1) outside the period referred to in subsection (5) if the court is satisfied that the person's failure to apply within that period was not due to any neglect on the person's part. 7: A person who makes an application under subsection (1) shall serve notice of the application on the Solicitor-General, who shall be a party to any proceedings on the application. 1991 No 120 s 23C 1992 No 87 s 4 46: Court may grant relief to third party 1: Where— a: a person applies to the court under section 45 b: the court is satisfied that the applicant's claim to that interest is valid,— the court shall, subject to subsection (2), make an order— c: declaring the nature, extent, and value of the applicant's interest in the property; and d: either— i: directing the Crown to transfer the interest to the applicant; or ii: declaring that there is payable by the Crown to the applicant an amount equal to the value of the interest declared by the court. 2: The court may refuse to make an order under subsection (1) if it is satisfied that— a: the applicant was, in any respect, involved in the commission of the offence in respect of which the forfeiture order was made; or b: if the applicant acquired the interest at the time of or after the commission of the offence, the applicant did not acquire the interest in the property in good faith and for value, without knowing or having reason to believe that the property was, at the time of the acquisition, tainted property,— but nothing in this subsection shall be taken to require such a refusal. 1991 No 120 s 23D 1992 No 87 s 4 47: Cancellation of registration of forfeiture order 1: Where a forfeiture order has been registered in accordance with section 42 2: Without limiting the generality of subsection (1), the Attorney-General may give a direction under that subsection in relation to an order if the Attorney-General is satisfied— a: that the order has, since its registration in New Zealand, ceased to have effect; or b: that the order was registered in contravention of section 42 3: Where, in accordance with a direction given under subsection (1), the Solicitor-General applies to the High Court for cancellation of the registration of an order, the court shall cancel the registration accordingly. 4: Where, pursuant to the Criminal Proceeds (Recovery) Act 2009 section 42 Section 47(4) amended 1 December 2009 section 205 Criminal Proceeds (Recovery) Act 2009 6: Search, seizure, and powers of arrest Search warrants 48: Issue of search warrants 1: Any issuing officer (within the meaning of section 3 subpart 3 constable who is of or above the level of position of inspector section 11 a: any thing upon or in respect of which a relevant Tribunal offence has been, or is suspected of having been, committed; or b: any thing which there are reasonable grounds for believing will be evidence as to the commission of any such offence— may issue a search warrant in respect of that thing. 2: An issuing officer (within the meaning of section 3 subpart 3 section 29 a: any thing upon or in respect of which any Tribunal offence has been, or is suspected of having been committed; or b: any thing which there are reasonable grounds for believing will be evidence as to the commission of such an offence— may issue a search warrant in respect of that thing. 3: The provisions of subparts 1 to 5 7 to 10 sections 161 162 4: In subsection (1), relevant Tribunal offence section 7 Section 48(1) amended 1 October 2012 section 267(4) Search and Surveillance Act 2012 Section 48(1) amended 1 October 2008 section 116(b) Policing Act 2008 Section 48(2) amended 1 October 2012 section 267(5) Search and Surveillance Act 2012 Section 48(3) replaced 1 October 2012 section 267(6) Search and Surveillance Act 2012 49: Form and content of search warrant Section 49 repealed 1 October 2012 section 267(7) Search and Surveillance Act 2012 50: Powers conferred by warrant Section 50 repealed 1 October 2012 section 267(7) Search and Surveillance Act 2012 50A: Power to stop vehicles Section 50A repealed 1 October 2012 section 267(7) Search and Surveillance Act 2012 Execution of search warrants 51: Person executing warrant to produce evidence of authority Section 51 repealed 1 October 2012 section 267(7) Search and Surveillance Act 2012 52: Notice to owner or occupier of execution of warrant Section 52 repealed 1 October 2012 section 267(7) Search and Surveillance Act 2012 53: Certificate to Tribunal of execution of warrant Where— a: a warrant issued under section 48 b: any thing is seized pursuant to the warrant,— the Attorney-General shall, where the Tribunal concerned requests, give to the Tribunal a certificate specifying the date and time of execution of the warrant, the identity of the person who executed the warrant, and the thing or things seized under the warrant Section 53 amended 1 October 2012 section 267(8) Search and Surveillance Act 2012 Arrest 54: Power to enter premises to arrest person 1: Subject to subsection (2), where— a: a constable section 16(2) b: the constable the constable 2: If, in any case to which this section applies, the constable constable constable constable Section 54(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 54(1)(a) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 54(1)(b) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 54(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 General 55: Retention of things seized 1: Where a constable constable constable who is of or above the level of position of inspector 2: Subject to subsection (5), the Commissioner of Police or designated constable a: inform the Attorney-General that the thing has been so delivered; and b: retain the thing for a period not exceeding 1 month from the day on which the thing was seized pending the Attorney-General's direction under subsection (3) about how to deal with the thing; and c: comply with any direction that the Attorney-General gives. 3: The Attorney-General may, by written notice, give the Commissioner of Police or designated constable 4: Without limiting the directions that may be given under subsection (3), the Attorney-General may require the Commissioner of Police or designated constable 5: Subject to sections 154 155 constable a: the reason for its seizure no longer exists; or b: it is decided that the thing is not to be used in evidence by the Tribunal concerned— unless the thing seized is the subject of a dispute as to who is entitled to it. 6: Subject to sections 154 155 constable 1992 No 86 s 49(4) Section 55(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 55(1) amended 1 October 2008 section 116(b) Policing Act 2008 Section 55(2) amended 1 October 2008 section 116(b) Policing Act 2008 Section 55(3) amended 1 October 2008 section 116(b) Policing Act 2008 Section 55(4) amended 1 October 2008 section 116(b) Policing Act 2008 Section 55(5) amended 1 October 2012 section 267(9) Search and Surveillance Act 2012 Section 55(5) amended 1 October 2008 section 116(b) Policing Act 2008 Section 55(6) amended 1 October 2012 section 267(10) Search and Surveillance Act 2012 Section 55(6) amended 1 October 2008 section 116(b) Policing Act 2008 7: Miscellaneous 56: Act not to limit other provision of assistance Nothing in this Act shall prevent the provision of assistance to a Tribunal otherwise than under this Act. 57: Attorney-General may decline to comply with request in certain cases The Attorney-General may decline to comply with a request to which section 21 29 30 31 35 41 a: to comply with the request would prejudice the sovereignty, security, or national interests of New Zealand; or b: the request relates to the prosecution of a person for an offence in a case where the person has been tried by a national court or authority, whether in New Zealand or elsewhere, in respect of that offence or for another offence constituted by the same act or omission except where the Tribunal is exercising jurisdiction because— i: the act or omission for which the person has been tried was characterised as an ordinary offence under the law of the country where the trial took place; or ii: the proceedings in the national court or authority were— A: not impartial or independent; or B: designed to shield the person from international criminal responsibility; or C: not diligently prosecuted; or c: the request is for assistance of a kind that would require steps to be taken for its implementation that could not be lawfully taken; or d: there are some other exceptional circumstances that justify non-compliance with the request. 58: Certificates given by Attorney-General 1: Where the Attorney-General receives a request made by a Tribunal, the Attorney-General may give a certificate certifying all or any of the following facts: a: that a request for assistance under this Act has been made by the Tribunal: b: that the request meets the requirements of this Act: c: that the acceptance of the request has been duly made under and in accordance with this Act. 2: In any proceeding under this Act a certificate purporting to have been given under subsection (1) shall, in the absence of proof to the contrary, be sufficient evidence of the matters certified by the certificate. 1992 No 86 s 64 59: Notification of response to Tribunal request 1: Where a request for assistance under this Act is received from a Tribunal, the Attorney-General shall ensure that the Tribunal is provided with a response to that request. 2: If the Attorney-General declines, in accordance with this Act, to comply with a request, the Attorney-General shall give reasons to the Tribunal for the Attorney-General's decision. 60: Regulations 1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: a: prescribing the procedure to be followed in dealing with requests made by a Tribunal, and providing for notification of the results of action taken pursuant to any such request: b: prescribing the procedures for obtaining evidence or producing documents or other articles pursuant to a request made by a Tribunal: c: providing for the payment of fees, travelling allowances, and expenses to any person in New Zealand who gives or provides evidence or assistance pursuant to a request made by a Tribunal: d: prescribing conditions for the protection of any property sent to a Tribunal pursuant to a request made under this Act; and making provision for the return of property in New Zealand pursuant to a request: e: prescribing the forms of applications, notices, certificates, warrants, and other documents for the purposes of this Act, and requiring the use of such forms: f: providing for such other matters as are contemplated by or are necessary for giving full effect to this Act and for its due administration. 2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 60(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 61: Additional tribunals to be added by Order in Council 1: The Governor-General may from time to time, by Order in Council, declare a tribunal that has been established by the Security Council of the United Nations under chapter VII of the Charter of the United Nations to be a tribunal for the purposes of this Act, and, for that purpose, may also, by the same Order in Council, add a new Part to the Schedule setting out the statute of that tribunal. 2: The Governor-General may from time to time, by Order in Council, declare that a tribunal has ceased to be a tribunal for the purposes of this Act and, for that purpose, may also, by the same Order in Council, omit the Part of the Schedule that sets out the statute of that tribunal. 3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 61(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 62: Amendment to Diplomatic Privileges and Immunities Act 1968 Amendment(s) incorporated in the Act(s)

DLM369892

1995

Waikato Raupatu Claims Settlement Act 1995

1: Short Title and commencement 1: This Act may be cited as the Waikato Raupatu Claims Settlement Act 1995. 2: Subject to sections 15(4) 25(3) 26(5) 32(2) 37(2) 3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 1(2) brought into force 15 November 1995 clause 2 Waikato Raupatu Claims Settlement Act Commencement Order 1995 Section 1(2) brought into force 1 November 1996 clause 2 Waikato Raupatu Claims Settlement Act Commencement Order 1996 Section 1(2) brought into force 28 August 1997 clause 2 Waikato Raupatu Claims Settlement Act Commencement Order 1997 Section 1(2) brought into force 30 April 1999 clause 2 Waikato Raupatu Claims Settlement Act Commencement Order 1999 Section 1(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 2: Interpretation of Act generally It is the intention of Parliament that the provisions of this Act shall be interpreted in a manner that best furthers the agreements expressed in the deed of settlement. 3: Act to bind the Crown This Act binds the Crown. 1: Apology by the Crown to Waikato 4: Apology This Part records the apology given by the Crown to Waikato in the deed of settlement. 5: Text in Maori The text of the apology in Maori is as follows: “1: E whakaae ana Te Karauna ko oona reo ko oona mana i hara ki nga tikanga o Te Tiriti o Waitangi i taa raatou whakawhiunga i te Kiingitanga me Waikato ki ngaa hooia i Mangataawhiri i te marama o Hongongoi 1863 i raro i ta raatou tohu whakaingoa. ‘he iwi whakakeke a Waikato’. “2: E whakaatu ana Te Karauna i toona pouri tino hoohonu, aa, kaaore he mutunga o taana tuku whakapaa mo ngaa taangata i mate i ngaa parekura whakaeke o aana hooia, aa, mo te taaorotanga hoki o ngaa whenua tae atu ki te whakararurarutanga o te nohoanga o ngaa Iwi. “3: E whakaae ana Te Karauna teeraa ko ngaa raupatutanga o ngaa whenua me ngaa rawa i whakamanahia e te Ture Mo Te Whakanoho i Te Hunga Maarie, ara, te Iwi Paakeha 1863, a Te Paaremata o Niu Tireni he mahi tino hee, e peehi kino nei i a Waikato mai raano. E noho pani tonu nei raatou i roto i te rawakoretanga me to hauwareatanga o ngaa mahi toko i te ora, o ngaa mahi whanaketanga mo ngaa Iwi o Waikato. “4: E maarama pai ana Te Karauna teeraa ko teenei pouritanga tino toimaha, kaaore nei anoo kia whakatikaina i raro i te Tiriti o Waitangi “5: E whakaae ana Te Karauna teeraa anoo ngaa whenua raupatu o Waikato te tino taakoha nui ki te rangatiratanga me te whanaketanga o Niu Tireni ahakoa kei te noho rawakore tonu te Iwi o Waikato i oona whenua me ngaa hua o aua whenua. “6: Nooreira ka kimi Te Karauna, mo te taha ki ngaa Iwi Katoa o Niu Tireni, i te huarahi e whakamaarie ai i eenei tuukinotanga, araa, mo te waahanga e taea ai, aa, i teenei whakatutukitanga o teenei take whakamau o Te Raupatu. He whakaotinga teenei i raro i ngaa take raarangi o Te Pukapuka Whakaaetanga i hainatia i te 22 o ngaa raa o Haratua 1995, maana hei arahi atu ki te ao hoou o te mahi tahi ki Te Kiingitanga me Waikato.” 6: Text in English The text of the apology in English is as follows: “1: The Crown acknowledges that its representatives and advisers acted unjustly and in breach of the Treaty of Waitangi in its dealings with the Kiingitanga and Waikato in sending its forces across the Mangataawhiri in July 1863 and in unfairly labelling Waikato as rebels. “2: The Crown expresses its profound regret and apologises unreservedly for the loss of lives because of the hostilities arising from its invasion, and at the devastation of property and social life which resulted. “3: The Crown acknowledges that the subsequent confiscations of land and resources under the New Zealand Settlements Act 1863 “4: The Crown appreciates that this sense of grief, the justice of which under the Treaty of Waitangi “5: The Crown recognises that the lands confiscated in the Waikato have made a significant contribution to the wealth and development of New Zealand, whilst the Waikato tribe has been alienated from its lands and deprived of the benefit of its lands. “6: Accordingly, the Crown seeks on behalf of all New Zealanders to atone for these acknowledged injustices, so far as that is now possible, and, with the grievance of raupatu finally settled as to the matters set out in the Deed of Settlement signed on 22 May 1995 to begin the process of healing and to enter a new age of co-operation with the Kiingitanga and Waikato.” 2: Provisions relating to settlement 7: Interpretation of terms In this Act, unless the context otherwise requires,— Crown body Crown entity section 2(1) deed of settlement Director-General section 2 of the Survey Act 1986 District Land Registrar excluded claims section 8(2) land acquisition trust land holding trust land holding trustee Minister Raupatu recitals E to G of the Preamble Raupatu claims section 8(1) residual Crown land a: means every freehold parcel of real property (including improvements) situated in the Waikato claim area that is owned by the Crown, or by any of the bodies described in Attachment 11 to the deed of settlement, at the date on which section 11 b: does not include— i: any settlement property (other than a settlement property that Waikato elect under clause 8 of the deed of settlement not to take); or ii: any settlement property that is stated in Attachment 2 to the deed of settlement to be owned by Electricity Corporation of New Zealand Limited or any wholly-owned subsidiary of that company settlement properties settlement property settlement property State enterprise section 2 Waikato the New Zealand Settlements Act 1863 Waikato claim area a: means the land bordered with bold black lines on Survey Office plan number 60113, lodged in the office of the Land Information New Zealand b: does not include the Waiuku block or the Wairoa block Wairoa block the New Zealand Settlements Act 1863 Gazette Waiuku block the New Zealand Settlements Act 1863 Gazette Section 7 Director-General substituted 1 July 1996 Survey Amendment Act 1996 Section 7 Waikato claim area amended 1 July 1996 section 5 of the Survey Amendment Act 1996 Effect of settlement 8: Meaning of Raupatu claims 1: In this Act, the term Raupatu claims a: means all claims arising out of, or relating to, the Raupatu or any aspect of the Raupatu; and b: includes all claims arising from the loss of land and of interests in land in the Waikato claim area by confiscation; and c: includes all claims to coal, other minerals, and forests within the Waikato claim area; and d: includes the following parts of the Wai 30 claim to the Waitangi Tribunal, namely, the claims set out in— i: the Statement of Claim of 16 March 1987 (#1.1 on Waitangi Tribunal record); and ii: the Amended Statement of Claim of 16 March 1987 (#1.1(a)); and iii: the Letter of 12 August 1987 (#1.1(b)); and iv: the Statement of Claim of 17 June 1991 (#1.1(c)); and e: includes the claims made in the Wai 306 claim to the Waitangi Tribunal, being the claim made by Garth Banks on behalf of Ngaati Haua; and f: includes the claims made in the Wai 494 claim to the Waitangi Tribunal, being the claim made by Taka o te Rangi Taka on behalf of Ngaati Koheriki; and g: includes such of the claims made in the Wai 530 claim to the Waitangi Tribunal (being a claim made by Patara Peremana on behalf of Nga Uri o Whawhakia) as are based on Raupatu in the Waikato claim area; and h: includes such of the claims made in the Wai 537 claim to the Waitangi Tribunal (being a claim made by Richard Tamihana on behalf of Ngati Tahinga Iwi and Nga Uri o Tahinga Trust Board) as are based on Raupatu in the Waikato claim area; and i: includes all claims specified in paragraphs (a) to (h), whether or not those claims— i: are past, current, or future; or ii: are founded on rights arising by or in common law (including customary law and aboriginal title), the Treaty of Waitangi iii: are made or held by, or on behalf of, all of Waikato or 1 or more individuals, marae, or hapu; but j: does not include the excluded claims. 2: In this Act, the term excluded claims a: any claims by Waikato to the rivers and harbours within the Waikato rohe, including those parts of the Wai 30 claim to the Waitangi Tribunal relating to— i: the Waikato River (being the claims set out in paragraph A1–5 of the statement of claim dated 16 March 1987); and ii: the West Coast Harbours, as defined in the deed of settlement (being the claims set out in paragraph C8–9 of the statement of claim dated 16 March 1987); and b: any claims by Waikato to the Wairoa block or the Waiuku block; and c: any claims by individual hapu of Waikato to non-Raupatu land outside the Waikato claim area; and d: the claims made in the Wai 185 claim to the Waitangi Tribunal, being the claim made by A Wirihana in relation to the Pepepe land; and e: the claims made in the Wai 100 claim to the Waitangi Tribunal, being the claim made by Huhurere Tukukino; and f: any claims made to the Waitangi Tribunal, whether before or after the commencement of this section, by the Hauraki Maori Trust Board, including the claims made by the Hauraki Maori Trust Board and Toko Renata te Taniwha in the Wai 373 claim to the Waitangi Tribunal; and g: the claims made in the Wai 454 claim to the Waitangi Tribunal, being the claim made by Walter Taipari and Adrian Taipari on behalf of the descendants of Ngati Hauauru, a hapu of Ngati Maru; and h: the claims made in the Wai 495 claim to the Waitangi Tribunal, being the claim made by Mahuta Pitau Williams on behalf of the descendants of Ngati Tawhaki of Ngati Tamatera; and i: the claims made in the Wai 349 claim to the Waitangi Tribunal, being the claim made by Tewiremu Mataia and Heraputea Williams on behalf of the tangata whenua of the Hauraki Tribal Region. 9: No further inquiries into Raupatu claims 1: Without limiting the acknowledgments expressed in, or any provision of, the deed of settlement, it is hereby declared that the settlement of the Raupatu claims to be effected pursuant to that deed is final. 2: Notwithstanding any other enactment or rule of law, as from the commencement of this section, no court or tribunal shall have jurisdiction to inquire or further inquire into, or to make any finding or recommendation in respect of— a: any or all of the Raupatu claims; or b: the validity of the deed of settlement; or c: the adequacy of the benefits provided to Waikato under the deed of settlement or this Act. Provisions relating to land 10: Transfer of land 1: Notwithstanding any other enactment or rule of law, for the purposes of giving effect to the deed of settlement, the Crown (acting through the Commissioner of Crown Lands) is hereby authorised to do any 1 or more of the following: a: purchase or otherwise acquire any settlement property from a Crown body: b: lease any settlement property to any Crown body: c: subject to sections 40 to 42 d: sign any memorandum of transfer or lease, or any other document, or do any other thing for the purposes of any such purchase, acquisition, lease, or transfer. 2: Nothing in subsection (1) limits— a: Part 4A b: sections 10 11 c: any other enactment or rule of law under which any easement, encumbrance, restriction, or other interest in or in respect of any land is created or exists. 3: Nothing in— a: Parts 2 and 2A of the Land Settlement Promotion and Land Acquisition Act 1952 b: section 11 Part 10 shall apply with respect to— c: any transfer of any settlement property from a Crown body to another Crown body or to the land holding trustee for the purpose of giving effect to the deed of settlement; or d: any leasing of any settlement property from a Crown body or the land holding trustee to a Crown body for the purpose of giving effect to the deed of settlement; or e: anything incidental to, or required for the purposes of, any such transfer or leasing. 4: Notwithstanding sections 40 to 42 department within the meaning of section 2 of the Survey Act 1986 section 16 5: Notwithstanding section 24(4) sections 40 to 42 a: a settlement property to which section 8A b: a settlement property that is to be transferred from a Crown body to another Crown body or to the land holding trustee, for the purposes of giving effect to the deed of settlement. 6: Nothing in the Land Act 1948 7: Nothing in the Land Act 1948 8: In this section, the term Crown body Section 10(4) amended 1 July 1996 Survey Amendment Act 1996 11: Right of land holding trustee to acquire residual Crown land in certain circumstances 1: Where a Crown body (or any body that was a Crown body at the date on which this section comes into force or on which the body first acquired the residual Crown land concerned, whichever is the later) proposes to sell any residual Crown land to any person other than— a: another Crown body; or b: a person who is entitled to purchase the land pursuant to an offer made under— i: section 40 ii: section 23(1) section 24(4) iii: any enactment equivalent to any of the enactments referred to in subparagraphs (i) and (ii); or c: the existing tenant of a house situated on any residual Crown land that is— i: land of Housing New Zealand Limited or of Housing New Zealand Corporation ii: land held for education purposes by the Crown; or iii: land held by any Crown body which, at the date on which this section comes into force, has a policy under which houses that are to be sold are first offered for purchase by the existing tenants; or d: a person who has, at the date on which this section comes into force, a legal right to purchase the land; or e: a person who is entitled to purchase the land under the terms of any gift, endowment, or trust relating to the land, or under any enactment or rule of law,— the body shall give to the land holding trustee notice of the proposed sale setting out the price and other proposed terms of sale and offering to sell the land to the land holding trustee on those terms. 2: Where, within 1 month after the date on which the land holding trustee receives a notice under subsection (1) from a Crown body or other body (time being of the essence), the land holding trustee— a: accepts the offer set out in the notice by giving written notice of acceptance to the body; or b: otherwise agrees with the body in writing to purchase the land concerned,— a contract for the sale and purchase of that land shall be thereby constituted between the body and the land holding trustee and that contract may be enforced accordingly. 3: If, within 1 month after the date on which the land holding trustee receives a notice under subsection (1) from a Crown body or other body (time being of the essence), a contract for the sale and purchase of the land to which the notice relates is not constituted under subsection (2), the body— a: may, at any time during the period of 2 years following the expiry of 1 month from the date of receipt of the notice under subsection (1) by the land holding trustee, sell the land to any person it wishes on terms not more favourable to the purchaser than those set out in that notice; but b: may not sell the land after the expiry of that 2-year period without first re-offering it to the land holding trustee in accordance with subsection (1), and subsection (2) and this subsection shall apply to any such re-offer. 4: Where a body— a: has offered to sell any residual Crown land to the land holding trustee under subsection (1); and b: wishes to again offer that land for sale, but on terms more favourable to the purchaser than the terms of the first offer,— the body may do so, so long as it first re-offers the land for sale on the more favourable terms to the land holding trustee in accordance with subsection (1); and subsections (2) and (3) shall apply to any such re-offer. 5: The obligation of a Crown body or other body under subsections (1) to (4) in respect of any particular land shall terminate on the completion of the sale of the land— a: to the land holding trustee; or b: in accordance with subsection (3); or c: to a person of a kind referred to in any of paragraphs (b) to (e) of subsection (1),— whichever first occurs. 6: Nothing in this section affects or derogates from, and the rights created by this section are subject to,— a: the terms of any gift, endowment, or trust relating to, and the rights of any holders of mortgages or other securities over, residual Crown land or any improvements on any such land: b: any other enactment or rule of law that must be complied with before any residual Crown land is disposed of: c: any feature of the title to any residual Crown land which prevents or limits a body's right to transfer the land or any improvements on the land: d: any legal requirement which impedes a body's ability to sell or otherwise dispose of any residual Crown land or any improvements on any such land and which the body cannot satisfy after taking reasonable steps to do so (and, for the avoidance of doubt, reasonable steps 7: Nothing in this section affects or derogates from the right of a Crown body to sell or otherwise dispose of any Crown body, or requires a Crown body to offer to the land holding trustee any Crown body that is to be sold or otherwise disposed of. 8: In the case of residual Crown land that is a settlement property that Waikato have elected under clause 8 of the deed of settlement not to take, this section shall be read subject to section 12 9: Where any residual Crown land— a: becomes, under subsection (2), subject to a contract for the sale and purchase of that land; or b: is transferred (without breaching this section) to any person that is not a Crown body,— this section and section 12 10: Clause 10 of the deed of settlement shall cease to have effect from the date on which sections 12 13 Section 11(1)(c)(i) amended 1 July 2001 section 24(1) Housing Corporation Amendment Act 2001 12: Rights of land holding trustee in regard to property that it has previously elected not to take Where a settlement property becomes residual Crown land by virtue of Waikato electing under clause 8 of the deed of settlement not to take that property, section 11 a: a notice had been given to the land holding trustee under subsection (1) of that section offering to sell the property to the land holding trustee for the price and on the other terms on which the property was offered to the land holding trustee under the deed of settlement; and b: the land holding trustee had not, within the time prescribed by subsection (2) of that section,— i: given, under that subsection, written notice of acceptance of the offer; or ii: otherwise agreed in writing to purchase the property; and c: the land holding trustee had received the notice under subsection (1) of that section on the date on which the election takes effect. 13: Noting of right to acquire residual Crown land on certificates of title 1: As soon as reasonably practicable after the date on which this section comes into force, the Director-General shall issue to the District Land Registrar 1 or more certificates that identify all the certificates of title for the residual Crown land for which certificates of title have been issued at that date. 2: As soon as reasonably practicable after the date on which a certificate of title is issued for any residual Crown land, being a date after the date on which this section comes into force, the Director-General shall issue to the District Land Registrar a certificate that identifies the certificate of title concerned. 3: As soon as reasonably practicable after receiving a certificate from the Director-General under either subsection (1) or subsection (2), the District Land Registrar shall, without fee, note on the certificate or certificates of title to the land to which the certificate from the Director-General relates, the words Subject to section 11 of the Waikato Raupatu Claims Settlement Act 1995 (which provides for residual Crown land to be offered for purchase to a land holding trust for Waikato in certain circumstances) 4: Where any residual Crown land for which a certificate of title has been issued is to be transferred (without breaching section 11 a: the transferor shall notify the Director-General of the transfer; and b: the Director-General shall, before registration of the transfer, issue to the District Land Registrar a certificate stating that the land is to be so transferred and identifying the certificate of title concerned. 5: On receipt of a certificate under subsection (4) and before registration of the transfer, the District Land Registrar shall, without fee, delete by endorsement the words previously noted on the certificate of title for the land in accordance with subsection (3). 6: Whenever the Director-General issues a certificate to the District Land Registrar under this section, the Director-General shall send a copy of the certificate to the land holding trustee. 14: Removal of resumptive memorials from land within Waikato claim area 1: Nothing in— a: sections 8A to 8H b: sections 27A to 27C c: Part 3 d: the amendments made to the Treaty of Waitangi Act 1975 Part 4 e: sections 568 to 570 f: any enactment equivalent to any of the enactments specified in paragraphs (a) to (e),— shall apply in relation to any land within the Waikato claim area. 2: Subsection (1) of this section shall apply in relation to any claim submitted to the Waitangi Tribunal under section 6 3: The Director-General shall, as soon as reasonably practicable after the commencement of this subsection, issue to the District Land Registrar 1 or more certificates that identify each certificate of title relating to land within the Waikato claim area that contains a memorial entered pursuant to any of the enactments referred to in subsection (1). 4: The District Land Registrar shall, as soon as reasonably practicable after receiving a certificate issued to that District Land Registrar under subsection (3) and without fee,— a: register the certificate against each certificate of title identified in the certificate; and b: cancel each memorial that, pursuant to any of the enactments referred to in subsection (1), is entered on a certificate of title identified in the certificate. 5: Subject to subsection (6), subsections (1) to (4) do not apply in respect of— a: the land specified in Schedule 2 b: the Maramarua land, as described in Attachment 10 to the deed of settlement. 6: Subject to subsection (7), the Governor-General may, by 1 or more Orders in Council, apply subsections (1) to (4) to the whole or part of the Maramarua land referred to in subsection (5)(b). 7: No Order in Council shall be made under subsection (6) in respect of any land unless the Minister is of the opinion that a final determination or a final recommendation has been made in respect of any relevant claims (including claims made by the Hauraki Maori Trust Board) in respect of the land to which the Order in Council relates. 8: The Minister must ensure that an order under this section is published in the Gazette Section 14(1)(e) replaced 1 August 2020 section 668 Education and Training Act 2020 Section 14(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 15: Power to amend Schedule 2 1: Subject to subsections (2) and (3), the Governor-General may from time to time, by Order in Council, amend Schedule 2 2: The Governor-General shall not make an Order in Council under subsection (1) unless the Governor-General is satisfied, on the advice of the Minister of Justice, that the pieces of land described in the order are pieces of land within the Waikato claim area that should not cease to be subject to the enactments referred to in section 14(1) 3: No Order in Council shall be made under this section after 14 November 1995. 4: This section shall come into force on the day on which this Act receives the Royal assent. 5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 15(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 16: Power of the Crown to compulsorily acquire property for purpose of settlement 1: Where the Crown is obliged by the deed of settlement to transfer to the land holding trustee a property of a Crown body (or any body that was a Crown body at the date on which the deed of settlement was signed), the Minister of Lands may, after consultation with— a: any Minister of the Crown for the time being responsible for that body; and b: any Minister of the Crown who is a shareholder of the body,— acquire the property under Part 2 Parts 2 4 5 6 7 Schedules 1 3 4 5 Schedule 3 2: The existence on the certificate of title to any property acquired pursuant to subsection (1) of a memorial under any of the enactments referred to in section 14(1) the Public Works Act 1981 3: Where a lease of a property acquired pursuant to subsection (1) has been or is to be granted to the body from whom the property is acquired, that lease shall be taken into account in any assessment of compensation made under the Public Works Act 1981 4: In this section, the term property 17: Issue of certificates of title Where any settlement property, or residual Crown land, for which no certificate of title has been issued under the Land Transfer Act 1952 a: is vested in the Crown; but b: is to be acquired by the land holding trustee,— then, notwithstanding any other enactment or rule of law, the District Land Registrar shall, at the request of the Commissioner of Crown Lands and after completion of such survey (if any) as may be necessary, issue a certificate of title under the Land Transfer Act 1952 Provisions relating to trusts 18: Land holding trustee authorised to acquire land Notwithstanding section 26 a: acquire from the Crown any settlement property or residual Crown land, whether or not subject to any lease to, or other interest of, any other person: b: sign any document or do any other thing for the purposes of any such acquisition. 19: Provision for registration of land in name of Pootatau Te Wherowhero 1: Notwithstanding the Land Transfer Act 1952 a: be registered in the name of Pootatau Te Wherowhero, rather than in the name of the land holding trustee; or b: be no longer registered in the name of Pootatau Te Wherowhero, and instead be registered in the name of the land holding trustee. 2: If the District Land Registrar receives— a: a direction in writing from the land holding trustee under subsection (1)(a); or b: a direction in writing from the land holding trustee under subsection (1)(b), together with— i: a certificate in writing from the land holding trustee as to the persons who are at that time custodians of Te Wherowhero title ii: a written consent to that direction executed by each such person,— the District Land Registrar shall give effect to that direction. 3: Where any land or interest in land is registered under the Land Transfer Act 1952 a: the land holding trustee shall have all the rights, duties, and powers of the registered proprietor of that land or interest (except that the land or interest shall continue to be registered in that name unless a direction is given under subsection (1)(b)), and shall exercise and perform every such right, duty, and power in its own name and not in the name of Pootatau Te Wherowhero; and b: the District Land Registrar shall have regard to paragraph (a). 4: The presentation to the District Land Registrar of a direction in writing— a: executed or purporting to be executed by the land holding trustee; and b: relating to any land registrable or registered in the name of the land holding trustee or in the name of Pootatau Te Wherowhero; and c: in the case of a direction given under subsection (1)(b), containing a consent executed or purporting to be executed by each of the persons who are required by subsection (2)(b) to execute the consent; and d: containing a recital that the direction is given under paragraph (a) or paragraph (b) (as the case may be) of subsection (1)— shall, in the absence of evidence to the contrary, be sufficient evidence that the direction has been given under that paragraph and that any consents required by subsection (2)(b) have been given. 20: Trust deed for land holding trust The land holding trustee— a: shall, in accordance with section 128(2) b: shall, in accordance with section 128(2) 21: Vesting of Te Rapa and Hopuhopu land in name of Pootatau Te Wherowhero 1: On the date on which this section comes into force,— a: the Te Rapa land and the Hopuhopu land shall, by virtue of this section, vest in the land holding trustee upon the trusts declared in the trust deed for the land holding trust; and b: the land holding trustee shall be deemed to have directed in writing under section 19(1)(a) 2: As soon as practicable after the date on which this section comes into force, the District Land Registrar shall, after any surveys that are necessary have been completed, issue certificates of title under the Land Transfer Act 1952 a: shall be subject to sections 10 11 Part 4A b: shall be subject to, and shall have the benefit of, any relevant easements, encumbrances, restrictions, and other interests. 3: In this section, the term Hopuhopu land a: all that piece of land containing 50.4750 hectares, more or less, being Allotment 541, Parish of Pepepe, as shown on ML 22198, lodged in the office of the Chief Surveyor at Hamilton; and b: all those pieces of land containing together 137.8640 hectares, more or less, being Allotments 386 to 390, Komakorau Parish, as shown on ML 22197, lodged in the office of the Chief Surveyor at Hamilton. 4: In this section, the term Te Rapa land 5: Each vesting of land in the land holding trustee by subsection (1)(a) shall be deemed to be a disposition of land by the Crown for the purposes of Part 4A 22: Land holding trust not subject to Te Ture Whenua Maori Act 1993 Nothing in Te Ture Whenua Maori Act 1993 23: Land holding trust not subject to maximum duration rule No rule of law or provisions of an Act, including section 16 a: prescribe or restrict the period during which the land holding trust may exist; or b: apply in relation to the rights conferred by section 11 Section 23 replaced 30 January 2021 section 161 Trusts Act 2019 24: Establishment of land acquisition trust For the purposes of giving effect to the deed of settlement,— a: the Crown is hereby authorised to establish the land acquisition trust; and b: any Minister of the Crown may on behalf of the Crown sign 1 or more deeds or other documents, and do any other thing, that may be necessary to establish the trust. Appointments to Conservation Board 25: Amendments to Conservation Act 1987 1), (2: Amendment(s) incorporated in the Act(s) 3: This section shall come into force on 1 September 1996. Crown forest assets 26: Crown forest assets 1: In this Act,— claimants Crown forestry licence section 14 Crown Forestry Rental Trust trust section 34 licensed land the Crown Forest Assets Act 1989 Maramarua forest land Onewhero forest land 2: On the date on which this subsection comes into force,— a: the Waitangi Tribunal shall be deemed to have made a final recommendation under section 8HB(1)(a) section 36(1)(b) b: the provisions of the Treaty of Waitangi Act 1975 Crown Forest Assets Act 1989 section 36(1)(b) 3: On the date on which this subsection comes into force,— a: the Waitangi Tribunal shall be deemed to have made a final recommendation under section 8HB(1)(a) section 36(1)(b) b: the provisions of the Treaty of Waitangi Act 1975 Crown Forest Assets Act 1989 section 36(1)(b) 4: On the date on which this subsection comes into force,— a: the Waitangi Tribunal shall be deemed to have made a final recommendation under section 8HB(1)(b) b: the provisions of the Treaty of Waitangi Act 1975 Crown Forest Assets Act 1989 5: No Order in Council may be made bringing subsection (3) into force unless, in the opinion of the Minister,— a: a final recommendation has been made by the Waitangi Tribunal, or a final determination has been made by an appropriate judicial authority, on both the claim made by the claimants to the Maramarua forest land and the competing claim made by the Hauraki Maori Trust Board to the Maramarua forest land; or b: an agreement has been reached between the claimants and the Hauraki Maori Trust Board on both the claim made by the claimants to the Maramarua forest land and the claim made by the Hauraki Maori Trust Board to the Maramarua forest land. 6: The Order in Council bringing subsection (3) into force shall,— a: state whether the whole or part of the Maramarua forest land is to be transferred to the land holding trustee; and b: where only part of the Maramarua forest land is to be transferred to the land holding trustee, identify the part of that land that is to be so transferred. 7: Nothing in this section shall prejudice any right which Waikato may have to apply to the trustee of the Crown Forestry Rental Trust for payment of their costs for the preparation and presentation of their claim to the Maramarua forest land. Tainui Maori Trust Board 27: Cancellation of Tainui Maori Trust Board annuity Amendment(s) incorporated in the Act(s) 28: Dissolution of Tainui Maori Trust Board 1: In this section and in Schedule 4 appointed day successor Trust Board 2: On the appointed day,— a: the undertaking of the Trust Board shall, by virtue of this section, vest in the successor; and b: the Trust Board shall be deemed to be dissolved; and c: every person holding office as a member of the Trust Board shall cease to hold that office. 3: The provisions of Schedule 4 4: Amendment(s) incorporated in the Act(s) 29: Final accounts of Tainui Maori Trust Board 1: As soon as reasonably practicable after the commencement of section 28 2: A copy of the final accounts of the Tainui Maori Trust Board, together with a copy of the report of the Audit Office on those accounts, shall be sent to the Minister of Maori Affairs by the body corporate which, or person who, causes those final accounts to be prepared. 3: A copy of the final accounts, together with a copy of the report of the Audit Office on those accounts, shall be laid before the House of Representatives by the Minister of Maori Affairs as soon as practicable after their receipt by that Minister. Amendment to Treaty of Waitangi Act 1975 Heading repealed 23 May 2008 section 7 Treaty of Waitangi Amendment Act 2008 30: Jurisdiction of Tribunal to consider claims Section 30 repealed 23 May 2008 section 7 Treaty of Waitangi Amendment Act 2008 Amendments to Transit New Zealand Act 1989 31: Maori interests to be considered 1: 2: Subsection (1), and section 27 Section 31(1) repealed 1 July 1996 section 31(2) 32: Maori interests to be considered 1: Amendment(s) incorporated in the Act(s) 2: No Order in Council may be made bringing subsection (1) into force before 1 July 1996. 33: Authority may declare State highways Amendment(s) incorporated in the Act(s) Amendment to Resource Management Act 1991 34: Conditions of resource consents Amendment(s) incorporated in the Act(s) Amendments to Crown Minerals Act 1991 35: Entry on Crown land for minimum impact activity Amendment(s) incorporated in the Act(s) 36: Declaration by Order in Council that access arrangement may be determined by arbitrator Amendment(s) incorporated in the Act(s) Amendments to Public Works Act 1981 37: Sections to be read with Public Works Act 1981 1: This section and the next succeeding section shall be read together with and deemed part of the Public Works Act 1981 2: This section and the next succeeding section shall come into force on the day on which this Act receives the Royal assent. 38: New sections inserted Amendment(s) incorporated in the Act(s)

DLM371218

1995

Misuse of Drugs Amendment Act 1995

1: Short Title and commencement 1: This Act may be cited as the Misuse of Drugs Amendment Act 1995, and shall be read together with and deemed part of the Misuse of Drugs Act 1975 2: This Act shall come into force on a date to be appointed by the Governor-General by Order in Council. 2: Enforcement of fines imposed in High Court Section 43 Misuse of Drugs Amendment Act 1978 a: By omitting from paragraph (a)(ii) in the form prescribed for the purpose of section 89(1)(a) of the Summary Proceedings Act 1957 b: By repealing paragraph (b) c: By omitting from paragraph (c) subsection (4) of section 89 of the Summary Proceedings Act 1957 this section 3: Enforcement of fines imposed in District Court 1: Section 44 Misuse of Drugs Amendment Act 1978 paragraph (a) a: Part III of the Summary Proceedings Act 1957 . 2: Section 44 (b) Misuse of Drugs Amendment Act 1978 subsection (4) of section 89 Part III

DLM371241

1995

Criminal Justice Amendment Act 1995

1: Short Title and commencement 1: This Act may be cited as the Criminal Justice Amendment Act 1995, and shall be read together with and deemed part of the Criminal Justice Act 1985 2: This Act shall come into force on a date to be appointed by the Governor-General by Order in Council. 2: Sections 2 to 9 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 clause 2 Sentencing Act Commencement Order 2002 3: Period on remand to be taken as time served Sections 2 to 9 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 clause 2 Sentencing Act Commencement Order 2002 4: Sections 2 to 9 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 clause 2 Sentencing Act Commencement Order 2002 5: Sections 2 to 9 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 clause 2 Sentencing Act Commencement Order 2002 6: Sections 2 to 9 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 clause 2 Sentencing Act Commencement Order 2002 7: Sections 2 to 9 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 clause 2 Sentencing Act Commencement Order 2002 8: Sections 2 to 9 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 clause 2 Sentencing Act Commencement Order 2002 9: Sections 2 to 9 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 clause 2 Sentencing Act Commencement Order 2002 10: 11: Section 11 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 clause 2 Sentencing Act Commencement Order 2002

DLM305839

1956

Health Act 1956

1: Short Title and commencement 1: This Act may be cited as the Health Act 1956. 2: Except as provided in section 113 2: Interpretation 1: In this Act, unless the context otherwise requires,— aerodrome Civil Aviation Act 1990 aircraft Civil Aviation Act 1990 animal carrier cleansing communicable disease ( see contact craft a: by air; or b: on or under water Director-General Public Service Act 2020 drinking water standards section 47 dwellinghouse educational institution a: means any place where people gather for the purpose of education or training; and b: includes an early childhood education and care centre within the meaning of section 10(1) environmental health officer section 28 epidemic management notice section 8(1) epidemic notice section 5(1) Health New Zealand section 4 health practitioner section 5(1) health protection officer health provider hospital section 58(4) infectious disease Part 1 Part 2 local authority Local Government Act 2002 Māori Health Authority section 4 medical examination Part 3A a: the taking of a sample of tissue, blood, urine, or other bodily material for medical testing; and b: any diagnostic tests required to detect the presence of, or immunity to, an infectious disease in a person medical examination order section 92ZH medical officer of health Part 4 medical practitioner section 114(1)(a) Minister Ministry of Health public service Ministry notifiable disease Schedule 2 notifiable infectious disease Part 1 offensive trade Schedule 3 owner Land Transfer Act 2017 passenger personal health section 4 personal health services section 4 potable water a: is safe to drink; and b: complies with the drinking water standards premises prescribed public health section 4 public health order section 92Z public health risk Part 3A sections 74 74AA a: the nature of the infectious disease, including, without limitation, the transmissibility and mode of transmission of the infectious disease; and b: the relevant circumstances of the particular case public health services section 4 quarantinable disease Part 3 ship smoke 2: If, in any proceedings for an offence against this Act or against any regulations thereunder, a question arises as to whether or not any person is a contact, as defined in subsection (1), the question shall be determined in accordance with the opinion of the medical officer of health. 3: The Governor-General may, by Order in Council, amend Part 3 ( see 4: In this Act, a reference to an individual who has an infectious disease includes an individual who is infected or colonised by, or is a carrier of, an organism capable of causing the disease, even if the individual does not exhibit any of the symptoms of the disease. 5: The following are secondary legislation ( see Part 3 a: an order under the definition of communicable disease in subsection (1): b: an order under subsection (3). 1920 No 45 s 2; 1940 No 17 ss 4, 9, 11(1), 16, 18; SR 1951/282 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) aerodrome amended 1 September 1990 section 101(1) Civil Aviation Act 1990 Section 2(1) aircraft amended 1 September 1990 section 101(1) Civil Aviation Act 1990 Section 2(1) Board repealed 1 October 1988 section 4(3) Health Amendment Act 1988 Section 2(1) chemical works repealed 1 April 1974 Clean Air Act 1972 Section 2(1) communicable disease amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) communicable disease amended 4 January 2017 section 4(1) Health (Protection) Amendment Act 2016 Section 2(1) contact amended 4 January 2017 section 4(2) Health (Protection) Amendment Act 2016 Section 2(1) craft inserted 19 December 2006 section 4(1) Health Amendment Act 2006 Section 2(1) Director-General replaced 1 July 1993 section 2(1) Health Amendment Act 1993 Section 2(1) Director-General amended 7 August 2020 section 135 Public Service Act 2020 Section 2(1) district health board repealed 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2(1) drinking water standards inserted 15 November 2021 section 206(1) Water Services Act 2021 Section 2(1) educational institution inserted 4 January 2017 section 4(4) Health (Protection) Amendment Act 2016 Section 2(1) educational institution amended 1 August 2020 section 668 Education and Training Act 2020 Section 2(1) environmental health officer replaced 1 July 1993 section 2(2) Health Amendment Act 1993 Section 2(1) epidemic management notice inserted 19 December 2006 section 4(1) Health Amendment Act 2006 Section 2(1) epidemic notice inserted 19 December 2006 section 4(1) Health Amendment Act 2006 Section 2(1) Health New Zealand inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2(1) health practitioner inserted 4 January 2017 section 4(4) Health (Protection) Amendment Act 2016 Section 2(1) health protection officer replaced 1 July 1993 section 2(3) Health Amendment Act 1993 Section 2(1) health provider inserted 4 January 2017 section 4(4) Health (Protection) Amendment Act 2016 Section 2(1) hospital replaced 1 October 2002 section 58(1) Health and Disability Services (Safety) Act 2001 Section 2(1) inspector repealed 26 July 1988 section 2(3) Health Amendment Act 1988 Section 2(1) inspector of health repealed 26 July 1988 section 2(3) Health Amendment Act 1988 Section 2(1) local authority replaced 1 July 2003 section 262 Local Government Act 2002 Section 2(1) Māori Health Authority inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2(1) medical examination inserted 4 January 2017 section 4(4) Health (Protection) Amendment Act 2016 Section 2(1) medical examination order inserted 4 January 2017 section 4(4) Health (Protection) Amendment Act 2016 Section 2(1) medical officer of health amended 1 July 1993 section 2(6) Health Amendment Act 1993 Section 2(1) medical officer of health amended 26 November 1982 Health Amendment Act 1982 Section 2(1) medical practitioner inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) Ministry of Health inserted 1 July 1993 section 2(7) Health Amendment Act 1993 Section 2(1) Ministry of Health amended 7 August 2020 section 135 Public Service Act 2020 Section 2(1) noxious or offensive gas repealed 1 April 1974 Clean Air Act 1972 Section 2(1) owner amended 12 November 2018 section 250 Land Transfer Act 2017 Section 2(1) passenger inserted 19 December 2006 section 4(1) Health Amendment Act 2006 Section 2(1) personal health replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2(1) personal health services replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2(1) port health officer repealed 26 November 1982 Health Amendment Act 1982 Section 2(1) potable water inserted 15 November 2021 section 206(1) Water Services Act 2021 Section 2(1) premises replaced 4 January 2017 section 4(3) Health (Protection) Amendment Act 2016 Section 2(1) public health replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2(1) public health order inserted 4 January 2017 section 4(4) Health (Protection) Amendment Act 2016 Section 2(1) public health risk inserted 4 January 2017 section 4(4) Health (Protection) Amendment Act 2016 Section 2(1) public health services replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2(1) quarantinable disease replaced 19 December 2006 section 4(1) Health Amendment Act 2006 Section 2(1) venereal disease repealed 4 January 2017 section 4(5) Health (Protection) Amendment Act 2016 Section 2(3) inserted 19 December 2006 section 4(2) Health Amendment Act 2006 Section 2(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(4) inserted 4 January 2017 section 4(6) Health (Protection) Amendment Act 2016 Section 2(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 2A: Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1AA Section 2A inserted 13 December 2021 section 4 Health (Fluoridation of Drinking Water) Amendment Act 2021 3: Power of Governor-General in Council to amend Schedules 1: The Governor-General may from time to time, by Order in Council,— a: add to or omit from any of the lists of notifiable infectious diseases, infectious diseases, and notifiable diseases set out in Schedules 1 2 b: add to or omit from the list of offensive trades set out in Schedule 3 or otherwise amend any such list, and every such Order in Council shall have effect according to its tenor. 2: An order under this section is secondary legislation ( see Part 3 1920 No 45 s 2 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 3(1)(b) amended 13 December 2021 section 7 Health (Fluoridation of Drinking Water) Amendment Act 2021 Section 3(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 1: Administration Ministry Heading: amended 1 July 1993 section 38(3) Health Amendment Act 1993 3A: Function of Ministry in relation to public health Without limiting any other enactment or rule of law, and without limiting any other functions of the Ministry or of any other person or body, the Ministry shall have the function of improving, promoting, and protecting public health. Section 3A inserted 22 January 1996 section 13 Health and Disability Services Amendment Act 1995 3B: Director of Public Health 1: There shall be a Director of Public Health, who shall be appointed under the Public Service Act 2020 2: The Director of Public Health shall have the function of advising the Director-General on matters relating to public health, including— a: personal health matters relating to public health; and b: regulatory matters relating to public health. 3: Nothing in this section— a: limits any other enactment or rule of law. b: Section 3B inserted 22 January 1996 section 13 Health and Disability Services Amendment Act 1995 Section 3B(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 3B(3)(b) repealed 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 3C: Director-General to produce annual report on current state of public health 1: Without limiting section 43 2: The Minister shall lay a copy of the report before the House of Representatives not later than the 12th sitting day of the House of Representatives after the date on which the Minister receives the report. Section 3C inserted 22 January 1996 section 13 Health and Disability Services Amendment Act 1995 Section 3C(1) amended 25 January 2005 section 37(1) Public Finance Amendment Act 2004 3D: Director of Public Health may provide advice or reports to Minister 1: Without limiting section 3B a: advise the Minister on any matter relating to public health: b: report to the Minister on any matter relating to public health. 2: In exercising the functions of the Director under this section, the Director shall not be responsible to the Director-General, but shall act independently. 3: Nothing in subsection (2) limits the responsibility of the Director of Public Health to the Director-General for the efficient, effective, and economical management of the activities of the Director of Public Health. Section 3D inserted 22 January 1996 section 13 Health and Disability Services Amendment Act 1995 3E: Public Health Agency 1: There shall be a division of the Ministry called the Public Health Agency 2: The Public Health Agency 3: The functions of the Public Health Agency are— a: to provide systems leadership across the public health sector; and b: to advise the Director-General on matters relating to public health, including— i: personal health matters relating to public health; and ii: regulatory and strategic matters relating to public health. 4: Nothing in this section— a: limits any other enactment or rule of law; or b: limits the functions of the Ministry or of any other person or body. Section 3E inserted 22 January 1996 section 13 Health and Disability Services Amendment Act 1995 Section 3E heading amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 3E(1) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 3E(2) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 3E(3) replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 3F: Public Health Agency In order to ensure that the views of the public, persons involved in the provision of personal health services and public health services Agency’s section 3E(3) Agency personal health services and public health services Section 3F inserted 22 January 1996 section 13 Health and Disability Services Amendment Act 1995 Section 3F heading amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 3F amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 3F amended 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 4: Department of Health Section 4 repealed 1 July 1993 section 3(1)(a) Health Amendment Act 1993 5: Director-General of Health Section 5 repealed 1 July 1993 section 3(1)(b) Health Amendment Act 1993 5A: Deputy Directors-General and Assistant Directors-General of Health Section 5A repealed 1 July 1993 section 3(1)(b) Health Amendment Act 1993 5B: Delegation of powers by Director-General Section 5B repealed 1 July 1993 section 3(1)(c) Health Amendment Act 1993 6: Other officers and employees Section 6 repealed 1 July 1993 section 3(1)(d) Health Amendment Act 1993 6A: Part-time deputy medical officers of health Section 6A repealed 1 July 1993 section 3(1)(e) Health Amendment Act 1993 7: Principal functions of Department Section 7 repealed 1 July 1993 section 3(1)(f) Health Amendment Act 1993 7A: Medical officers of health and other officers 1: The Director-General shall from time to time designate as medical officers of health such persons as, in the opinion of the Director-General, are required. 2: Each such person designated as a medical officer of health shall be a medical practitioner suitably qualified and experienced in public health medicine. 3: The Director-General shall, at the time of designation of a medical officer of health, determine the health district or health districts within which the powers and duties of that medical officer of health may be exercised or performed. 4: The Director-General shall from time to time designate as health protection officers such persons as, in the opinion of the Director-General, are required. 5: Notwithstanding any other enactment, the Director-General may from time to time designate, as officers who have functions, duties, or powers under any enactment administered by the Ministry that is specified in the designation, such persons as, in the opinion of the Director-General, are required. 6: Any designation by the Director-General under this section of any person as a medical officer of health, health protection officer, or other officer may be made on such terms and conditions as the Director-General considers appropriate; and that person shall exercise the functions, duties, and powers of that office in accordance with any direction of the Director-General. 7: Where by virtue of any enactment, a reasonable belief in any particular state of affairs is a prerequisite for the exercise of any power by a medical officer of health, health protection officer, or other officer designated by the Director-General, it shall be sufficient if that officer exercises that power at the direction of the Director-General (or any other person designated by the Director-General for the purposes of this subsection) so long as, at the time of giving the direction, the Director-General or other person held such a belief in that state of affairs. 8: A medical officer of health for any health district may perform or exercise in that or any other health district any of the functions, duties, or powers of a medical officer of health that relate to contact tracing. 9: To avoid doubt, the Director-General may revoke a designation of a person as a medical officer of health or health or protection officer under this section. 10: The Director-General must consult the Director of Public Health before revoking a designation of a medical officer of health. Section 7A inserted 1 July 1993 section 4 Health Amendment Act 1993 Section 7A(2) replaced 1 July 1996 Medical Practitioners Act 1995 Section 7A(8) inserted 4 January 2017 section 5 Health (Protection) Amendment Act 2016 Section 7A(9) inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 7A(10) inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 8: Conservation of public health in areas outside jurisdiction of local authorities 1: The improvement, promotion, and protection of Ministry 2: The powers of the Ministry Ministry 3: The Governor-General may by Order in Council make regulations for the purpose of giving effect to this section, and by any such Order in Council may apply, with the necessary modifications, any other regulations made under this Act. 4: Any regulations made for the purposes of this section may prescribe reasonable fees to be payable by the owners or occupiers of lands within any area over which the Ministry Ministry occupier 5: Subject to the provisions of this section and to any regulations for the time being in force thereunder, all expenses incurred by the Ministry 6: Regulations under this section are secondary legislation ( see Part 3 1940 No 17 s 2 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 8(1) amended 22 January 1996 section 3(3) Health and Disability Services Amendment Act 1995 Section 8(1) amended 1 July 1993 section 5 Health Amendment Act 1993 Section 8(2) amended 1 July 1993 section 5 Health Amendment Act 1993 Section 8(4) amended 1 July 1993 section 5 Health Amendment Act 1993 Section 8(5) amended 1 July 1993 section 5 Health Amendment Act 1993 Section 8(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 9: Delegation of powers by Minister Section 9 repealed 1 July 1993 section 6(1)(a) Health Amendment Act 1993 9A: Advisory committees and subcommittees Section 9A repealed 1 July 1993 section 6(1)(b) Health Amendment Act 1993 10: Annual report Section 10 repealed 1 July 1993 section 6(1)(c) Health Amendment Act 1993 Board of Health Heading repealed 1 October 1988 section 4(2) Health Amendment Act 1988 11: Board of Health Section 11 repealed 1 October 1988 section 4(2) Health Amendment Act 1988 11A: Chairman and deputy chairman Section 11A repealed 1 October 1988 section 4(2) Health Amendment Act 1988 12: Remuneration and travelling allowances Section 12 repealed 1 October 1988 section 4(2) Health Amendment Act 1988 13: Meetings and procedure of Board Section 13 repealed 1 October 1988 section 4(2) Health Amendment Act 1988 14: Seal of Board Section 14 repealed 1 October 1988 section 4(2) Health Amendment Act 1988 15: Secretary to Board Section 15 repealed 1 October 1988 section 4(2) Health Amendment Act 1988 16: Functions of Board Section 16 repealed 1 October 1988 section 4(2) Health Amendment Act 1988 17: Board may be appointed as a commission of inquiry Section 17 repealed 1 October 1988 section 4(2) Health Amendment Act 1988 18: Committees of Board Section 18 repealed 1 October 1988 section 4(2) Health Amendment Act 1988 18A: Ad hoc subcommittees Section 18A repealed 1 October 1988 section 4(2) Health Amendment Act 1988 Health districts 19: Health districts 1: For the purposes of this Act, the Director-General may from time to time, by notice in the Gazette 2: The boundaries of every health district shall be fixed by reference to the boundaries of the territorial authority districts comprised therein, and shall vary with any alteration in such last-mentioned boundaries. 3: In no case shall part only of any territorial authority district be included within the boundaries of a health district. Section 19 replaced 1 July 1993 section 7(1) Health Amendment Act 1993 20: Medical officer of health for every health district Section 20 repealed 1 July 1993 section 8(1) Health Amendment Act 1993 21: Evidence of authority of medical officer or health protection officer The fact that any medical officer of health or any health protection officer 1920 No 45 s 18 Section 21 heading amended 26 July 1988 section 2(5) Health Amendment Act 1988 Section 21 amended 26 July 1988 section 2(5) Health Amendment Act 1988 22: Certain officers to have functions of medical officers of health 1: Every person who holds the office of Director-General of Health shall, if that person is a medical practitioner suitably experienced and qualified in public health medicine, have all the functions of a medical officer of health, and may exercise those functions in any part of New Zealand. 2: Every person who holds the office of Director-General of Health and is not a medical practitioner suitably experienced and qualified in public health medicine shall designate a medical practitioner or medical practitioners who is or are employed in the Ministry and who is or are suitably experienced and qualified in public health medicine to exercise the functions of a medical officer of health in any part of New Zealand. 3: A person who holds office as Director of Public Health has the functions of a medical officer of health and may exercise them in any part of New Zealand if they are a medical practitioner specialising in public health. Section 22 replaced 1 July 1996 Medical Practitioners Act 1995 Section 22(3) inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 22A: Powers of departmental officers under Factories and Commercial Premises Act 1981 Section 22A repealed 1 April 1993 section 62(1) Health and Safety in Employment Act 1992 Personal information Heading inserted 26 July 1988 section 6 Health Amendment Act 1988 22B: Interpretation In this section and sections 22C to 22H agency section 7(1) document section 2 Health Benefits Limited section 2(1) health information a: information about the health of that individual, including that individual's medical history: b: information about any disabilities that individual has, or has had: c: information about any services d: information provided by that individual in connection with the donation, by that individual, of any body part, or any bodily substance, of that individual: e: for the purposes of section 22E i: derived from the testing or examination of any body part, or any bodily substance, donated by an individual; or ii: otherwise relating to any part or substance so donated, or relating to the donor and relevant (whether directly or indirectly) to the donation individual representative a: where the individual is dead, that individual's personal representative: b: where the individual is under the age of 16 years, that individual's parent or guardian: c: subject to paragraphs (a) and (b), where the individual is unable to give his or her consent or authority, a person appearing to be lawfully acting on the individual's behalf or in that individual's interests services section 4 Section 22B replaced 1 July 1993 Health Amendment Act (No 2) 1993 Section 22B amended 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 22B agency amended 1 December 2020 section 217 Privacy Act 2020 Section 22B Crown health enterprise repealed 1 July 1998 Health and Disability Services Amendment Act 1998 Section 22B disability services repealed 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 22B funder repealed 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 22B Health Benefits Limited inserted 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 22B Health Funding Authority repealed 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 22B health information amended 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 22B health services repealed 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 22B hospital and health service repealed 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 22B Public Health Commission repealed 22 January 1996 section 3(3) Health and Disability Services Amendment Act 1995 Section 22B purchaser repealed 1 July 1998 Health and Disability Services Amendment Act 1998 Section 22B regional health authority repealed 1 July 1998 Health and Disability Services Amendment Act 1998 Section 22B services inserted 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 22B services amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 22C: Disclosure of health information 1: Any person (being an agency that provides services or arranges the provision of services a: if that information— i: is required by any person specified in subsection (2); and ii: is required (or, in the case of the purpose set out in paragraph (j) of that subsection, is essential) for the purpose set out in that subsection in relation to the person so specified; or b: if that disclosure is permitted— i: by or under a code of practice issued under section 32 ii: if no such code of practice applies in relation to the information, by any of the information privacy principles set out in section 22 2: The persons and purposes referred to in subsection (1)(a) are as follows: a: any medical officer of a prison within the meaning of the Corrections Act 2004 b: any probation officer within the meaning of the Corrections Act 2004 any enactment c: a Social Worker or a Care and Protection Co-ordinator within the meaning of the Oranga Tamariki Act 1989 d: any employee of the department for the time being responsible for the administration of the Social Security Act 2018 , for the purposes of administering sections 206 207 e: any member of the New Zealand Defence Force, for the purposes of administering the Armed Forces Discipline Act 1971 Defence Act 1990 f: any constable g: any employee of the Ministry of Health, for the purposes of— i: administering this Act ii: compiling statistics for health purposes: h: any employee of the Ministry of Agriculture and Forestry authorised by the chief executive of that Ministry to receive the information, for the purposes of administering the Meat Act 1981 Animal Products Act 1999 i: any employee of the New Zealand Transport Agency j: an employee of Health New Zealand, for the purposes of exercising or performing any of that entity’s powers, duties, or functions under the Pae Ora (Healthy Futures) Act 2022 k: an employee of the Māori Health Authority, for the purposes of exercising or performing any of that entity’s powers, duties, or functions under the Pae Ora (Healthy Futures) Act 2022 l: an employee of the New Zealand Blood and Organ Service, for the purposes of exercising or performing any of that entity’s powers, duties, or functions under the Pae Ora (Healthy Futures) Act 2022 3: For the purposes of information privacy principle 11(1)(c) set out in section 22 a: by that individual personally, if he or she has attained the age of 16 years; or b: by a representative of that individual. 4: Information provided or obtained under Part 3A Section 22C replaced 1 July 1993 Health Amendment Act (No 2) 1993 Section 22C(1) amended 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 22C(1)(b)(i) amended 1 December 2020 section 217 Privacy Act 2020 Section 22C(1)(b)(ii) amended 1 December 2020 section 217 Privacy Act 2020 Section 22C(2)(a) amended 1 June 2005 section 206 Corrections Act 2004 Section 22C(2)(b) amended 1 June 2005 section 206 Corrections Act 2004 Section 22C(2)(b) amended 30 June 2002 section 186 Sentencing Act 2002 Section 22C(2)(c) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 22C(2)(d) amended 26 November 2018 section 459 Social Security Act 2018 Section 22C(2)(d) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 22C(2)(f) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 22C(2)(g)(i) amended 13 December 2021 section 8 Health (Fluoridation of Drinking Water) Amendment Act 2021 Section 22C(2)(h) replaced 1 November 1999 section 8(1) Animal Products (Ancillary and Transitional Provisions) Act 1999 Section 22C(2)(i) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 22C(2)(j) replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 22C(2)(k) inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 22C(2)(l) inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 22C(3) amended 1 December 2020 section 217 Privacy Act 2020 Section 22C(4) inserted 4 January 2017 section 6 Health (Protection) Amendment Act 2016 22D: Duty to provide health information 1: The Minister may at any time, by notice in writing, require Health New Zealand or the Māori Health Authority services 2: Subject to subsection (3), it is the duty of Health New Zealand or the Māori Health Authority 3: No information that would enable the identification of an individual may be provided under this section unless— a: the individual consents to the provision of such information; or b: the identifying information is essential for the purposes for which the information is sought. 4: For the purposes of subsection (3)(a), consent to the provision of information may be given— a: by the individual personally, if he or she has attained the age of 16 years; or b: by a representative of that individual. Section 22D replaced 1 July 1993 Health Amendment Act (No 2) 1993 Section 22D(1) replaced 1 July 1998 Health and Disability Services Amendment Act 1998 Section 22D(1) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 22D(1) amended 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 22D(2) replaced 1 July 1998 Health and Disability Services Amendment Act 1998 Section 22D(2) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 22E: Duty to provide information for purposes of blood collection The Minister may, at any time, by notice in writing, require Health New Zealand or the Māori Health Authority section 63 paragraph (d) or paragraph (e) of the definition of that term in section 22B Section 22E replaced 4 July 1998 section 2 Health Amendment Act 1998 Section 22E amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 22E amended 1 November 2008 section 92 Human Tissue Act 2008 22F: Communication of information for diagnostic and other purposes 1: Every person who holds health information of any kind shall, at the request of the individual about whom the information is held, or a representative of that individual, or any other person that is providing, or is to provide, services 2: A person that holds health information may refuse to disclose that information under this section if— a: that person has a lawful excuse for not disclosing that information; or b: where the information is requested by someone other than the individual about whom it is held (not being a representative of that individual), the holder of the information has reasonable grounds for believing that that individual does not wish the information to be disclosed; or c: refusal is authorised by a code of practice issued under section 32 3: For the purposes of subsection (2)(a), neither— a: the fact that any payment due to the holder of any information or to any other person has not been made; nor b: the need to avoid prejudice to the commercial position of the holder of any information or of any other person; nor c: the fact that disclosure is not permitted under any of the information privacy principles set out in section 22 shall constitute a lawful excuse for not disclosing information under this section. 4: Where any person refuses to disclose health information in response to a request made under this section, the person whose request is refused may make a complaint to the Privacy Commissioner under Part 5 5: Nothing in subsection (4) limits any other remedy that is available to any person who is aggrieved by any refusal to disclose information under this section. Section 22F replaced 1 July 1993 Health Amendment Act (No 2) 1993 Section 22F(1) amended 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 22F(2)(c) amended 1 December 2020 section 217 Privacy Act 2020 Section 22F(3)(c) amended 1 December 2020 section 217 Privacy Act 2020 Section 22F(4) amended 1 December 2020 section 217 Privacy Act 2020 22G: Inspection of records 1: In this section, provider a: a department of the Crown that funds services within the meaning of section 4 b: a district health board: c: the Health Funding Authority or a person authorised by the Health Funding Authority to make payments: d: a regional health authority or a person authorised by a regional health authority to make payments: e: a hospital and health service: f: a Crown health enterprise: g: an area health board: h: a hospital board: i: the Department of Health: j: Health New Zealand: k: Māori Health Authority. 2: Every provider must, forthwith after a request by the Director-General or the chief executive of Health New Zealand or the Māori Health Authority a: by a person authorised in writing by the Director-General or the chief executive of Health New Zealand or the Māori Health Authority b: for the purpose of verifying the claim for payment. 3: Any person authorised in accordance with subsection (2) to inspect the records of a provider may copy or take notes of those records for the purposes of the inspection. Section 22G inserted 1 July 1993 Health Amendment Act (No 2) 1993 Section 22G(1) replaced 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 22G(1)(a) replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 22G(1)(j) inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 22G(1)(k) inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 22G(2) replaced 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 22G(2) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 22G(2)(a) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 22G(3) inserted 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 22H: Anonymous health information Notwithstanding any enactment, rule of law, or other obligation, any person may supply to any other person health information that does not enable the identification of the individual to whom the information relates. Section 22H inserted 1 July 1993 Health Amendment Act (No 2) 1993 22I: Offence to fail to retain health information Section 22I repealed 1 January 1997 section 22J 22J: Expiry of section 22I Section 22I a: 31 December 1996; or b: such earlier date as may be appointed by the Governor-General by Order in Council,— whichever is the earlier, and on— c: 1 January 1997; or d: the day after any date appointed pursuant to paragraph (b),— whichever is the earlier, section 22I Section 22J replaced 9 December 1994 Health Amendment Act (No 2) 1994 2: Powers and duties of local authorities 23: General powers and duties of local authorities in respect of public health Subject to the provisions of this Act, it shall be the duty of every local authority to improve, promote, and protect a: to appoint all such environmental health officers b: to cause inspection of its district to be regularly made for the purpose of ascertaining if any nuisances, or any conditions likely to be injurious to health or offensive, exist in the district: c: if satisfied that any nuisance, or any condition likely to be injurious to health or offensive, exists in the district, to cause all proper steps to be taken to secure the abatement of the nuisance or the removal of the condition: d: subject to the direction e: to make bylaws under and for the purposes of this Act or any other Act authorising the making of bylaws for the protection of public health f: to furnish from time to time to the medical officer of health such reports as to diseases 1920 No 45 s 20 Section 23 amended 22 January 1996 section 3(3) Health and Disability Services Amendment Act 1995 Section 23(a) amended 26 July 1988 section 2(4) Health Amendment Act 1988 Section 23(d) amended 23 March 1987 section 7(2) Health Amendment Act 1987 Section 23(e) amended 22 January 1996 section 3(3) Health and Disability Services Amendment Act 1995 Section 23(f) replaced 22 January 1996 section 3(3) Health and Disability Services Amendment Act 1995 Section 23(f) amended 15 November 2021 section 206(1) Water Services Act 2021 24: Governor-General may exempt certain local authorities Section 24 repealed 1 July 2003 section 262 Local Government Act 2002 Sanitary works 25: Local authority to provide sanitary works 1: For the purposes of this section, the term sanitary works a: drainage works, sewerage works, and works for the disposal of sewage; b: waterworks; c: works for the collection and disposal of refuse, nightsoil, and other offensive matter; d: sanitary conveniences for the use of the public; e: swimming baths; f: dressing sheds; g: h: cemeteries; i: crematoria; j: disinfecting and cleansing stations established under this Act; and k: any other works declared by the Governor-General by Order in Council to be sanitary works ( see and includes all lands, buildings, machinery, reservoirs, dams, tanks, pipes, and appliances used in connection with any such sanitary works. 2: The Minister may, by notice in the Gazette Minister Director-General Director-General 3: Any 2 or more local authorities may with the Director-General's Director-General 4: Every requisition issued under this section shall be in writing 5: Any such requisition as aforesaid may at any time in like manner be withdrawn or modified by a further requisition under this section: provided that— a: a requisition shall not, without the consent of the local authority to which it was issued, be modified or withdrawn after the Director-General b: the modification of a requisition shall not prejudice the local authority's right to raise a loan under section 27(2) 6: Any local authority to which a requisition is issued shall within the time specified in the requisition submit to the Director-General 7: The Director-General 8: If the local authority fails to submit proposals within the time specified in the requisition, or if the Director-General Director-General himself or herself Director-General 9: Before making or modifying any proposals the Director-General Director-General's 10: Any expenses actually incurred by the Director-General Director-General Director-General 11: Any expenses so paid and any charges so made for services may be recovered as a debt due from the local authority or authorities to the Crown or may be deducted from any money payable by the Crown to the local authority or authorities. 12: Any person authorised in writing in that behalf by the medical officer of health may at any time during the office hours of a local authority, but not so as to interfere unreasonably with the carrying out of his duties by any officer of that local authority, inspect all documents in the local authority's possession relating to any sanitary works which it is proposed, whether under this section or otherwise, to provide, alter, or extend. 13: The obligation of a local authority to comply with the provisions of this section and with any requisition issued under this section shall not be limited by the fact that the local authority may not be empowered by any Act other than this Act to undertake works of the kind referred to in the requisition. 14: An order under subsection (1)(k) is secondary legislation ( see Part 3 1920 No 45 s 22; SR 1937/103; SR 1938/129; SR 1941/16; 1951 No 44 s 4 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 25(1)(g) repealed 23 November 1973 Health Amendment Act 1973 Section 25(1)(k) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 25(2) amended 23 March 1987 section 7(1) Health Amendment Act 1987 Section 25(2) amended 23 March 1987 section 7(2) Health Amendment Act 1987 Section 25(3) amended 23 March 1987 section 7(2) Health Amendment Act 1987 Section 25(4) amended 23 March 1987 section 7(2) Health Amendment Act 1987 Section 25(5)(a) amended 23 March 1987 section 7(2) Health Amendment Act 1987 Section 25(5)(b) amended 7 July 2004 section 21 Local Government Act 1974 Amendment Act 2004 Section 25(6) amended 23 March 1987 section 7(2) Health Amendment Act 1987 Section 25(7) amended 23 March 1987 section 7(2) Health Amendment Act 1987 Section 25(8) amended 23 March 1987 section 7(2) Health Amendment Act 1987 Section 25(9) amended 23 March 1987 section 7(2) Health Amendment Act 1987 Section 25(10) amended 23 March 1987 section 7(2) Health Amendment Act 1987 Section 25(11) replaced 1 July 1993 section 12 Health Amendment Act 1993 Section 25(14) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 26: Appeal against requisition or determination of Board of Health Section 26 repealed 23 March 1987 section 7(3) Health Amendment Act 1987 27: Local authority may raise loans for sanitary works 1: All sanitary works within the meaning of this Act shall be deemed to be public works within the meaning of the Public Works Act 1981 2: Any local authority required by the Minister to provide, alter, or extend any sanitary works under this Act may raise a loan for that purpose. 1920 No 45 s 24; 1951 No 44 s 6 Section 27(1) amended 1 February 1982 section 248(1) Public Works Act 1981 Section 27(2) replaced 1 July 2003 section 262 Local Government Act 2002 27A: Grants and subsidies for refuse disposal works, sewerage works, and water supplies 1: There may from time to time be paid to any local authority, out of money appropriated by Parliament for the purpose, towards the cost of the investigation, planning, and construction of public water supplies, refuse disposal works, sewerage works, and works for the disposal of sewage by the local authority such sums by way of grant, subsidy, or otherwise as the Minister may think fit in the particular case. 2: For the purposes of this section, the term local authority Section 27A replaced 23 March 1987 section 11(1) Health Amendment Act 1987 Appointment of environmental health officers Heading amended 26 July 1988 section 2(4) Health Amendment Act 1988 28: Appointment of environmental health officers by local authorities 1: For the purposes of this Part, every local authority shall, subject to the provisions of any regulations made under this Act, appoint 1 or more environmental health officers, being not less in any case than the number required in that behalf by the Director-General. 2: Notwithstanding anything in subsection (1) or in any other enactment, the Minister may at any time, acting on the recommendation of the Director-General, by notice in writing given to 2 or more local authorities, require those local authorities to combine to appoint an environmental health officer upon and subject to such terms and conditions as to payment of the salary and expenses of the environmental health officer, and as to the apportionment of his or her duties among the local authorities, as may be agreed upon between the local authorities: provided that no local authority whose district has a population of 15 000 or more shall be required, without its consent, to combine with any other local authority to appoint an environmental health officer. 3: If the local authorities to whom any such notice is given fail to agree on any question relating to the salary, expenses, or apportionment of duties of any such environmental health officer, the question shall be determined by the Director-General. If any such local authority is dissatisfied with the determination of the Director-General, it may appeal to the Minister against the determination by notice in writing given within 1 month after it has received notice of the Director-General's determination. Notice of the appeal shall at the same time be given to the other local authorities who are parties to the dispute. On any such appeal the Minister may either confirm the Director-General's determination or vary it as the Minister thinks fit, and the Minister's decision shall be final and binding on the parties to the dispute. 4: Every environmental health officer appointed under subsection (2) shall be deemed for the purposes of this Part to be the environmental health officer for each of the districts of the local authorities by whom he or she is appointed. 5: While any regulations are in force under this Act prescribing the qualifications to be possessed by persons appointed as environmental health officers, no person shall be appointed by any local authority as an environmental health officer who is not qualified for appointment as such in accordance with those regulations. 6: If any local authority fails to appoint or to continue to employ such number of environmental health officers as the Director-General may require, or fails to appoint an environmental health officer when required to do so by the Minister as aforesaid, any health protection officer authorised in that behalf by the Director-General may carry out the duties of an environmental health officer within the district of that local authority; and in any such case the salary and expenses of that health protection officer for the period during which he or she so acts, or such proportion thereof as the Director-General may appoint, shall be payable by the local authority, and may be recovered accordingly as a debt due to the Crown, or may be deducted from any money payable to that local authority out of a Crown Bank Account 7: Notwithstanding anything in the foregoing provisions of this section, any local authority may with the approval of the Director-General, instead of appointing any environmental health officer as aforesaid, pay into a Crown Bank Account 8: No agreement entered into by a local authority for the purposes of subsection (7) shall, except with the concurrence of the Director-General, be terminated unless at least 12 months' notice in writing of intention to terminate the agreement has been given to the Director-General by the local authority. Section 28 replaced 1 July 1993 section 13(1) Health Amendment Act 1993 Section 28(6) amended 25 January 2005 section 65R(3) Public Finance Act 1989 Section 28(7) amended 25 January 2005 section 65R(3) Public Finance Act 1989 Nuisances 29: Nuisances defined for purposes of this Act Without limiting the meaning of the term nuisance a: where any pool, ditch, gutter, watercourse, sanitary convenience, cesspool, drain, or vent pipe is in such a state or is so situated as to be offensive or likely to be injurious to health: b: where any accumulation or deposit is in such a state or is so situated as to be offensive or likely to be injurious to health: c: where any premises, including any accumulation or deposit thereon, are in such a state as to harbour or to be likely to harbour rats or other vermin: d: where any premises are so situated, or e: f: where any building or part of a building is so overcrowded as to be likely to be injurious to the health of the occupants, or does not, as regards air space, floor space, lighting, or ventilation, conform with the requirements of this or any other Act, or of any regulation or bylaw under this or any other Act: g: where any factory, workroom, shop, office, warehouse, or other place of trade or business is not kept in a clean state, and free from any smell or leakage from any drain or sanitary convenience: h: where any factory, workroom, shop, office, warehouse, or other place of trade or business is not provided with appliances so as to carry off in a harmless and inoffensive manner any fumes, gases, vapours, dust, or impurities generated therein: i: where any factory, workroom, shop, office, warehouse, or other place of trade or business is so overcrowded while work is carried on therein, or is so badly lighted or ventilated, as to be likely to be injurious to the health of the persons employed therein: j: where any buildings or premises used for the keeping of animals are so constructed, situated, used, or kept, or are in such a condition, as to be offensive or likely to be injurious to health: k: where any animal, or any carcass or part of a carcass, is so kept or allowed to remain as to be offensive or likely to be injurious to health: ka: where any noise or vibration occurs in or is emitted from any building, premises, or land to a degree that l: where any trade, business, manufacture, or other undertaking is so carried on as to be unnecessarily offensive or likely to be injurious to health: m: where any chimney, including the funnel of any ship and or Act of Parliament n: where the burning of any waste material, rubbish, or refuse in connection with any trade, business, manufacture, or other undertaking produces smoke in such quantity, or of such nature, or in such manner, as to be offensive or likely to be injurious to health: o: where any street, road, right of way, passage, yard, premises, or land is in such a state as to be offensive or likely to be injurious to health: p: where any well or other source of water supply, or any cistern or other receptacle for water which is used or is likely to be used for domestic purposes or in the preparation of food, is so placed or constructed, or is in such a condition, as to render the water therein offensive, or liable to contamination, or likely to be injurious to health: q: where there exists on any land or premises any condition giving rise or capable of giving rise to the breeding of flies or mosquitoes or suitable for the breeding of other insects, or of mites or ticks, which are capable of causing or transmitting disease. 1920 No 45 s 26; 1940 No 17 s 18; 1943 No 20 s 15 Section 29(d) amended 1 July 1992 Building Act 1991 Section 29(e) repealed 1 July 1992 Building Act 1991 Section 29(ka) inserted 20 October 1978 Health Amendment Act 1978 Section 29(ka) amended 23 July 1993 Health Amendment Act (No 3) 1993 Section 29(m) amended 1 January 1983 Clean Air Amendment Act 1982 Section 29(m) amended 1 January 1983 Clean Air Amendment Act 1982 30: Penalties for permitting or causing nuisances 1: Every person by whose act, default, or sufferance a nuisance arises or continues, whether that person is or is not the owner or occupier of the premises in respect of which the nuisance exists, commits an offence against this Act. 2: Whenever, after any conviction of any offence under this section, the person convicted can lawfully abate the nuisance and fails or neglects, or continues to fail or neglect, to do so, he shall be deemed to have committed a further offence and shall be liable therefor under subsection (1). 1920 No 45 s 27 31: Provisions of this Act as to nuisances to be in addition to other rights The provisions of this Act relating to nuisances shall be deemed not to abridge or affect any right, remedy, or proceeding under any other Act or at law or in equity: provided that no person shall be punished for the same offence both under the provisions of this Act and under any other enactment or any bylaw. 1920 No 45 s 28 32: Provisions of this Act as to nuisances to apply to Crown The provisions of this Act relating to nuisances, including any regulations or bylaws thereunder, shall, unless otherwise specifically provided therein, apply to nuisances created by the Government or by any employee employee 1920 No 45 s 29 Section 32 amended 1 July 1993 section 14 Health Amendment Act 1993 33: Proceedings in respect of nuisances 1: All proceedings under this Act in respect of nuisances shall be heard and determined by the District Court presided District Court Judge 2: The court, if satisfied that a nuisance exists on the premises, or that, though abated, it is likely to recur, may by order— a: require the owner and the occupier to abate the nuisance effectively: b: prohibit the recurrence of the nuisance: c: both require the abatement and prohibit the recurrence of the nuisance: d: specify the works to be done in order to abate the nuisance or prevent its recurrence, and the time within which they shall be done. 3: If the court is of opinion that by reason of the nuisance any dwelling or other building is unfit for human occupation, it may, by the same or any subsequent order, prohibit the use thereof for that purpose until the nuisance has been effectively abated to its satisfaction, or until provision has been made to its satisfaction to prevent the recurrence of the nuisance. 4: Any order made under subsection (3) may be rescinded by the court when it is satisfied that the nuisance has been effectively abated, or, as the case may be, that due provision has been made to prevent its recurrence; but until the order is rescinded it shall not be lawful to let or occupy the house or building to which the order relates. 5: Every person commits an offence against this Act who makes default in duly complying with any order made under the foregoing provisions of this section. 6: If the default consists of not doing the works necessary in order to abate the nuisance effectively, or to prevent its recurrence, the local authority, or the medical officer of health on behalf of the local authority, shall cause the works to be done at the expense in all things of the owner and the occupier, who shall be jointly and severally liable for the cost of the works. 7: If there is no known owner or occupier of the land or premises on which any such nuisance as aforesaid exists, or if the owner or occupier cannot be found, the court may by order direct that the nuisance be abated by the local authority or medical officer of health at the expense of the local authority. 8: All expenses incurred by or on behalf of the local authority under this section, together with reasonable costs in respect of the services of the local authority, shall be recoverable from the owner or the occupier of the premises in respect of which they are incurred as a debt due to the local authority, and until paid they shall by virtue of this Act be deemed to be a charge on the land on which the premises are situated. 9: All materials, refuse, and things removed by the local authority or the medical officer of health in abating any such nuisance or doing any such works as aforesaid shall be sold, destroyed, or otherwise disposed of as the local authority or the medical officer of health thinks fit. All money arising therefrom shall be applied in or towards satisfaction of the expenses incurred, and the surplus, if any, shall be carried to the account of the fund or rate applicable to works relating to sanitation, or, if there is no such fund or rate, shall form part of the general funds of the local authority. 10: In any proceedings under this section the District Court Judge 1920 No 45 s 30 Section 33(1) amended 1 March 2017 section 261 District Court Act 2016 Section 33(1) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 33(10) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 34: Power to abate nuisance without notice 1: Where by reason of the existence of a nuisance on any premises within the district of any local authority immediate action for the abatement of the nuisance is necessary in the opinion of the engineer or environmental health officer environmental health officer 2: All expenses incurred in the abatement of a nuisance under this section shall be recoverable from the owner or the occupier of the premises in respect of which they are incurred, as a debt due to the local authority. 1920 No 45 s 31 Section 34(1) amended 26 July 1988 section 2(4) Health Amendment Act 1988 35: Proceedings when nuisance caused by default outside district In any case where it appears that a nuisance existing within the district of a local authority is wholly or partly caused by some act or default outside the district, proceedings may be taken against any person in respect of that act or default in the same manner and with the same incidents and consequences as if the act or default were wholly inside the district. 1920 No 45 s 32 Refuse and sanitary services Heading repealed 1 April 1980 section 9(1) Local Government Amendment Act 1979 36: Local authorities to make provision for removal of refuse, etc Section 36 repealed 1 April 1980 section 9(1) Local Government Amendment Act 1979 37: Further provisions as to removal of refuse, etc Section 37 repealed 1 April 1980 section 9(1) Local Government Amendment Act 1979 38: Right of local authority to use portion of reserve for depot Section 38 repealed 1 April 1980 section 9(1) Local Government Amendment Act 1979 Buildings 39: Requirements of dwellinghouses as to supply of water and sanitary conveniences 1: It shall not be lawful for any person to erect or rebuild any building intended for use as a dwellinghouse, or for any person to sell, or let, or sublet, or permit to be occupied as a dwellinghouse, any building or part of a building, unless in every such case sufficient provision is made in accordance with the building code and the Building Act 2004 a: an adequate and convenient supply of water that is potable (as defined in section 69G b: suitable appliances for the disposal of refuse water in a sanitary manner: c: sufficient sanitary conveniences available for the inmates of the dwelling. 2: Every person commits an offence and is liable on conviction $500 3: Where any building intended for use as a dwellinghouse is erected or rebuilt in contravention of this section, or where any building or part of a building is let or sublet as a dwellinghouse in contravention of this section, the owner of the building, or, in the case of any such subletting as aforesaid, the person for the time being entitled to receive the rent payable in respect of the subletting, shall be liable, in addition to any penalty under the last preceding subsection, to a fine not exceeding $50 1920 No 45 s 36; 1945 No 40 s 32 Section 39(1) amended 31 March 2005 section 414 Building Act 2004 Section 39(1) amended 1 July 1992 Building Act 1991 Section 39(1)(a) amended 1 July 2008 section 5 Health (Drinking Water) Amendment Act 2007 Section 39(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 39(2) amended 30 November 1979 Health Amendment Act 1979 Section 39(3) amended 30 November 1979 Health Amendment Act 1979 40: Sanitary requirements for business premises Section 40 repealed 1 July 1992 Building Act 1991 41: Owners or occupiers may be required to cleanse premises 1: If any local authority is of opinion that the cleansing of any premises is necessary for preventing danger to health or for rendering the premises fit for occupation, it may cause an order (in this section referred to as a cleansing order 2: If the person on whom the cleansing order is served does not comply therewith, the local authority may cause the premises to be cleansed in the manner specified in the order at the cost in all things of the owner or occupier. 3: Every person commits an offence against this Act who fails to comply with any cleansing order served on him under this section. 1920 No 45 s 39 42: Local authority may require repairs and issue closing order 1: This section shall apply in any case where the medical officer of health, or the engineer of any local authority, or any other officer of a local authority duly authorised in that behalf, gives to the local authority a certificate to the effect— a: b: that any dwellinghouse within that district is, by reason of its situation or c: d: e: that any dwellinghouse within that district does not comply with any regulations made under section 120C 2: In any case to which this section applies, the local authority may, and shall if so required by the Director-General repair notice an offence is committed and 3: Where any such notice is not complied with to the satisfaction of the local authority, the local authority may, and shall if so required by the Director-General closing order 4: Notwithstanding anything in subsection (2) or subsection (3), the Director-General may in any case to which this section applies, if in his opinion a closing order should be issued immediately, direct the local authority to issue a closing order under the said subsection (3) without first giving notice under the said subsection (2); and thereupon the local authority shall issue and serve a closing order accordingly. 5: If the owner of any premises to which this section applies cannot be found, or is out of New Zealand and has no known agent in New Zealand, the occupier (if any) of the premises shall be deemed for the purposes of this section to be the agent of the owner. 6: Without limiting anything in subsections (3) and (4), every owner commits an offence against this Act who fails without reasonable excuse to comply with a repair notice served on the owner under subsection (2). 1920 No 45 s 40; 1940 No 17 s 6; 1949 No 51 s 23 Section 42(1)(a) repealed 1 July 1992 Building Act 1991 Section 42(1)(b) amended 1 July 1992 Building Act 1991 Section 42(1)(c) repealed 1 July 1992 Building Act 1991 Section 42(1)(d) repealed 1 July 1992 Building Act 1991 Section 42(1)(e) inserted 30 November 1979 Health Amendment Act 1979 Section 42(2) amended 23 March 1987 section 7(2) Health Amendment Act 1987 Section 42(2) amended 23 March 1987 section 12(1) Health Amendment Act 1987 Section 42(3) amended 23 March 1987 section 7(2) Health Amendment Act 1987 Section 42(6) inserted 23 March 1987 section 12(2) Health Amendment Act 1987 43: Appeal against closing order 1: The owner or occupier of any premises in respect of which a closing order is issued, or any person having a registered interest in the land under any mortgage or other encumbrance, may appeal against the closing order by applying to the District Court 2: Pending the determination of any such application the closing order shall be deemed to be suspended. 3: On the hearing of the application the court, whose decision shall be final, may cancel the closing order, or may confirm it either absolutely or subject to such modifications and conditions as the court thinks fit. 4: Every application to the court under this section shall be made and dealt with by way of originating application, on notice, under the rules of procedure for the time being in force under the District Court Act 2016 1920 No 45 ss 41, 42, 43 Section 43(1) amended 1 March 2017 section 261 District Court Act 2016 Section 43(4) amended 1 March 2017 section 261 District Court Act 2016 44: Issue of closing order by medical officer of health 1: Where a local authority fails to issue a repair notice or a closing order when required or directed to do so under section 42 2: All costs incurred by or against the medical officer of health on any appeal under this section shall be recoverable from the local authority as a debt due to the Crown or may be deducted from any money payable by the Crown to the local authority. 1920 No 45 s 45 Section 44(2) replaced 1 July 1993 section 15 Health Amendment Act 1993 45: Determination of closing order 1: As soon as the repairs, alterations, or works specified in a closing order have been carried out to the satisfaction of the Engineer or other authorised officer of the local authority or, as the case may require, the medical officer of health, the local authority or medical officer of health shall cancel the closing order, which shall then cease to have any force or effect. 2: Every person aggrieved by any refusal or failure of the local authority or medical officer of health to cancel a closing order under this section may appeal against that refusal or failure by applying to the District Court 3: Every such application to the court shall be made and dealt with in the same manner as if it were an appeal against the issue of a closing order. 4: On the hearing of any such application the court, whose decision shall be final, may make such order as it thinks fit. 1920 No 45 s 46 Section 45(2) amended 1 March 2017 section 261 District Court Act 2016 46: Closing order for premises owned by local authority 1: This section shall apply to any premises, including any dwellinghouse, owned by any local authority. 2: Where in respect of any premises to which this section applies the medical officer of health gives to the Director-General a certificate to the effect of any of the provisions of paragraphs (a) , (b), and (e) section 42 Section 46(2) amended 1 July 1992 Building Act 1991 Section 46(2) amended 23 March 1987 section 7(2) Health Amendment Act 1987 47: Failure to comply with closing order Every person commits an offence against this Act who, being the owner or occupier of any premises in respect of which a closing order is in force— a: inhabits or occupies the premises or any part thereof; or b: permits or suffers any other person to inhabit or occupy the premises or any part thereof. 1920 No 45 s 44 48: Local authority may require demolition Section 48 repealed 1 July 1992 Building Act 1991 49: District Court may make demolition order Section 49 repealed 1 July 1992 Building Act 1991 50: Issue of requisition by medical officer of health Section 50 repealed 1 July 1992 Building Act 1991 51: Enforcement of demolition order Section 51 repealed 1 July 1992 Building Act 1991 52: Offences in respect of requisition or demolition order Section 52 repealed 1 July 1992 Building Act 1991 53: Restriction on use of materials for building Section 53 repealed 1 July 1993 section 16 Health Amendment Act 1993 53A: Mortgagee may do acts required of owner 1: Where, by or under any of sections 41 42 44 46 2: Notwithstanding any covenant or agreement to the contrary, any expenses incurred by any mortgagee pursuant to this section shall be recoverable by the mortgagee from the owner as a debt due to the mortgagee by the owner. 3: Without limiting subsection (2), on notice in writing to the mortgagor by the mortgagee, any such expenses incurred by the mortgagee shall be deemed to be added to the principal sum owing under the mortgage and to be secured thereby; and, if the mortgagor is not the owner, the amount so deemed to be added shall be recoverable by the mortgagor from the owner as a debt due to the mortgagor by the owner. 4: The exercise by a mortgagee of the powers conferred by this section shall not relieve any person from liability to any penalty for failure to comply with the requirements of any of the provisions of this Act specified in subsection (1). 5: In this section the term mortgagee Deeds Registration Act 1908 Land Transfer Act 2017 Registrar-General of Land subpart 5 Section 53A inserted 30 November 1979 Health Amendment Act 1979 Section 53A(1) amended 1 July 1992 Building Act 1991 Section 53A(5) amended 12 November 2018 section 250 Land Transfer Act 2017 53B: Provisions where owner is a trustee Where any owner who is a trustee is served with an order or a notice under any of sections 41 42 44 and 46 a: carry out such b: demolish the dwellinghouse or other premises to which the order or notice relates and, if he thinks fit, erect another dwellinghouse or other premises in substitution therefor, or sell the land on which the dwellinghouse or other premises were erected: c: pay or apply any capital money subject to the same trust for or towards any such purpose: d: raise any money required for or towards any such purpose by obtaining an advance from the local authority Section 53B inserted 30 November 1979 Health Amendment Act 1979 Section 53B amended 1 July 1992 Building Act 1991 Section 53B(a) amended 1 July 1992 Building Act 1991 Section 53B(d) amended 1 July 2003 section 262 Local Government Act 2002 53C: Advances by local authority to owners A local authority may make advances to any owner upon whom an order or notice is served under any of sections 41 42 44 46 Section 53C replaced 1 July 2003 section 262 Local Government Act 2002 Offensive trades 54: Restrictions on carrying on offensive trade 1: No person shall establish any offensive trade within the district of any local authority, or erect or extend any premises for the purposes of or in connection with any offensive trade, except with the prior consent in writing of the local authority and of the medical officer of health and subject to such conditions as the local authority or the medical officer of health may impose. For the purposes of this subsection a person who recommences an offensive trade in any premises after not less than 2 years' disuse of those premises for the purposes of any such trade shall be deemed to establish an offensive trade. 2: Where any local authority consents to the establishment of any offensive trade under this section, and the premises or proposed premises on which the offensive trade is to be carried on are or will be situated within 8 kilometres section 55 the District Court provided that if within the said period of 3 months that other local authority notifies the consenting local authority that it does not intend to appeal against the consent, the consent shall thereupon take effect. 3: No person shall carry on any offensive trade except on premises for the time being registered by the local authority in accordance with regulations made under this Act. 4: No person shall carry on any offensive trade established in contravention of subsection (1), or carry on any offensive trade in any premises erected or extended in contravention of that subsection. 5: Any local authority may, in its discretion, refuse to register or to renew the registration of any premises under this section, and, subject to any regulations made under this Act, may impose such conditions as it thinks fit in respect of the registration or renewal of registration of the premises. 6: Every person who acts in contravention of or fails to comply in any respect with any provision of this section or any condition prescribed under this section commits an offence and is liable on conviction $1,000 $100 7: Nothing in this section relating to local authorities (including consents and registration) shall apply to any offensive trade where a resource consent for that activity has been granted under the Resource Management Act 1991 1920 No 45 ss 54, 55(1), (2), 56; 1940 No 17 s 7 Section 54(2) amended 14 November 2018 section 72 Tribunals Powers and Procedures Legislation Act 2018 Section 54(2) amended 23 November 1973 Health Amendment Act 1973 Section 54(5) proviso: repealed 1 April 1974 Health Amendment Act 1973 Section 54(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 54(6) amended 30 November 1979 Health Amendment Act 1979 Section 54(7) replaced 23 July 1993 Health Amendment Act (No 3) 1993 55: Appeal against decision refusing consent for offensive trade or refusing registration of premises for offensive trade 1: This section applies if— a: consent to establish, or to erect or extend premises for, an offensive trade under section 54(1) b: a local authority refuses to register or renew the registration of premises for an offensive trade under section 54(5) 2: A person who is refused consent, or registration or renewal of registration, may appeal to the District Court. 3: If a local authority consents to the establishment of an offensive trade that will be located within 8 kilometres of the boundary of the district of any other local authority, that other local authority may appeal the decision to the District Court. 4: An appeal under this section must be brought within 3 months after the date on which the person or the other local authority is notified of the decision. Section 55 replaced 14 November 2018 section 73 Tribunals Powers and Procedures Legislation Act 2018 56: Local authority to notify medical officer of health of registered chemical works Section 56 repealed 1 April 1974 Clean Air Act 1972 Animals 57: Local authority may restrict keeping of animals Section 57 repealed 23 March 1987 section 13 Health Amendment Act 1987 58: Restrictions on establishment of stock saleyards 1: No person shall establish any stock saleyard within the district of any local authority, or extend any stock saleyard, except with the prior consent in writing of the local authority and of the medical officer of health and subject to such conditions as the local authority or the medical officer of health may impose. For the purposes of this subsection a person who uses any premises as a stock saleyard after not less than 2 years' disuse of those premises for the purposes of such a saleyard shall be deemed to establish a stock saleyard. 2: No person shall use any premises as a stock saleyard unless the premises are for the time being registered by the local authority as a stock saleyard in accordance with regulations made under this Act. 3: Any local authority may refuse to register or to renew the registration of any premises under this section if— a: the medical officer of health certifies that the premises are maintained in an insanitary condition; and b: the owner or occupier of the premises, after the certificate is given, fails to comply with a requisition from the local authority requiring the carrying out of such sanitary improvements as the medical officer of health deems necessary. 4: Every person who acts in contravention of or fails to comply in any respect with any provision of this section or any condition prescribed under this section commits an offence and is liable on conviction $1,000 $100 5: For the purposes of this section, the expression stock saleyard 1920 No 45 ss 58, 59, 60 Section 58(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 58(4) amended 30 November 1979 Health Amendment Act 1979 59: Appeal against decision refusing consent for stock saleyard or refusing registration of premises for stock saleyard 1: This section applies if— a: consent to establish or extend a stock saleyard under section 58(1) b: registration or renewal of registration of premises for a stock saleyard under section 58(3) 2: A person who is refused consent, or registration or renewal of registration, may appeal to the District Court. 3: An appeal under this section must be brought within 3 months after the date on which the person is notified of the decision. Section 59 replaced 14 November 2018 section 74 Tribunals Powers and Procedures Legislation Act 2018 Pollution of watercourses, etc Heading repealed 1 July 2013 section 6 Health (Drinking Water) Amendment Act 2007 60: Pollution of water supply Section 60 repealed 1 July 2013 section 6 Health (Drinking Water) Amendment Act 2007 61: Control of watercourses, etc Section 61 repealed 1 July 2013 section 6 Health (Drinking Water) Amendment Act 2007 62: Supply of water from polluted source Section 62 repealed 1 July 2013 section 6 Health (Drinking Water) Amendment Act 2007 63: Powers of Director-General as to polluted water supply Section 63 repealed 1 July 2013 section 6 Health (Drinking Water) Amendment Act 2007 Bylaws 64: Bylaws 1: Every local authority may, for the purposes of this Act, make bylaws for all or any of the following matters, namely: a: improving, promoting, or protecting b: prescribing the minimum area of land on which a dwellinghouse may be erected in the district of the local authority or any specified part thereof: c: prescribing the minimum air space adjacent to any dwellinghouse or to any specified class of dwellinghouse that shall be kept free of buildings or other structures; and generally for preventing the overcrowding of land with buildings: d: prescribing for buildings a minimum frontage to a public or private street or road: e: f: g: regulating drainage and the collection and disposal of sewage, and prescribing conditions to be observed in the construction of approved drains h: with respect to the cleansing i: regulating the situation j: regulating the situation k: l: m: regulating, licensing, or prohibiting the keeping of any animals in the district or in any part thereof: n: o: regulating the handling and storage of noxious substances, or of goods which are or are likely to become offensive: p: regulating the situation q: regulating the conduct of offensive trades, r: making provision for the proper cleansing, ventilation, sanitation (including the provision of sanitary conveniences available for the use of the public), and disinfection of theatres, halls, and churches, and of places of public resort, and requiring such buildings and places to be closed for admission to the public at such intervals and during such periods as may be deemed necessary to enable such cleansing, ventilation, and disinfection to be effectively undertaken: s: regulating and prescribing the cleansing and renovation of public conveyances: t: prescribing the sanitary precautions to be adopted in respect of any business or trade: u: for preventing the outbreak or spread of disease by the agency of flies, mosquitoes, or other insects, or of rats, mice, or other vermin: v: for the protection from pollution of food intended for human consumption and of any water supply: w: regulating the sending forth of smoke from the funnels of ships, and from chimneys other than the chimneys of private dwellinghouses: x: providing for the inspection of any land or premises for the purposes of this Act: y: generally, for the more effectual carrying out of any of the provisions of this Act relating to the powers and duties of local authorities. 2: The powers conferred by this section are in addition to the powers conferred on any local authority by any other Act. 1920 No 45 s 67 Section 64(1)(a) amended 22 January 1996 section 3(3) Health and Disability Services Amendment Act 1995 Section 64(1)(e) repealed 1 July 1992 Building Act 1991 Section 64(1)(f) repealed 1 July 1992 Building Act 1991 Section 64(1)(g) amended 1 July 1992 Building Act 1991 Section 64(1)(h) amended 1 July 1992 Building Act 1991 Section 64(1)(i) amended 1 July 1992 Building Act 1991 Section 64(1)(j) amended 1 July 1992 Building Act 1991 Section 64(1)(k) repealed 1 April 1980 section 9(1) Local Government Amendment Act 1979 Section 64(1)(l) repealed 1 April 1980 section 9(1) Local Government Amendment Act 1979 Section 64(1)(n) repealed 1 April 1980 section 9(1) Local Government Amendment Act 1979 Section 64(1)(p) amended 1 July 1992 Building Act 1991 Section 64(1)(p) amended 1 April 1974 Clean Air Act 1972 Section 64(1)(q) amended 1 April 1974 Clean Air Act 1972 65: General provisions as to bylaws With respect to bylaws under this Act the following provisions shall apply: a: a bylaw may leave any matter or thing to be determined, applied, dispensed with, prohibited, or regulated by the local authority from time to time by resolution, either generally or for any classes of cases, or in any particular case: b: a bylaw providing for the licensing or registration of persons or property may provide for the payment of reasonable fees in respect thereof: c: a bylaw may provide for the payment of reasonable fees for inspections and other services, and may provide that where inspections and other services in respect of which a fee has been paid have not been made or given the local authority may refund any such fee or such portion thereof as it may determine: d: every fee payable to a local authority under a bylaw shall be recoverable as a debt due to the local authority: e: a bylaw may apply to any land, building, work, or property under the control of the local authority, although situated beyond the district of the local authority: f: a bylaw may apply generally throughout the district of the local authority, or within any specified part or parts thereof. 1920 No 45 ss 68, 69 65A: Effect of Building Act 2004 1: A local authority may not make any bylaw under this Act that purports to have the effect of requiring any building to achieve performance criteria additional to or more restrictive than those specified in the Building Act 2004 2: For the purposes of this section, the terms building building code performance criteria Building Act 2004 Section 65A inserted 1 July 1992 Building Act 1991 Section 65A heading amended 31 March 2005 section 414 Building Act 2004 Section 65A(1) amended 31 March 2005 section 414 Building Act 2004 Section 65A(2) amended 31 March 2005 section 414 Building Act 2004 66: Penalties for breach of bylaws 1: Every person who contravenes or fails to comply with any bylaw made under this Act commits an offence and is liable on conviction $500 $50 2: The local authority may, after the conviction of any person for a continuing offence against any bylaw, apply to any court of competent jurisdiction for an injunction to restrain the further continuance of the offence by the person so convicted. 3: The continued existence of any work or thing in a state contrary to any bylaw shall be deemed to be a continuing offence within the meaning of this section. 1920 No 45 ss 70, 71 Section 66(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 66(1) amended 30 November 1979 Health Amendment Act 1979 67: Mode of making bylaws 1: All bylaws made by a local authority under this Act must be made in the same manner in all respects as if they were bylaws made pursuant to the Local Government Act 2002 2: A copy of all bylaws proposed to be made under this Act shall be sent to the medical officer of health for submission to the Director-General not less than 28 days before the bylaws are confirmed. 1920 No 45 s 73 Section 67(1) replaced 1 July 2003 section 262 Local Government Act 2002 68: Copies of bylaws to be available The local authority shall cause printed copies of all its bylaws under this Act to be kept at its office, and to be sold at a reasonable charge to any person who applies for the same. 1920 No 45 s 72 Duties and powers of harbour boards Heading repealed 1 July 1993 section 18 Health Amendment Act 1993 69: Duties and powers of harbour boards Section 69 repealed 1 July 1993 section 18 Health Amendment Act 1993 2A: Drinking water Part 2A repealed 15 November 2021 section 206(1) Water Services Act 2021 69A: Purpose Section 69A repealed 15 November 2021 section 206(1) Water Services Act 2021 Application of this Part Heading repealed 15 November 2021 section 206(1) Water Services Act 2021 69B: This Part generally to apply on commencement Section 69B repealed 15 November 2021 section 206(1) Water Services Act 2021 69C: Application of sections 69S to 69ZC generally Section 69C repealed 15 November 2021 section 206(1) Water Services Act 2021 69D: Application of sections 69S to 69ZC to bulk suppliers Section 69D repealed 15 November 2021 section 206(1) Water Services Act 2021 69E: Application of sections 69S to 69ZC to water carriers Section 69E repealed 15 November 2021 section 206(1) Water Services Act 2021 69F: Bulk suppliers, networked suppliers, and water carriers Section 69F repealed 15 November 2021 section 206(1) Water Services Act 2021 Interpretation Heading repealed 15 November 2021 section 206(1) Water Services Act 2021 69G: Interpretation Section 69G repealed 15 November 2021 section 206(1) Water Services Act 2021 69H: All practicable steps Section 69H repealed 15 November 2021 section 206(1) Water Services Act 2021 69I: Part binds the Crown Section 69I repealed 15 November 2021 section 206(1) Water Services Act 2021 Registration of drinking-water suppliers and certain self-suppliers Heading repealed 15 November 2021 section 206(1) Water Services Act 2021 69J: Drinking-water register Section 69J repealed 15 November 2021 section 206(1) Water Services Act 2021 69K: Applications for registration Section 69K repealed 15 November 2021 section 206(1) Water Services Act 2021 69L: Renewal of registration by water carriers Section 69L repealed 15 November 2021 section 206(1) Water Services Act 2021 69M: Duty to update details on register Section 69M repealed 15 November 2021 section 206(1) Water Services Act 2021 69N: Removal from register Section 69N repealed 15 November 2021 section 206(1) Water Services Act 2021 Drinking-water standards Heading repealed 15 November 2021 section 206(1) Water Services Act 2021 69O: Minister may issue, adopt, amend, or revoke drinking-water standards Section 69O repealed 15 November 2021 section 206(1) Water Services Act 2021 69P: Minister must consult before issuing, adopting, or amending drinking-water standards Section 69P repealed 15 November 2021 section 206(1) Water Services Act 2021 69Q: Drinking-water standards must be notified and made available Section 69Q repealed 28 October 2021 section 3 Secondary Legislation Act 2021 69R: Commencement of drinking-water standards Section 69R repealed 15 November 2021 section 206(1) Water Services Act 2021 Duties of drinking-water suppliers and temporary drinking-water suppliers Heading repealed 15 November 2021 section 206(1) Water Services Act 2021 69S: Duty of suppliers in relation to provision of drinking water Section 69S repealed 15 November 2021 section 206(1) Water Services Act 2021 69T: Duties where risk to water is actual or foreseeable Section 69T repealed 15 November 2021 section 206(1) Water Services Act 2021 69U: Duty to take reasonable steps to contribute to protection of source of drinking water Section 69U repealed 15 November 2021 section 206(1) Water Services Act 2021 69V: Duty to Section 69V repealed 15 November 2021 section 206(1) Water Services Act 2021 69W: Duty to take reasonable steps to supply wholesome drinking water Section 69W repealed 15 November 2021 section 206(1) Water Services Act 2021 69X: Duties in relation to new water sources Section 69X repealed 15 November 2021 section 206(1) Water Services Act 2021 69Y: Duty to monitor drinking water Section 69Y repealed 15 November 2021 section 206(1) Water Services Act 2021 69Z: Duty to prepare and implement water safety Section 69Z repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZA: Medical officer of health may require preparation and implementation of water safety Section 69ZA repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZB: Duration of plans Section 69ZB repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZC: Review and renewal of plans Section 69ZC repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZD: Duty to keep records and make them available Section 69ZD repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZE: Duty to investigate complaints Section 69ZE repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZF: Duty to take remedial action if drinking-water standards breached Section 69ZF repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZG: Duty to provide reasonable assistance to drinking-water assessors, designated officers, and medical officers of health Section 69ZG repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZH: Duty to provide information to territorial authority Section 69ZH repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZI: Temporary supplier to notify medical officer of health of source and quality of raw water Section 69ZI repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZJ: Powers of medical officer of health relating to temporary drinking-water suppliers Section 69ZJ repealed 15 November 2021 section 206(1) Water Services Act 2021 Drinking-water assessors and designated officers Heading repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZK: Director-General may appoint drinking-water assessors Section 69ZK repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZL: Functions of drinking-water assessors Section 69ZL repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZM: Drinking-water assessors accountable to Director-General for performance of functions Section 69ZM repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZN: Functions of designated officers Section 69ZN repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZO: Powers of designated officers Section 69ZO repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZP: Powers of drinking-water assessors and designated officers Section 69ZP repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZQ: Ancillary powers Section 69ZQ repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZR: Restrictions on exercise of powers Section 69ZR repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZS: Requirement for warrant to enter dwellinghouse Section 69ZS repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZT: Standard conditions applying where warrant executed Section 69ZT repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZU: Drinking-water assessors and designated officers must produce identification Section 69ZU repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZV: Inventory of things seized to be provided Section 69ZV repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZW: Review of decisions of drinking-water assessors Section 69ZW repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZX: Register of drinking-water assessors Section 69ZX repealed 15 November 2021 section 206(1) Water Services Act 2021 Recognised laboratories Heading repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZY: Director-General may recognise laboratories Section 69ZY repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZZ: Compliance tests must be carried out by recognised laboratory Section 69ZZ repealed 15 November 2021 section 206(1) Water Services Act 2021 Emergency powers Heading repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZZA: Minister may declare drinking-water emergency Section 69ZZA repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZZB: Maximum duration of drinking-water emergency declaration Section 69ZZB repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZZC: Drinking-water emergency may be declared or continued even if other emergency declared Section 69ZZC repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZZD: Special powers of designated officers during drinking-water emergency Section 69ZZD repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZZE: Compensation for property requisitioned or destroyed Section 69ZZE repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZZF: Actions taken under emergency powers may be exempted from requirements of Part 3 of Resource Management Act 1991 Section 69ZZF repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZZG: Effect of exemption Section 69ZZG repealed 15 November 2021 section 206(1) Water Services Act 2021 Compliance orders Heading repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZZH: Medical officer of health may issue compliance order Section 69ZZH repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZZI: Compliance with compliance order Section 69ZZI repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZZJ: Form and content of compliance order Section 69ZZJ repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZZK: Appeals Section 69ZZK repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZZL: Stay of compliance order pending appeal Section 69ZZL repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZZM: Variation and cancellation of compliance order Section 69ZZM repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZZN: Appeals against decision on change or cancellation of compliance order Section 69ZZN repealed 15 November 2021 section 206(1) Water Services Act 2021 Contamination of water supplies and sources Heading repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZZO: Contamination of raw water or pollution of water supply Section 69ZZO repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZZP: Local authority may be required to warn users of self-supplied building water supplies about contamination Section 69ZZP repealed 15 November 2021 section 206(1) Water Services Act 2021 Offences Heading repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZZQ: Offence to supply or transport water if not registered Section 69ZZQ repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZZR: Offences against sections in this Part Section 69ZZR repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZZS: Strict liability and defence to offences Section 69ZZS repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZZT: Offences involving deception Section 69ZZT repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZZU: Time for filing charging document Section 69ZZU repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZZV: Penalties Section 69ZZV repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZZW: Additional penalty for certain offences for commercial gain Section 69ZZW repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZZX: Liability of principal for acts of agents Section 69ZZX repealed 15 November 2021 section 206(1) Water Services Act 2021 Miscellaneous Heading repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZZY: Regulations Section 69ZZY repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZZZ: Protecting water supplies from risk of back-flow Section 69ZZZ repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZZZA: Keeping, inspection, and copying of registers Section 69ZZZA repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZZZB: Director-General must publish annual report Section 69ZZZB repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZZZC: Statements by Director-General Section 69ZZZC repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZZZD: Protection of persons performing or exercising functions, duties, or powers under this Part Section 69ZZZD repealed 15 November 2021 section 206(1) Water Services Act 2021 69ZZZE: Relationship between this Part and other enactments Section 69ZZZE repealed 15 November 2021 section 206(1) Water Services Act 2021 3: Infectious and notifiable diseases 70: Special powers of medical officer of health 1: For the purpose of preventing the outbreak or spread of any infectious disease, the medical officer of health may from time to time, if authorised to do so by the Minister or if a state of emergency has been declared under the Civil Defence Emergency Management Act 2002 or while an epidemic notice is in force by notice, a: declare any land, building, or thing to be insanitary, and prohibit its use for any specified purpose: b: cause any insanitary building to be pulled down, and the timber and other materials thereof to be destroyed or otherwise disposed of as he thinks fit: c: cause insanitary things to be destroyed or otherwise disposed of as he thinks fit: d: cause infected animals to be destroyed in such manner as he thinks fit: e: require persons to report themselves or submit themselves for medical examination at specified times and places: ea: if the spread of the disease would be a significant risk to the public, require people to report, or submit themselves for medical testing, at stated times and places: f: require persons, places, buildings, ships, vehicles, aircraft, animals, or things fa: if the spread of the disease would be a significant risk to the public, require people, places, buildings, ships, vehicles, aircraft, animals, or things to be tested as he or she thinks fit: g: forbid persons, ships, vehicles, aircraft, animals, or things h: require people to remain in i: forbid the removal of ships, vehicles, aircraft, animals, or things j: prohibit the keeping of animals or of any species of animal in any specified part of the health district: k: forbid the discharge of sewage, drainage, or insanitary matter of any description into any watercourse, stream, lake, or source of water supply: l: use or authorise any local authority to use as a temporary site for a special hospital or place of isolation any reserve or endowment suitable for the purpose, notwithstanding that such use may conflict with any trust, enactment, or condition affecting the reserve or endowment: la: in writing i: require to be closed immediately, until further notice ii: require to be closed immediately, until further notice notice m: require to be closed, until further notice or for a fixed period, all premises within a health district (or stated area of a health district) of any stated kind or description: n: require to be closed, until further notice or for a fixed period, all premises within a health district (or a stated area of a health district) of any stated kind or description in which infection control measures described in the notice are not operating: o: forbid people to congregate in outdoor places of amusement or recreation of any stated kind or description (whether public or private) within a health district (or a stated area of a health district): p: forbid people to congregate in outdoor places of amusement or recreation of any stated kind or description (whether public or private) within a health district (or a stated area of a health district) in which infection control measures described in the notice are not operating. n: o: 1A: A notice under paragraph (la), (m), (n), (o), or (p) a: any premises that are, or any part of any premises that is, used solely as a private dwellinghouse; or b: any premises within the parliamentary precincts (within the meaning of section 3 c: any premises whose principal or only use is as a courtroom or judge's chambers, or a court registry; or d: any premises that are, or are part of, a prison (within the meaning of section 3(1) 1B: A notice under paragraph (la), (m), (n), (o), or (p) 1C: A notice under subsection (1)— a: is secondary legislation ( see Part 3 b: may come into force when it is made, even if it is not yet published. 1D: 2: The medical officer of health, and any environmental health officer 3: In no case shall the medical officer of health, or any environmental health officer 4: If satisfied that it is desirable in the circumstances to do so, the Director-General may authorise a medical officer of health to operate in a stated area outside his or her district; and in that case, this section and section 71 1920 No 45 s 76 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication If it is made under subsection (1)(m) to (p), the maker must: LA19 ss 73 74(1)(a) cl 14 • publish it in a newspaper circulating in the health district; or • cause it to be announced in a broadcast by a television channel or radio station that can be received by most households in the health district If it is published in a newspaper, the maker must make reasonable efforts to also have its contents or gist announced in such a broadcast If it is made under any other paragraph, it is not required to be published Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 70(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 70(1) amended 19 December 2006 section 5(1) Health Amendment Act 2006 Section 70(1) amended 1 December 2002 section 117 Civil Defence Emergency Management Act 2002 Section 70(1) amended 3 November 1964 section 3 Health Amendment Act 1964 Section 70(1)(ea) inserted 19 December 2006 section 5(2) Health Amendment Act 2006 Section 70(1)(f) amended 19 December 2006 section 5(3) Health Amendment Act 2006 Section 70(1)(fa) inserted 19 December 2006 section 5(4) Health Amendment Act 2006 Section 70(1)(g) amended 19 December 2006 section 5(5) Health Amendment Act 2006 Section 70(1)(h) amended 19 December 2006 section 5(6) Health Amendment Act 2006 Section 70(1)(i) amended 19 December 2006 section 5(5) Health Amendment Act 2006 Section 70(1)(la) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 70(1)(la) inserted 19 December 2006 section 5(7) Health Amendment Act 2006 Section 70(1)(la)(i) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 70(1)(la)(ii) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 70(1)(m) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 70(1)(n) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 70(1)(n) repealed 19 December 2006 section 5(7) Health Amendment Act 2006 Section 70(1)(o) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 70(1)(o) repealed 19 December 2006 section 5(7) Health Amendment Act 2006 Section 70(1)(p) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 70(1A) inserted 19 December 2006 section 5(8) Health Amendment Act 2006 Section 70(1A) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 70(1B) inserted 19 December 2006 section 5(8) Health Amendment Act 2006 Section 70(1B) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 70(1C) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 70(1D) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 70(2) amended 26 July 1988 section 2(4) Health Amendment Act 1988 Section 70(3) amended 26 July 1988 section 2(4) Health Amendment Act 1988 Section 70(4) inserted 19 December 2006 section 5(9) Health Amendment Act 2006 71: Powers of medical officer of health on outbreak of infectious disease 1: In the event of the outbreak of any infectious disease the medical officer of health, with the authority in writing of the Minister or during a state of emergency declared under the Civil Defence Emergency Management Act 2002 or while an epidemic notice is in force a: by requisition in writing served on its owner or occupier, take possession of, occupy, and use any land or building (whether public or private) that in his or her opinion is required for the accommodation and treatment of patients: ab: by requisition in writing served on the owner, occupier, or other person for the time being in charge of it, take possession of, occupy, and use any land, building, vehicle, or craft (other than an aircraft), whether public or private, that in his or her opinion is required for the storage or disposal of bodies: b: by requisition in writing served on the owner or other person for the time being in charge of it, take possession of and use any vehicle or craft, whether public or private, that in his or her opinion is required for the transport of— i: patients, medical personnel, medicine, medical equipment or devices, food, or drink; or ii: clothing, bedding, or tents or other temporary facilities or structures; or iii: personnel involved in loading, moving, unloading, distributing, erecting, or otherwise dealing with anything transported or to be transported under subparagraph (i) or subparagraph (ii): c: by requisition in writing served on the occupier of any premises or on any person for the time being in charge of any premises, require to be delivered to him or in accordance with his order such drugs and articles of food or drink, and such other materials, as he deems necessary for the treatment of patients. 2: Every person who suffers any loss or damage by the exercise of any of the powers conferred on the medical officer of health by this section shall be entitled to compensation to be determined in case of dispute by the District Court 3: Every person who refuses or fails to comply with any requisition under this section, or who counsels, procures, aids, or incites any other person so to do, or who interferes with or obstructs the medical officer of health or any person acting under the authority of the medical officer of health in the exercise of any powers under this section, commits an offence and is liable on District Court Judge $1,000 1920 No 45 s 75 Section 71(1) amended 19 December 2006 section 6(1) Health Amendment Act 2006 Section 71(1) amended 1 December 2002 section 117 Civil Defence Emergency Management Act 2002 Section 71(1) amended 3 November 1964 section 4 Health Amendment Act 1964 Section 71(1)(a) replaced 19 December 2006 section 6(2) Health Amendment Act 2006 Section 71(1)(ab) inserted 19 December 2006 section 6(2) Health Amendment Act 2006 Section 71(1)(b) replaced 19 December 2006 section 6(2) Health Amendment Act 2006 Section 71(2) amended 1 March 2017 section 261 District Court Act 2016 Section 71(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 71(3) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 71(3) amended 30 November 1979 Health Amendment Act 1979 71A: Power of constables 1: A constable a: to help a medical officer of health or any person authorised by a medical officer of health in the exercise or performance of powers or functions under section 70 71 b: to help a person to do a thing that a medical officer of health or any person authorised by a medical officer of health has caused or required to be done in the exercise or performance of powers or functions under section 70 71 c: to prevent people from obstructing or hindering a medical officer of health or any person authorised by a medical officer of health in the exercise or performance of powers or functions under section 70 71 d: to prevent people from obstructing or hindering a person doing a thing that a medical officer of health or any person authorised by a medical officer of health has caused or required to be done in the exercise or performance of powers or functions under section 70 71 e: to compel, enforce, or ensure compliance with a requirement made by a medical officer of health or any person authorised by a medical officer of health in the exercise or performance of powers or functions under section 70 71 f: to prevent, or reduce the extent or effect of, the doing of a thing that a medical officer of health or any person authorised by a medical officer of health has forbidden or prohibited in the exercise or performance of powers or functions under section 70 71 2: A constable a: enter into or on any land, building, aircraft, ship, or vehicle: b: inspect any land, building, aircraft, ship, or vehicle, and any thing in or on it: c: whether for the purposes of paragraph (a) or (b) (or both) or in the exercise of a power conferred by subsection (1),— i: stop a ship or vehicle, or a taxiing aircraft; or ii: prevent a stationary aircraft, ship, or vehicle from moving; or iii: prevent an aircraft or ship from departing. 3: Subsection (2) does not limit the generality of subsection (1). 4: A constable 5: Sections 128 129 177 6: A constable Section 71A inserted 19 December 2006 section 7 Health Amendment Act 2006 Section 71A heading amended 1 October 2008 section 116(a)(i) Policing Act 2008 Section 71A(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 71A(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 71A(4) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 71A(5) replaced 1 October 2012 section 330 Search and Surveillance Act 2012 Section 71A(6) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 72: Offences relating to obstructing medical officer of health or people assisting medical officer of health A person commits an offence and is liable on conviction a: threatens, assaults, or intentionally obstructs or hinders a medical officer of health or any person authorised by a medical officer of health in the exercise or performance of powers or functions under section 70 71 b: threatens, assaults, or intentionally obstructs or hinders a constable section 71A c: does anything forbidden by a medical officer of health or any person authorised by a medical officer of health under section 70 71 d: fails or refuses to comply with, or delays complying with, a direction or requirement of a medical officer of health or any person authorised by a medical officer of health given in the exercise of powers or functions under section 70 71 e: does, or delays ceasing to do, a thing prohibited or forbidden by a medical officer of health or any person authorised by a medical officer of health in the exercise of powers or functions under section 70 71 Section 72 replaced 19 December 2006 section 7 Health Amendment Act 2006 Section 72 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 72(b) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 73: Medical officer of health may cause sanitary works to be undertaken 1: Without limiting the liability of any person for an offence under the last preceding section, if any offence under that section consists in not doing any sanitary work or in failing to remedy any sanitary defect the medical officer of health may himself cause the work to be done or the defect to be remedied at the expense in all things of the offender. 2: All such expenses shall be recoverable as a debt due to the Crown. 1920 No 45 s 78 Section 73(2) replaced 1 July 1993 section 19 Health Amendment Act 1993 74: Health practitioners 1: Every health practitioner a: in the case of a notifiable infectious disease, forthwith inform the occupier of the premises and every person nursing or in immediate attendance on the patient of the infectious nature of the disease and the precautions to be taken, and forthwith give notices in the prescribed form to the medical officer of health, and, if the disease is specified in section A Schedule 1 b: in the case of a notifiable disease other than a notifiable infectious disease, forthwith give notice in the prescribed form to the medical officer of health. 2: 3: Every health practitioner 3A: A health practitioner who gives notice of a notifiable disease under subsection (1) or (3) must not disclose identifying information of the patient or deceased person if the disease is specified in section C of Part 1 of Schedule 1 3B: Despite subsection (3A), a medical officer of health may require a health practitioner to disclose identifying information of the patient or deceased person if disclosure of the identifying information is necessary to respond effectively to a public health risk. 3C: In this section and section 74AA identifying information a: the person’s name, address, and place of work or education; and b: any other information required by regulations made under this Act. 4: Every health practitioner 5: 1920 No 45 s 79 Section 74 heading amended 4 January 2017 section 7(1) Health (Protection) Amendment Act 2016 Section 74(1) amended 4 January 2017 section 7(2) Health (Protection) Amendment Act 2016 Section 74(1)(a) amended 4 January 2017 section 7(3) Health (Protection) Amendment Act 2016 Section 74(1)(a) amended 6 December 1962 Health Amendment Act 1962 Section 74(2) repealed 1 July 1993 section 20(1) Health Amendment Act 1993 Section 74(3) amended 4 January 2017 section 7(2) Health (Protection) Amendment Act 2016 Section 74(3A) inserted 4 January 2017 section 7(4) Health (Protection) Amendment Act 2016 Section 74(3B) inserted 4 January 2017 section 7(4) Health (Protection) Amendment Act 2016 Section 74(3C) inserted 4 January 2017 section 7(4) Health (Protection) Amendment Act 2016 Section 74(4) amended 4 January 2017 section 7(2) Health (Protection) Amendment Act 2016 Section 74(5) repealed 22 January 1996 section 3(3) Health and Disability Services Amendment Act 1995 74AA: Medical laboratories to give notice of cases of notifiable disease 1: The person in charge of a medical laboratory must take all reasonably practicable steps to ensure that there are in place in it efficient systems for reporting to him or her (or to any other person for the time being in charge of it) the results of a test or other procedure undertaken in it that indicate that a person or thing is, has been, or may be or have been, infected with a notifiable disease. 2: The person for the time being in charge of a medical laboratory to whom results are reported under subsection (1) (or who himself or herself becomes aware of results of a kind to which that subsection applies) must immediately tell the health practitioner for whom the test or other procedure concerned was undertaken, and the medical officer of health, of the infectious nature of the disease concerned. 2A: A person in charge of a medical laboratory who gives notice of a notifiable disease under subsection (2) must not disclose identifying information of a person who is, or has been, or may be or may have been, infected with a disease specified in section C of Part 1 of Schedule 1 2B: Despite subsection (2A), a medical officer of health may require a person in charge of a medical laboratory to disclose identifying information of the person who is, or has been, or may be or may have been, infected with a disease if disclosure of the identifying information is necessary to respond effectively to a public health risk. 3: A person who fails to comply with subsection (2)— a: commits an offence against this Act; and b: is liable on conviction Section 74AA inserted 18 December 2007 section 8 Health Amendment Act 2006 Section 74AA(2A) inserted 4 January 2017 section 8 Health (Protection) Amendment Act 2016 Section 74AA(2B) inserted 4 January 2017 section 8 Health (Protection) Amendment Act 2016 Section 74AA(3)(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011 74A: National Cervical Screening Register Section 74A repealed 7 March 2005 section 3 Health (National Cervical Screening Programme) Amendment Act 2004 74B: Medical laboratories may be required to give notice of cases of disease during epidemic 1: Before the commencement of section 8 of the Health Amendment Act 2006 section 74AA 2: Unless the notice provides that section 74AA 3: While the notice is in force, every provision of this Act (other than this section) has effect— a: as if section 74AA b: as if the references in that section to a notifiable disease were references to the quarantinable disease stated in the notice (or, if 2 or more notices are in force, to the quarantinable diseases stated in the notices). 4: The fact that the notice has expired does not affect any criminal or civil liability arising while it was in force. Section 74B inserted 19 December 2006 section 9 Health Amendment Act 2006 Section 74B(1) amended 13 December 2021 section 9 Health (Fluoridation of Drinking Water) Amendment Act 2021 74C: Priorities for medicines 1: The Director-General may at any time devise policies determining the priorities with which supplies of medicines that are under the control of the Crown or a Crown entity are to be dispensed during outbreaks of quarantinable diseases. 2: While an epidemic notice is in force,— a: the Director-General may, if satisfied that there is or is likely to be a shortage of medicines because of the outbreak of the disease stated in the epidemic notice, in accordance with a policy devised under subsection (1) for the medicines, by notice b: every person administering, dispensing, prescribing, or supplying medicines stated in the notice that are under the control of the Crown or a Crown entity must— i: comply with the priorities; and ii: comply with any conditions, stated in the notice. 3: A notice under subsection (2) must state whether it applies to— a: all persons administering, dispensing, prescribing, or supplying the medicines concerned; or b: particular classes of person administering, dispensing, prescribing, or supplying the medicines concerned; or c: particular persons administering, dispensing, prescribing, or supplying the medicines concerned. 4: A notice under subsection (2) may relate to any medicine, whether or not it can be used in relation to the disease stated in the epidemic notice. 5: The Director-General must publish every policy; but may do so by making it available on the Internet. 6: In this section, medicine 7: A notice under subsection (2) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 74C inserted 19 December 2006 section 9 Health Amendment Act 2006 Section 74C(2)(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 74C(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 74D: Redirection of aircraft 1: While an epidemic management notice providing for medical officers of health to do so is in force, a medical officer of health may by written or oral notice (in the case of an oral notice, whether given face-to-face or by radio) require the pilot in charge of an aircraft that has landed at a place in New Zealand to travel, as soon as practicable, to another stated place in New Zealand. 2: The medical officer of health must not give the notice unless satisfied— a: that— i: the disease stated in the epidemic management notice has or is likely to have broken out in a place the aircraft has come from (whether directly, or via other places); or ii: the disease has or is likely to have broken out in the place where the aircraft has landed; or iii: the aircraft is or is likely to be carrying people infected with the disease; and iv: the aircraft or anything in it is or is likely to be contaminated with the disease; and b: measures necessary to deal with the situation can more practicably be carried out at the other place. Section 74D inserted 19 December 2006 section 9 Health Amendment Act 2006 75: Duty of occupier of premises as to infectious disease 1: When any person is suffering from any sickness of which the symptoms create a reasonable suspicion that it is a notifiable infectious disease, it shall be the duty of the occupier or other person for the time being in charge of the premises in which the first-mentioned person is living to consult a medical practitioner, or to notify the local authority of the district of the existence of a disease suspected to be a notifiable infectious disease. 2: Every person commits an offence against this Act who fails to comply with the provisions of this section. 1920 No 45 s 80 76: Duty of master of vessel in harbour as to infectious disease 1: When any person on board a ship in any harbour is suffering from any sickness of which the symptoms create a reasonable suspicion that it is a notifiable infectious disease, it shall be the duty of the master of the ship to notify the medical officer of health 2: Every such master commits an offence against this Act who fails to comply with the provisions of this section. 1920 No 45 s 81 Section 76(1) amended 1 April 1983 Health Amendment Act 1982 77: Medical officer of health may enter premises The medical officer of health, or any medical practitioner authorised in that behalf by the medical officer of health or by the local authority of the district, may at all reasonable times enter any premises in which he has reason to believe that there is or recently has been any person suffering from a notifiable infectious disease or recently exposed to the infection of any such disease, and may medically examine any person on those premises for the purpose of ascertaining whether that person is suffering or has recently suffered from any such disease. 1920 No 45 s 82 78: Director-General of Health may order post-mortem examination If the death of any person is suspected to have been due to a notifiable disease and the facts relating to the death cannot with certainty be ascertained without a post-mortem examination, or if it is desirable for preventing the occurrence or spread of a notifiable disease that the facts relating to the death of any person should be ascertained, the Director-General of Health may order a post-mortem examination of the body of the deceased person to be made by a medical practitioner. 1920 No 45 s 83 79: Isolation of persons likely to spread infectious disease Section 79 repealed 4 January 2017 section 9 Health (Protection) Amendment Act 2016 80: Offences in respect of infectious or communicable diseases 1: Every person commits an offence against this Act who— a: while to his own knowledge suffering from any infectious disease, wilfully is in any public place without having taken proper precautions against the spread of infection: b: while in charge of any person suffering as aforesaid, takes him into or allows him to be in any public place without having taken proper precautions against the spread of infection: c: while suffering as aforesaid, enters any public conveyance; or, while in charge of any person so suffering, takes him into any public conveyance without in every such case notifying the driver or conductor of the fact. 2: Every person commits an offence against this Act who— a: lends, sells, transmits, or exposes any things which to his knowledge have been exposed to infection from any communicable disease, unless they have first been effectively disinfected, or proper precautions have been taken against spreading the infection: b: lets for hire any house or part of a house to be shared or occupied in common by or with any person who to his knowledge is suffering from any communicable disease: c: lets for hire any house or part of a house in which there then is, or within the previous month has been, any person to his knowledge suffering from any communicable disease, unless the house or part thereof, as the case may be, and all things therein liable to infection have been effectively disinfected to the satisfaction of a medical officer of health before the person hiring goes into occupation: d: when letting or negotiating to let to any person for hire any house in which any person suffering from an infectious disease is then living, or any part of any such house, does not disclose that fact. 3: For the purposes of this section, the expression public place section 2 4: For the purposes of this section, the keeper of a lodginghouse or boardinghouse or the licensee or person charged with the management of any premises licensed or deemed to be licensed under the Sale and Supply of Alcohol Act 2012 1920 No 45 ss 85(1)(a)–(c), (3), 86 Section 80(3) amended 1 February 1982 section 51(3) Summary Offences Act 1981 Section 80(4) amended 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 80(4) amended 1 April 1990 section 230(2) Sale of Liquor Act 1989 81: Power of local authority to disinfect premises Where the local authority is of opinion that the cleansing or disinfection of any premises or of any article is necessary for preventing the spread or limiting or eradicating the infection of any infectious disease, the local authority may authorise any environmental health officer 1920 No 45 s 87 Section 81 amended 26 July 1988 section 2(4) Health Amendment Act 1988 82: Medical officer of health may order premises to be disinfected 1: Whenever the medical officer of health is of opinion that the cleansing or disinfection of any premises or of any article is necessary for preventing the spread or limiting or eradicating the infection of any communicable disease, or otherwise for preventing danger to health, or for rendering any premises fit for occupation, he may, by notice in writing, require the local authority of the district to cleanse or disinfect the premises or article within a time specified in the notice. 2: On receipt of a notice under subsection (1) it shall be the duty of the local authority, within the time specified in the notice in that behalf, to cleanse and disinfect the premises or article accordingly. 3: If the local authority fails to carry out any work within the time specified in the notice, or in any other case where the medical officer of health thinks fit to do so, the medical officer of health may authorise any environmental health officer 1920 No 45 s 88 Section 82(3) amended 1 July 1993 section 23 Health Amendment Act 1993 Section 82(3) amended 26 July 1988 section 2(4) Health Amendment Act 1988 83: Infected articles may be destroyed Where any article dealt with by a local authority or any environmental health officer section 81 section 82 environmental health officer 1920 No 45 s 89 Section 83 amended 26 July 1988 section 2(4) Health Amendment Act 1988 84: Establishment of mortuaries and disinfecting stations 1: Any local authority may a: provide, equip, and maintain places for the reception of dead bodies ( mortuaries Coroners Act 2006 b: provide, equip, and maintain disinfecting and cleansing stations, plant, equipment, and attendance for the cleansing of persons and for the disinfection of bedding, clothing, or other articles which have been exposed to or are believed to be contaminated with the infection of infectious disease, or which are dirty or verminous: c: provide vehicles for the conveyance of infected articles and any other accommodation, equipment, or articles required for dealing with any outbreak of infectious disease: d: provide disinfectants for public use. 2: No building shall be erected or maintained under the foregoing provisions of this section as a mortuary or as a disinfecting or cleansing station unless the plans and specifications and the site thereof have been approved by the Director-General. 1920 No 45 s 91; 1954 No 55 s 2 Section 84(1) amended 1 July 1993 section 24 Health Amendment Act 1993 Section 84(1) amended 23 November 1973 Health Amendment Act 1973 Section 84(1)(a) replaced 1 July 2007 section 146 Coroners Act 2006 85: Notice of death from infectious disease 1: When any person has died of an infectious disease, the funeral director or other person having charge of the funeral of the deceased shall forthwith, after having been informed of the cause of death and before the removal of the body from the building or other place in which it may then be, give to the medical officer of health notice in the prescribed form and manner of the fact of the death and the cause thereof. 2: 1920 No 45 s 92 Section 85(2) repealed 22 January 1996 section 3(3) Health and Disability Services Amendment Act 1995 86: Duties of local authorities as to burials 1: Where the body of any person who has died is in such a state as to be dangerous to health, the medical officer of health may order the body to be buried forthwith, or within a time limited in the order, and may, if he thinks fit, order that the body, pending burial, be removed to the nearest mortuary. 2: If the order is not complied with, it shall be the duty of the local authority to cause the body to be buried forthwith or to be removed to a mortuary for the purpose of being thence buried. 3: Any order under this section may be complied with on behalf of and at the cost of the local authority by any health protection officer health protection officer 4: If the body is removed to the mortuary, it shall be the duty of the local authority to cause it to be buried. 5: The expenses of the removal and burial of the body by the local authority may be recovered from any person legally liable to pay the expenses of the burial, as a debt due to the local authority. 6: Every person commits an offence against this Act who in any way prevents or obstructs the due and prompt execution of any order under this section or of any of the powers exercisable under this section. 7: In this section, references to burial 1920 No 45 s 93 Section 86(3) amended 26 July 1988 section 2(5) Health Amendment Act 1988 87: Compensation for persons injuriously affected 1: Subject to the provisions of this section, in every case where any building, animal, or thing is destroyed by or by order of the medical officer of health, or a health protection officer 2: The compensation shall not exceed the actual market value of the building, animal, or thing in respect of which the claim is made. 3: If the destruction was necessary by reason of any breach or neglect of duty or of the ordinary rules of sanitary carefulness or cleanliness on the part of the claimant, or of any person for whose acts or default the claimant is responsible, no compensation shall be payable. 4: If the destruction was necessary by reason of any such breach or neglect as aforesaid on the part of the local authority, the compensation shall be payable by that local authority. 5: If the destruction was necessary in the interests of public health, and without any such breach or neglect as aforesaid, the compensation shall be payable out of money to be appropriated by Parliament for the purpose. 6: All questions and disputes relating to claims for compensation shall be heard and determined by the District Court 1920 No 45 s 94 Section 87(1) amended 26 July 1988 section 2(5) Health Amendment Act 1988 Section 87(6) amended 1 March 2017 section 261 District Court Act 2016 87A: Communicable diseases occurring in animals 1: The Governor-General may from time to time by Order in Council specify the communicable diseases to which this section shall apply. 2: Every veterinary surgeon who has reason to believe that any animal professionally attended by him is suffering from a communicable disease to which this section applies shall forthwith give notice in the prescribed form to the medical officer of health. 3: Every person in charge of a laboratory who has reason to believe, as a result of investigations made in that laboratory, that any animal is suffering or has suffered from a communicable disease to which this section applies shall, unless he is satisfied that notice has been given pursuant to subsection (2), forthwith give notice in the prescribed form to the medical officer of health for the health district in which that animal is or was so suffering. 3A: 4: Every person commits an offence against this Act who fails to comply with the provisions of this section. 5: This section shall bind the Crown. 6: Notwithstanding anything in the preceding provisions of this section, or in any Order in Council made hereunder nothing in those provisions shall apply in respect of any animal found to be suffering from a communicable disease in the course of any campaign for the eradication of that disease conducted by or at the instance of the responsible Ministry 7: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 87A inserted 3 November 1964 section 6 Health Amendment Act 1964 Section 87A(3A) repealed 22 January 1996 section 3(3) Health and Disability Services Amendment Act 1995 Section 87A(6) inserted 20 October 1972 Health Amendment Act 1972 Section 87A(6) amended 1 July 1995 section 6(1)(b) Ministry of Agriculture and Fisheries (Restructuring) Act 1995 Section 87A(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Venereal disease Heading repealed 4 January 2017 section 10 Health (Protection) Amendment Act 2016 88: Persons suffering from venereal disease to undergo treatment Section 88 repealed 4 January 2017 section 10 Health (Protection) Amendment Act 2016 89: Duty of medical practitioner as to patient suffering from venereal disease Section 89 repealed 4 January 2017 section 10 Health (Protection) Amendment Act 2016 90: Treatment of children Section 90 repealed 4 January 2017 section 10 Health (Protection) Amendment Act 2016 91: Persons other than medical practitioners treating venereal disease Section 91 repealed 4 January 2017 section 10 Health (Protection) Amendment Act 2016 92: Infecting any person with venereal disease Section 92 repealed 4 January 2017 section 10 Health (Protection) Amendment Act 2016 3A: Management of infectious diseases Part 3A replaced 4 January 2017 section 11 Health (Protection) Amendment Act 2016 1: Overarching principles Subpart 1 heading inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92A: Principles to be taken into account 1: The principles set out in sections 92C to 92H 2: Nothing in sections 92C to 92H 3: To avoid doubt, an individual undertaking contact tracing in response to a request under section 92ZZD(2) Section 92A replaced 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92B: Paramount consideration The paramount consideration in the application of the principles in sections 92C to 92H Section 92B replaced 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92C: Respect for individuals 1: An individual must be treated with respect for the dignity of the individual when any functions, duties, or powers are exercised or performed in relation to him or her under this Part. 2: The person exercising or performing the functions, duties, or powers must take into account any known special circumstances or vulnerabilities of the individual, to the extent that the protection of public health permits this to be done. Section 92C replaced 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92D: Voluntary compliance 1: If an individual poses a public health risk, and that risk can be prevented or minimised by the individual’s voluntary compliance with certain measures, the individual must be given the opportunity to voluntarily comply with those measures before measures under this Part are applied to the individual. 2: A person or court exercising or performing any functions, duties, or powers under this Part must take into account whether the individual has had an opportunity to minimise the risk of transmitting the infectious disease, and whether he or she has done so, or the extent to which he or she has done so, particularly in response to— a: any directions given to the individual: b: any request or instruction from a medical practitioner, medical officer of health, or health protection officer. 3: Individuals and communities should be encouraged to take responsibility for their own health and, to that end, to participate in decisions about how to protect and promote their own health and the health of their communities. Section 92D replaced 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92E: Individual to be informed A person exercising or performing any functions, duties, or powers in relation to an individual under this Part must, so far as is practicable in the circumstances, promptly inform the individual, in a way that the individual is most likely to understand, about— a: the nature of the functions, duties, or powers being exercised or performed and their implications for the individual: b: any steps planned to be taken in respect of the individual: c: any right of the individual to appeal against the exercise or performance of the functions, duties, or powers and to apply for judicial review. Section 92E replaced 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92F: Principle of proportionality Measures applied to an individual under this Part must— a: be proportionate to the public health risk sought to be prevented, minimised, or managed; and b: not be made or taken in an arbitrary manner. Section 92F replaced 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92G: Least restrictive alternative In any case where this Part enables alternative measures to be applied to an individual, preference must be given to the least restrictive measure that, in the judgment of the person or court concerned, will achieve the objective of minimising the public health risk posed by the individual. Section 92G replaced 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92H: Measures to apply no longer than necessary Measures applied to an individual under this Part must not be applied longer than is necessary to prevent or minimise the public health risk that the individual poses. Section 92H replaced 4 January 2017 section 11 Health (Protection) Amendment Act 2016 2: Directions Subpart 2 heading inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92I: Medical officer of health may give directions to individual posing public health risk 1: This section applies if a medical officer of health believes on reasonable grounds that an individual poses a public health risk. 2: The medical officer of health may give the individual any direction or directions listed in subsection (4) that the medical officer of health thinks are necessary to prevent or minimise the public health risk posed by the individual. 3: If the disease that the individual is believed to have is not a notifiable infectious disease, every direction given to the individual must have the prior approval of the Director-General. 4: The medical officer of health may direct the individual to— a: participate in any of the following that are conducted by a health provider: i: counselling: ii: education: iii: other activities related to the infectious disease: b: refrain from carrying out specified activities (for example, undertaking employment, using public transport, or travelling within and outside New Zealand) either absolutely or unless stated conditions are observed: c: refrain from going to specified places either absolutely or unless stated conditions are observed: d: refrain from associating with specified persons or specified classes of persons: e: take specified actions to prevent or minimise the public health risk posed by the individual: f: stay, at all times or at specified times, at a specified place of residence, subject to specified conditions: g: accept supervision by a named person or a person for the time being holding a named office, including, without limitation,— i: attending meetings arranged by that person; and ii: providing that person with information on any action, occurrence, or plan that is relevant to the public health risk posed by the individual: h: comply with instructions to prevent the spread of the infectious disease. 5: In no case may a direction require an individual to submit to compulsory treatment. 6: Subsection (7) applies if a direction requires an individual to refrain from carrying out a specified activity either absolutely or unless stated conditions are observed and a medical officer of health believes on reasonable grounds that the persons responsible for the activity need to be informed in order to prevent or minimise the public health risk posed by the individual. 7: The medical officer of health may contact any person who occupies a position of responsibility in relation to the activity and tell that person about 1 or more of the following matters: a: the direction: b: the public health risk posed by the individual’s engagement in the activity: c: ways of minimising that public health risk. 8: If the Director-General so requires, the medical officer of health must send him or her a copy of all or any of the directions given by the medical officer of health under this section. 9: Despite anything in the Privacy Act 2020 a: the person required to provide the information must comply with the requirement and be advised that the information must be provided for the effective management of infectious diseases; and b: nothing in this section limits the right of an individual to access or disclose information about him or her under that Act or any other Act. Section 92I replaced 4 January 2017 section 11 Health (Protection) Amendment Act 2016 Section 92I(9) amended 1 December 2020 section 217 Privacy Act 2020 92J: Medical officer of health may give directions to contacts of individuals posing public health risk 1: This section applies if a medical officer of health believes on reasonable grounds that— a: an individual has been in contact with a person who has, or may have, an infectious disease; and b: if the disease has been transmitted to the individual, the individual poses, or is likely to pose, a public health risk. 2: The medical officer of health may give the individual any 1 or more directions listed in subsection (4) that the medical officer of health thinks are necessary to prevent or minimise the public health risk posed by the individual. 3: If the disease that the individual is believed to have is not a notifiable infectious disease, every direction given to the individual must have the prior approval of the Director-General. 4: The medical officer of health may direct the individual to— a: participate in any of the following that are conducted by a health provider: i: counselling: ii: education: iii: other activities related to the infectious disease: b: refrain from carrying out specified activities (for example, undertaking employment, using public transport, or travelling within and outside New Zealand) either absolutely or unless stated conditions are observed: c: refrain from going to specified places either absolutely or unless stated conditions are observed: d: refrain from associating with specified persons or specified classes of persons: e: take specified actions to prevent or minimise the public health risk posed by the individual: f: stay, at all times or at specified times, at a specified place of residence, subject to specified conditions: g: accept supervision by a named person or a person for the time being holding a named office, including, without limitation,— i: attending meetings arranged by that person; and ii: providing that person with information on any action, occurrence, or plan that is relevant to the public health risk posed by the individual: h: comply with instructions to prevent the spread of the infectious disease. 5: In no case may a direction require an individual to submit to compulsory treatment. 6: Subsection (7) applies if a direction requires an individual to refrain from carrying out a specified activity either absolutely or unless stated conditions are observed and a medical officer of health believes on reasonable grounds that the persons responsible for the activity need to be informed in order to prevent or minimise the public health risk posed by the individual. 7: The medical officer of health may contact any person who occupies a position of responsibility in relation to the activity and tell that person about 1 or more of the following matters: a: the direction: b: the public health risk posed by the individual’s engagement in the activity: c: ways of minimising that public health risk. 8: If the Director-General so requires, the medical officer of health must send him or her a copy of all or any of the directions given by the medical officer of health under this section. 9: Despite anything in the Privacy Act 2020 a: the person required to provide the information must comply with the requirement and be advised that the information must be provided for the effective management of infectious diseases; and b: nothing in this section limits the right of an individual to access or disclose information about him or her under that Act or any other Act. Section 92J replaced 4 January 2017 section 11 Health (Protection) Amendment Act 2016 Section 92J(9) amended 1 December 2020 section 217 Privacy Act 2020 92K: Direction for medical examination 1: This section applies if a medical officer of health believes on reasonable grounds that— a: an individual may have an infectious disease (for example, because the individual has been in contact with a person who has an infectious disease); and b: the individual’s medical practitioner or a medical officer of health has requested the individual to undergo, within a specified period, a medical examination to establish whether the individual has the infectious disease; and c: the individual has not undergone that examination within that period; and d: if the individual has the infectious disease, the individual poses a public health risk. 2: The medical officer of health may direct the individual to undergo 1 or more medical examinations and may specify the places where those examinations are to be conducted and the health providers who are to conduct them. 3: The medical officer of health may also direct the individual, until those examinations are completed, to— a: participate in any of the following that are conducted by a health provider: i: counselling: ii: education: iii: other activities related to the infectious disease: b: refrain from carrying out specified activities (for example, undertaking employment, using public transport, or travelling within and outside New Zealand) either absolutely or unless stated conditions are observed: c: refrain from going to specified places either absolutely or unless stated conditions are observed: d: refrain from associating with specified persons or specified classes of persons: e: take specified actions to prevent or minimise the public health risk posed by the individual: f: stay, at all times or at specified times, at a specified place of residence, subject to specified conditions: g: accept supervision by a named person or a person for the time being holding a named office, including, without limitation,— i: attending meetings arranged by that person; and ii: providing that person with information on any action, occurrence, or plan that is relevant to the public health risk posed by the individual: h: comply with instructions to prevent the spread of the infectious disease. 4: In no case may a direction require an individual to submit to compulsory treatment. 5: Subsection (6) applies if a direction requires an individual to refrain from carrying out a specified activity either absolutely or unless stated conditions are observed and a medical officer of health believes on reasonable grounds that the persons responsible for the activity need to be informed in order to prevent or minimise the public health risk posed by the individual. 6: The medical officer of health may contact any person who occupies a position of responsibility in relation to the activity and tell that person about 1 or more of the following matters: a: the direction: b: the public health risk posed by the individual’s engagement in the activity: c: ways of minimising that public health risk. 7: Any medical examination an individual is directed to undergo must be— a: in accordance with current best practice in diagnosing the presence of, or immunity to, the infectious disease; and b: the least invasive type of examination that is necessary to establish whether the individual has, or is immune to, the infectious disease. 8: The medical officer of health must send to the Director-General a copy of every direction given under this section. 9: Despite anything in the Privacy Act 2020 a: the person required to provide the information must comply with the requirement and be advised that the information must be provided for the effective management of infectious diseases; and b: nothing in this section limits the right of an individual to access or disclose information about him or her under that Act or any other Act. Section 92K replaced 4 January 2017 section 11 Health (Protection) Amendment Act 2016 Section 92K(9) amended 1 December 2020 section 217 Privacy Act 2020 92L: Direction to close educational institutions 1: This section applies if a medical officer of health believes on reasonable grounds that— a: 1 or more persons attending an educational institution have, or may have, an infectious disease; and b: there is a substantial risk that the infectious disease will be transmitted to other persons attending the educational institution; and c: the risk of the infectious disease being transmitted to other persons attending the educational institution cannot be adequately managed solely by giving directions to the individual with the infectious disease. 2: The medical officer of health may give a direction to the person in charge of the educational institution to— a: direct persons attending the educational institution to stay away from its property until further notice: b: close part of the educational institution: c: close the entire educational institution. 3: The medical officer of health must not give a direction under subsection (2) without first consulting the person in charge of the educational institution. 4: If the Director-General so requires, the medical officer of health must send him or her a copy of all or any of the directions given by the medical officer of health under this section. Section 92L replaced 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92M: Director-General may require copies of directions given under this Part The Director-General may from time to time require a medical officer of health to provide him or her with a report on any directions given by the medical officer of health under this Part. Section 92M inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 General provisions concerning directions and notices Heading inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92N: Written directions and notices to be served on individual 1: A direction or notice under this Part must be in writing and must be served on the individual to whom it is given. 2: If the person to whom the direction or notice relates is under the age of 16 years or lacks legal capacity, a medical officer of health or a health protection officer must serve the direction or notice on the parent, guardian, or other person in charge of the person to whom the direction or notice relates. 3: However, if it is not reasonably practicable in the circumstances to serve the direction or notice on the individual in person, alternative steps must be taken to bring the direction to the attention of the individual as soon as possible. 4: In this section, notice Section 92N inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92O: Duration of directions 1: When giving a direction under this Part, a medical officer of health must specify the period for which the direction is to remain in effect. 2: A direction given by the medical officer of health must not remain in effect for more than 6 months, unless the direction is extended under section 92Q 3: A direction ceases to have effect at the close of the earliest of the following days: a: the last day of the period stated in the direction or in the extension of the direction: b: the day (if any) on which the medical officer of health rescinds the direction under section 92S c: the day (if any) on which the direction is cancelled on appeal under section 92T d: the day (if any) on which the medical examinations required by a direction under section 92K(2) Section 92O inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92P: Medical officer of health must review directions A medical officer of health must— a: regularly review each direction that is in effect in the health district or districts for which the officer is responsible; and b: consider whether the direction is still required; and c: rescind the direction under section 92S d: if directed by the Director-General to do so, advise the Director-General why the direction needs to continue in effect. Section 92P inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92Q: Directions may be extended 1: A medical officer of health may at a reasonable time before the expiry of a direction, by notice to the individual concerned, extend the direction for a period of not more than 6 months if he or she is satisfied that the conditions for giving the direction continue to be satisfied. 2: The medical officer of health may extend the direction on 1 or more occasions. Section 92Q inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92R: Repeated directions may be given A direction under this Part may be given to an individual on 1 or more occasions. Section 92R inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92S: Directions may be varied or rescinded A medical officer of health may at any time, by notice to the individual concerned, vary or rescind a direction previously given. Section 92S inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92T: Appeal against directions 1: An individual who is required to comply with a direction may appeal to the District Court against— a: the direction, or any part of the direction: b: a variation of the direction: c: an extension of the direction. 2: On the appeal, the District Court may confirm, vary, or cancel the direction, variation, or extension. 3: The filing of the appeal does not affect the direction, variation, or extension unless the District Court otherwise orders. 4: A party to an appeal under this section may appeal against the court’s determination of the appeal in accordance with section 72 Section 92T inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92U: Confidentiality Despite anything in the Privacy Act 2020 Section 92U inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 Section 92U amended 1 December 2020 section 217 Privacy Act 2020 Compliance with directions Heading inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92V: Offence for failing to comply with directions An individual commits an offence and is liable on conviction to a fine not exceeding $2,000 who, without reasonable excuse, fails to comply with a direction given by a medical officer of health under this Part. Section 92V inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92W: Offence to obstruct compliance with directions 1: This section applies to— a: a parent, guardian, or person in charge of an individual aged under 16 years; and b: a person in charge of an individual who is lacking in legal capacity. 2: A person to whom this section applies commits an offence who intentionally obstructs that other individual's compliance with a direction given by a medical officer of health under this Part. 3: A person who commits an offence against subsection (2) is liable on conviction to a fine not exceeding $2,000. Section 92W inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92X: Duty of care relating to individuals under 16 years and persons lacking in legal capacity 1: This section applies to— a: a parent, guardian, or person in charge of an individual aged under 16 years; and b: a person in charge of an individual who is lacking in legal capacity. 2: If the individual aged under 16 years or lacking in legal capacity is suffering from any infectious disease, the person to whom this section applies must take reasonable steps and care to— a: ensure that the individual is professionally attended by a medical practitioner, and facilitate diagnosis and treatment; and b: prevent or minimise the risk of transmission of the disease by the individual. 3: Nothing in this section limits or affects the operation of any provisions of the Protection of Personal and Property Rights Act 1988 Section 92X inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92Y: Force not permissible In no case may force be used to secure compliance with a direction. Section 92Y inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 3: Orders Subpart 3 heading inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 Public health orders Heading inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92Z: District Court may make public health order On an application by a medical officer of health, the District Court may make a public health order in respect of an individual if the court is satisfied that the individual poses a public health risk. Section 92Z inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92ZA: Public health order may impose certain requirements on individual 1: The District Court may, in making a public health order, impose on an individual any 1 or more of the following requirements the court thinks are necessary to prevent or minimise the public health risk posed by the individual: a: to be detained, at all times or at specified times, in a hospital or other suitable place or in specified parts of the hospital or place: b: to stay, at all times or at specified times, at a specified place of residence: c: to refrain from carrying out specified activities (for example, undertaking employment, using public transport, or travelling within and outside New Zealand) either absolutely or unless stated conditions are observed: d: to be supervised by a named person or by a person for the time being holding a named office, including, without limitation,— i: attending meetings arranged by that person; and ii: providing that person with information on any action, occurrence, or plan that is relevant to the public health risk posed by the individual: e: after the views of the individual have been taken into account, to be subject to public health surveillance, with or without the aid of electronic communication devices, by a named person or by a person for the time being holding a named office or by a named organisation: f: to be treated for the infectious disease by a specified health provider: g: to participate in any of the following that are conducted by a health provider: i: counselling: ii: education: iii: other activities related to the infectious disease: h: to refrain from going to specified places either absolutely or unless stated conditions are observed: i: to refrain from associating with specified persons or specified classes of persons: j: to take specified actions to prevent or minimise the public health risk posed by the individual. 2: Before the court imposes a requirement of the kind described in subsection (1)(f), the court must be satisfied that, short of detaining the individual indefinitely, treating him or her is the only effective means of managing the public health risk posed by the individual. 3: If an order requires an individual to be detained in a hospital or other place operated by Health New Zealand, Health New Zealand 4: The court may impose any requirement specified in subsection (1) subject to any conditions or restrictions that the court considers appropriate. Section 92ZA inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 Section 92ZA(3) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 92ZB: Matters that District Court may take into account in assessing public health risk In assessing, for the purposes of an application for a public health order, whether an individual poses a public health risk, the District Court may, without limitation, take into account— a: the infectious disease that the individual has or may have: b: if the individual has had an opportunity to minimise the risk of communicating the infectious disease, whether he or she has done so, or the extent to which he or she has done so, and, in particular,— i: if directions have been given to the individual, whether the individual has complied with, or the extent to which the individual has complied with, those directions: ii: if a medical practitioner, medical officer of health, person acting under the direction of a medical officer of health, or health protection officer has requested the individual to take steps to prevent or minimise the risk, whether the individual has responded to those requests or the extent to which the individual has responded to those requests. Section 92ZB inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92ZC: Duration of public health order 1: When making a public health order under section 92Z 2: A public health order must not remain in effect for more than 6 months, unless the order is extended under section 92ZD 3: A public health order ceases to have effect at the close of the earliest of the following days: a: the last day of the period stated in the order or in the extension of the order or, if no period is stated in the order, the day that is 6 months after the date on which the order is made: b: the day (if any) on which the court cancels the order under section 92ZR c: the day (if any) on which the order is cancelled on appeal under section 92ZT 92ZU d: the day (if any) on which the Registrar cancels the order after being satisfied that the medical officer of health has certified that the order is no longer necessary to manage the public health risk posed by the individual. 4: A requirement imposed by a public health order under section 92ZA a: the day on which the order ceases to have effect: b: the day (if any) on which the Registrar cancels the order after being satisfied that the medical officer of health has certified that the requirement is no longer necessary to manage the public health risk posed by the individual. Section 92ZC inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92ZD: Public health order may be extended 1: The District Court may, at a reasonable time before the expiry of a public health order made under section 92Z 2: The court may extend the public health order on 1 or more occasions. Section 92ZD inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92ZE: Relationship between directions and public health orders 1: The District Court may make a public health order that corresponds to, or differs from, any direction previously given. 2: Any direction previously given to an individual ceases to have effect when a public health order is made in respect of that individual. 3: However, the making of a public health order in respect of an individual does not of itself cancel a direction for a medical examination under section 92K section 92ZH 4: A medical officer of health may not give a direction under this Part to an individual while a public health order made in respect of that individual is in force. 5: However, nothing in this section or in any other provision of this Part requires a prior direction before a public health order may be made. Section 92ZE inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 Urgent public health orders Heading inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92ZF: Medical officer of health may make urgent public health order 1: This section applies if a medical officer of health believes on reasonable grounds that— a: an individual poses a public health risk; and b: the medical officer of health cannot adequately manage the public health risk by giving the individual a direction; and c: to address the risk, the medical officer of health needs to take urgent action; and d: it is not practicable to wait for the District Court to determine an application for a public health order. 2: The medical officer of health may sign and give, or authorise another person to give, the individual an urgent public health order that requires the individual to be detained at specified premises or specified parts of premises, subject to any stated conditions. 3: If the infectious disease that the individual is believed to have is not a notifiable disease, the urgent public health order must not be given to the individual without the prior approval of the Director-General. 4: The medical officer of health must write on the order the date and time it is given to the individual. 5: The medical officer of health must send to the Director-General a copy of the urgent public health order. Section 92ZF inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92ZG: Duration of urgent public health order 1: An urgent public health order has effect for 72 hours from the time that it is given to an individual. 2: However, if the District Court determines an application for a public health order in respect of the individual before the close of the 72-hour period, the urgent public health order ceases to have effect on the court’s determination of the application. Section 92ZG inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 Medical examination orders and orders concerning contacts Heading inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92ZH: Medical examination orders 1: The District Court may, on the application of a medical officer of health, make a medical examination order in respect of an individual if the court is satisfied that— a: the individual may have an infectious disease (for example, because the individual is, or has been, in contact with a person who has the infectious disease); and b: the individual’s medical practitioner or a medical officer of health has asked the individual to undergo, within a specified period, a medical examination to establish whether the individual has the infectious disease; and c: the individual has not undergone that examination within that period; and d: the individual poses a public health risk. 2: The medical examination order must direct the individual to undergo whatever medical examinations the medical officer of health considers necessary to establish whether the individual has the infectious disease. 3: The medical examination order may also impose on the individual, until those examinations are completed, any 1 or more of the requirements stated in section 92ZA(1)(b), (c), (d), (h), (i), and (j) 4: The court may impose any requirement referred to in subsection (3) subject to any conditions or restrictions that the court thinks appropriate. 5: If the court makes a medical examination order under this section, any medical examination an individual is directed to undergo must be— a: in accordance with current best practice in diagnosing the presence of, or immunity to, the infectious disease; and b: the least invasive type of examination that is necessary to establish whether the individual has, or is immune to, the infectious disease. 6: The medical examination order ceases to have effect when the medical examination has been completed and it has been established whether the individual has the infectious disease. Section 92ZH inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92ZI: District Court may make public health order contingent on examinations establishing infectious disease 1: When the District Court makes a medical examination order in respect of an individual, the court may also make a public health order under section 92Z 2: The public health order— a: must be made in accordance with section 92Z b: takes effect in accordance with subsection (3). 3: The public health order may provide that it takes effect only if a medical officer of health signs and dates a certificate that states that the individual has undergone the examinations in accordance with the medical examination order and that those examinations establish that the individual has the infectious disease for which he or she has been examined. 4: The order may be sealed only if the Registrar of the court has seen and filed the certificate described in subsection (3). Section 92ZI inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92ZJ: Order for contacts 1: The District Court may, on the application of a medical officer of health, make an order in respect of an individual if the court is satisfied that— a: the individual has been in contact with a person who has, or may have, an infectious disease; and b: if the infectious disease has been transmitted to the individual, the individual poses, or is likely to pose, a public health risk. 2: The order may impose on the individual any of the requirements stated in section 92ZA(1)(b), (c), (d), (h), (i), and (j) 3: The court may impose any requirement referred to in subsection (2) subject to any conditions or restrictions that the court considers appropriate. 4: If the terms of the order provide that the order may be brought to an end if the medical officer of health certifies to a Registrar of the court that the order is no longer necessary to manage the public health risk posed by the individual and the Registrar is satisfied that the medical officer of health has given an appropriate certification,— a: the Registrar must cancel the order; and b: the order ceases to have effect on cancellation. 5: In determining, for the purposes of subsection (4), that the individual no longer poses a public health risk, the medical officer of health must have regard to any known incubation period for the infectious disease. Section 92ZJ inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 Proceedings Heading inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92ZK: Proceedings under this Part in District Court to be heard by Family Court Judges, if practicable 1: The District Court has jurisdiction to hear and determine— a: appeals under this Part against directions given; and b: applications for orders made under this Part. 2: Every proceeding referred to in subsection (1) must, if practicable having regard to the time required and to the availability of Judges and court staff and resources, be heard and determined by a Family Court Judge. 3: Any District Court Judge may hear and determine a proceeding referred to in subsection (1) that cannot practicably be heard and determined by a Family Court Judge. 4: The fact that a District Court Judge exercises jurisdiction under this section is conclusive evidence of the authority of the District Court Judge to do so. 5: Appeals under this section should be heard as soon as practicable. Section 92ZK inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92ZL: Proceedings under this Part not open to public 1: Unless the Judge presiding at a hearing of a proceeding referred to in section 92ZK(1) a: the Judge: b: officers of the court: c: parties to the proceeding and their lawyers and any other person nominated by the individual who is the subject of the proceeding: d: witnesses: e: any other person whom the Judge permits to be present. 2: The parties or their lawyers on their behalf have the right to be heard, present evidence, and cross-examine witnesses in the proceeding. 3: A witness must leave the courtroom if asked to do so by the Judge. 4: The Judge may, by order, restrict or prohibit the public availability of all or any part of the court record and judgment. 5: This section does not limit any other power of the court to hear proceedings in private or to exclude any person from the court. 1992 No 46 s 24 Section 92ZL inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92ZM: District Court may appoint lawyers to act for individuals under 16 years Whenever an individual aged under 16 years or lacking in legal capacity is the subject of an application for an order under this Part, the District Court that hears the application may appoint a lawyer to act for the individual. Section 92ZM inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 General provisions concerning orders Heading inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92ZN: Application for order 1: A medical officer of health may apply to the District Court for an order under this Part in respect of an individual who the medical officer of health believes, on reasonable grounds, poses a public health risk. 2: If the infectious disease that the individual is believed to have is not a notifiable disease, the application must not be made without the prior approval of the Director-General. 3: The medical officer of health must send to the Director-General a copy of the application. Section 92ZN inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92ZO: Prior consultation with individual and individual’s family or whānau 1: If a medical officer of health is considering applying to the District Court for an order under this Part, the medical officer of health must, whenever practicable, consult the individual and may, at the officer's discretion, consult the individual’s family or whānau. 2: The purpose of consultation under subsection (1) is to enable the medical officer of health— a: to ascertain if the need for an order can be avoided by voluntary compliance by the individual and, if the individual agrees, by any assistance on the part of the family or whānau; and b: to ascertain, if an order is required, the extent to which the terms of the order and the way it is implemented can take into account the needs and wishes of the individual without prejudicing the protection of public health. Section 92ZO inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92ZP: Case conferences The consultation under section 92ZO Section 92ZP inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92ZQ: Medical officer of health must review orders 1: A medical officer of health must— a: regularly review each order that is in effect in the health district or districts for which the officer is responsible; and b: consider whether the order is still required; and c: apply to the District Court to cancel the order under section 92ZR d: if directed by the Director-General to do so, advise the Director-General why the order needs to continue in effect. 2: A medical officer of health may apply to the District Court for variation of an order under section 92ZR(2) 3: If, following a review, a medical officer of health wishes to apply for an extension of the duration of an order, the application must be made under section 92ZD Section 92ZQ inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92ZR: District Court may cancel or vary orders 1: The District Court may, on the application of a medical officer of health or of the individual concerned, cancel an order made under this Part if the court is satisfied that the order is no longer required. 2: The court may, on the application of a medical officer of health or of the individual concerned, vary the terms of an order by making a determination that the court is otherwise authorised to make under this Part and that the court considers desirable in the circumstances. 3: If the medical officer of health applies to the court to cancel an order, the order is suspended, and the individual subject to the order ceases to be required to comply with the terms of the order until the court has determined the application to cancel the order. 4: The medical officer of health must send to the Director-General a copy of every application under this section. 5: The court may deal with an application under this section on the papers if the parties agree. Section 92ZR inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92ZS: Confidentiality Despite anything in the Privacy Act 2020 Section 92ZS inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 Section 92ZS amended 1 December 2020 section 217 Privacy Act 2020 4: Appeals and enforcement Subpart 4 heading inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92ZT: Appeals to High Court 1: A medical officer of health and an individual in respect of whom an order has been made under this Part (other than an urgent public health order made under section 92ZF 2: The medical officer of health may appeal against the dismissal of an application under this Part or against the District Court’s refusal to make an order, or impose a requirement, sought in the application. 3: The individual may appeal against— a: the order, or any part of the order: b: a variation of the order: c: an extension of the order. 4: Subject to subsection (5), the High Court Rules and sections 74 to 78 section 72 5: On the without notice application of the appellant, the District Court may order that the appellant is not required under section 74(1) 6: Subject to section 92ZU 7: The medical officer of health must send to the Director-General a copy of every notice of appeal under this section. 8: Appeals under this section should be heard as soon as practicable. Section 92ZT inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92ZU: Appeals to Court of Appeal 1: A party to any appeal under section 92ZT 2: On an appeal to the Court of Appeal under this section, the Court of Appeal has the same power to adjudicate on the proceedings as the High Court had. 3: The decision of the Court of Appeal on an appeal to that court under this section, and on an application to it under this section for leave to appeal, is final. 4: Appeals under this section should be heard as soon as practicable. Section 92ZU inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92ZV: Enforcement of order by medical officer of health 1: A medical officer of health may require an individual to comply with an order made under this Part that imposes requirements on the individual, and in doing so may be assisted by any number of assistants (who may be or include constables) and use any force that is reasonable in the circumstances. 2: However, in no case may force be used to require an individual to accept medical treatment. 3: The medical officer of health must promptly advise the Director-General of any force used for the purpose of requiring an individual to comply with an order. Section 92ZV inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92ZW: Offence not to comply with order 1: An individual commits an offence who, without reasonable excuse, intentionally fails to comply with an order made under this Part that is binding on the individual. 2: An individual who commits an offence against this section is liable on conviction to a term of imprisonment not exceeding 6 months or to a fine not exceeding $2,000. 3: The District Court may, instead of imposing a sentence, make an order under one or both of sections 92Z 92ZH 4: This section does not limit the power of the District Court to punish the failure or refusal to comply with an order made by a court as a contempt of court. Section 92ZW inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92ZX: Offence to obstruct compliance with order 1: This section applies to— a: a parent, guardian, or person in charge of an individual aged under 16 years; and b: a person in charge of an individual who is lacking in legal capacity. 2: A person to whom this section applies commits an offence who intentionally obstructs that other individual’s compliance with an order made under this Part. 3: A person who commits an offence against subsection (2) is liable on conviction to a fine not exceeding $2,000. Section 92ZX inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 5: Contact tracing Subpart 5 heading inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92ZY: Purpose of contact tracing The purpose of contact tracing is to obtain information about the contacts of persons with infectious diseases or suspected of having infectious diseases in order to— a: identify the source of the infectious disease or suspected infectious disease: b: make the contacts aware that they too may be infected, thereby encouraging them to seek testing and treatment if necessary: c: limit the transmission of the infectious disease or suspected infectious disease. Section 92ZY inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92ZZ: What contact tracing involves Contact tracing, in respect of an individual with an infectious disease or suspected of having an infectious disease, involves— a: ascertaining the identity of each of the individual’s contacts; and b: communicating with each contact, so far as this is practicable and appropriate; and c: ascertaining the circumstances in which the infectious disease or suspected infectious disease may have been transmitted to or by the contact; and d: providing information and advice to the contact about the risks that the contact faces because of his or her exposure to the infectious disease or suspected infectious disease, including, where appropriate, advice about— i: medical examinations for the infectious disease or suspected infectious disease; and ii: the risk that the contact may have transmitted the infectious disease or suspected infectious disease to others; and iii: the risk that the contact may pose to others; and iv: appropriate exclusion, treatment, and prophylaxis; and e: obtaining information about the contacts of that contact, including information required under section 92ZZC Section 92ZZ inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92ZZA: Who may be contact tracer 1: For the purposes of this Part, in any case involving proposed or actual contact tracing in respect of an individual, the contact tracer a: medical officer of health: b: health protection officer: c: person suitably qualified in health or community work who is nominated to undertake contact tracing by Health New Zealand 2: To avoid doubt, nothing in this Part makes it unlawful to undertake contact tracing otherwise than under this Part. Section 92ZZA inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 Section 92ZZA(1)(c) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 92ZZB: Appropriateness of contact tracing 1: The contact tracer may form the view that contact tracing in respect of an individual with an infectious disease or suspected of having an infectious disease should be undertaken if the contact tracer considers that the purpose of contact tracing is likely to be achieved by doing so. 2: If the contact tracer is a medical officer of health, he or she may take into account any recommendation made by the individual’s medical practitioner. Section 92ZZB inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92ZZC: Duty of individual with infectious disease to provide information about contacts 1: If the contact tracer has, under section 92ZZB 2: Before requiring an individual under subsection (1), the contact tracer must inform the individual of the reasons for the requirement. 3: An individual with an infectious disease or suspected of having an infectious disease must, if required by the contact tracer, provide information about— a: those people with whom he or she is, and has been, in contact: b: the circumstances in which he or she believes he or she contracted, or may have transmitted, the infectious disease. 4: For the purposes of subsection (3), the information the individual with an infectious disease or suspected of having an infectious disease may be required to provide about each person with whom he or she has been in contact includes— a: the name of each contact: b: the age of each contact: c: the sex of each contact: d: the address and other contact details of each contact: e: any other information required by regulations made under this Act. 5: If the individual is under 16 years of age, or lacks legal capacity, or the individual is deceased, the contact tracer may require that the applicable one of the following persons provide the information: a: the parent, guardian, or person in charge of the individual who is under 16 years of age: b: the person in charge of the individual who lacks legal capacity: c: the individual’s legal representative. Section 92ZZC inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92ZZD: Consideration as to whether contact tracing can be undertaken by individual 1: Before requiring information from an individual under section 92ZZC a: the seriousness of the public health risk posed by the individual; and b: the ability and willingness of the individual to undertake the contact tracing. 2: If the contact tracer considers that it would be appropriate for the individual to undertake the contact tracing, the contact tracer must ask the individual to undertake the contact tracing, to the extent of the individual's ability, and to report back to the contact tracer by a time specified by the contact tracer. Section 92ZZD inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92ZZE: When contact tracer may undertake contact tracing 1: This section applies whenever a contact tracer requires an individual to provide information under section 92ZZC a: the contact tracer does not consider that it would be possible or appropriate for the individual to undertake the contact tracing; or b: the contact tracer has asked the individual to undertake the contact tracing, and the contact tracer is not satisfied that the contact tracing has been undertaken or that it has been undertaken adequately. 2: If this section applies, the contact tracer may undertake the contact tracing. 3: The contact tracer must, wherever practicable, inform the individual of the course of action taken under subsection (2). Section 92ZZE inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 92ZZF: Contact tracer may require certain persons to provide information 1: For the purpose of identifying the contacts of an individual who has been given a direction under section 92ZZC 2: The persons are— a: the employer of the individual: b: an educational institution attended by the individual: c: any business or other organisation that the individual has dealt with: d: an event co-ordinator or other person likely to have a list of persons attending an event. 3: A person referred to in subsection (2) must provide information in response to a request made under subsection (1) despite anything in the Privacy Act 2020 4: Despite anything in the Privacy Act 2020 a: the person required to provide the information must comply with the requirement and be advised that the information must be provided for the effective management of infectious diseases; and b: nothing in this section limits the right of an individual to access or disclose information about him or her under that Act or any other Act. Section 92ZZF inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 Section 92ZZF(3) amended 1 December 2020 section 217 Privacy Act 2020 Section 92ZZF(4) amended 1 December 2020 section 217 Privacy Act 2020 92ZZG: Duty of confidentiality 1: A contact tracer who approaches a contact under this Part or approaches a person under section 92ZZF a: transmitted the infectious disease to the contact; or b: exposed the contact to the risk of contracting the infectious disease. 2: Despite anything in the Privacy Act 2020 Section 92ZZG inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 Section 92ZZG(2) amended 1 December 2020 section 217 Privacy Act 2020 92ZZH: Offence to fail to comply with direction to provide required information about contacts 1: A person commits an offence who, having been required to provide information under section 92ZZC 92ZZF a: without reasonable excuse, fails to give the required information; or b: intentionally omits any part of that information or gives any information that the person knows to be false. 2: A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $2,000. Section 92ZZH inserted 4 January 2017 section 11 Health (Protection) Amendment Act 2016 4: Quarantine 93: Port health officers Section 93 repealed 1 April 1983 Health Amendment Act 1982 94: Places of inspection for ships The Minister may from time to time, by notice in the Gazette medical officer of health or health protection officer 1920 No 45 s 95 Section 94 amended 26 July 1988 section 2(5) Health Amendment Act 1988 Section 94 amended 1 April 1983 Health Amendment Act 1982 95: Infected places The Minister may from time to time, by notice in the Gazette 1920 No 45 s 98 96: Ships and aircraft liable to quarantine 1: Except as otherwise provided in any regulations made under this Act, the following ships shall be liable to quarantine: a: every ship arriving in New Zealand from any port beyond New Zealand: b: every ship arriving at any port in New Zealand from any infected place in New Zealand: c: every ship on board which any quarantinable disease, or any disease reasonably believed or suspected to be a quarantinable disease, has broken out or been discovered. 2: Except as otherwise provided in any regulations made under this Act, the following aircraft shall be liable to quarantine: a: every aircraft arriving in New Zealand from any place beyond New Zealand: b: every aircraft arriving at any aerodrome in New Zealand from any infected place in New Zealand. 1920 No 45 s 100 1940 No 17 s 11 97: People liable to quarantine 1: A person is liable to quarantine if he or she is on board, or disembarks from, a craft that is liable to quarantine. 2: This subsection applies to a person liable to quarantine if the medical officer of health believes or suspects, on reasonable grounds,— a: that he or she is infected with a quarantinable disease; or b: that, within the 14 days before he or she arrived in New Zealand, he or she has been exposed to a disease that (whether or not it was a quarantinable disease at the time of the believed or suspected exposure) is a quarantinable disease. Section 97 replaced 19 December 2006 section 10(1) Health Amendment Act 2006 97A: People liable to quarantine to comply with directions and supply information 1: A person who is liable to quarantine— a: must comply with all directions, requirements, or conditions given, made, or imposed by the medical officer of health or a person authorised by the medical officer of health under this Part; and b: must, on request by the medical officer of health or a person authorised by the medical officer of health, give any information the officer believes on reasonable grounds to be necessary to enable the management of risks to public health. 2: In the case of people arriving in New Zealand by craft, the medical officer of health or a person authorised by the medical officer of health may request information under subsection (1)(b) by requiring the person appearing to the officer to be in charge of the craft to collect or supply some or all of it— a: by requiring the person to distribute and collect cards or forms for passengers and crew to fill in; or b: in any other reasonable manner the officer may require. 3: A person required under subsection (2) to collect or supply information must take all reasonably practicable steps to do so promptly. 4: For the purposes of subsection (1)(b), the information that may be requested from a person includes— a: his or her name; and b: his or her recent travel history; and c: his or her recent activities; and d: his or her previous and present addresses, and proposed routes, destinations, and addresses; and e: his or her movements during the 14 days before his or her arrival; and f: whether he or she is experiencing or has recently experienced particular symptoms. 5: Subsection (2) does not limit subsection (1). 6: The medical officer of health or a person authorised by the medical officer of health may obtain from the department of State responsible for keeping it (and the department may supply to the medical officer of health or a health protection officer) any information about a person who is liable to quarantine that the officer believes on reasonable grounds to be necessary to obtain in order to trace the person's movements or discover the contacts the person has had with other people. 7: Subsection (1)(b) does not limit the generality of subsection (1)(a). Section 97A inserted 19 December 2006 section 10(1) Health Amendment Act 2006 97B: Detention of craft and people 1: The medical officer of health, a health protection officer, or a person acting under the written directions of the medical officer of health or a health protection officer, may direct that a craft and its passengers and crew be detained for inspection if— a: the craft has arrived in New Zealand; and b: it appears to the officer that, during the voyage of the craft,— i: a person on it has died, or become ill, from a quarantinable disease; or ii: death not attributable to poison or other measures for destruction has occurred among birds, insects, or rodents on the craft. 2: The medical officer of health or health protection officer must tell the person in charge of the airport or port concerned of any direction he or she gives under subsection (1); and that person must not allow the craft concerned to leave the airport or port until given written notice under section 97C Section 97B inserted 19 December 2006 section 10(1) Health Amendment Act 2006 97C: Lifting of detention of craft The detention of a craft under section 97B Section 97C inserted 19 December 2006 section 10(1) Health Amendment Act 2006 97D: Powers and duties of medical officer of health or health protection officer in relation to quarantinable diseases 1: If a craft arrives in New Zealand carrying a person to whom section 97(2) a: require the person to be examined: b: require to be taken from the person any bodily sample the officer may reasonably require: c: require to be taken from the craft or any thing in or on it any reasonable sample the officer may require: d: require the captain of the craft to take or help take any steps that, in the opinion of the medical officer of health or health protection officer, are reasonably necessary— i: to prevent the spread of infection by the person; or ii: to destroy birds, insects, or rodents; or iii: to remove or abate conditions on the craft likely to convey infection, including conditions that might facilitate the harbouring of vermin. 2: A person whom subsection (1) empowers the medical officer of health or a health protection officer to examine or take a sample from must allow the officer to examine him or her or (as the case requires) take the sample. Section 97D inserted 19 December 2006 section 10(1) Health Amendment Act 2006 97E: Surveillance of certain people liable to quarantine 1: This subsection applies to a person if— a: section 97(2) b: he or she is liable to quarantine and has been quarantined under section 70(1)(f) 2: A person to whom subsection (1) applies must (whether or not he or she is detained under subsection (3)(a) or kept under surveillance at large under subsection (3)(b)) give to the medical officer of health all information he or she reasonably requires to enable the management of risks to public health. 3: The medical officer of health or a health protection officer may cause a person to whom subsection (1) applies— a: to be removed to a hospital or other suitable place and detained under surveillance until the medical officer of health or a health protection officer is satisfied that he or she— i: is not infected with the disease concerned; or ii: is not able to pass that disease on; or b: to be kept under surveillance at large. 4: Detention under subsection (3)(a)— a: must not continue for more than 28 days; and b: must not continue for more than 14 days unless the medical officer of health or a health protection officer has considered the latest information available on the disease concerned, and is satisfied that the person is infected with it and still likely to be able to pass it on. 5: Before being placed under surveillance at large, a person must give an undertaking, in a form prescribed by regulations made under this Act, that he or she will report to the medical officer of health or a medical practitioner at the times and places required. 6: While kept under surveillance at large, a person must— a: present himself or herself for and submit to any medical examination or testing required by the medical officer of health in whose district he or she may be: b: give to the medical officer of health all information he or she reasonably requires to enable the management of risks to public health: c: if instructed to do so by the medical officer of health, do either or both of the following: i: report on arrival in any district to the medical officer of health or to a medical practitioner nominated by the medical officer of health: ii: report in person daily or at stated intervals to the medical officer of health or a medical practitioner nominated by the medical officer of health: d: if he or she leaves for another place, tell the medical officer of health, or the medical practitioner nominated by the medical officer of health, and give details of the address to which he or she is going. Section 97E inserted 19 December 2006 section 10(1) Health Amendment Act 2006 97F: Children and people under disability Every person who has the custody or charge of a child or the role of providing day-to-day care for a child, or has charge of a person who is under disability,— a: must comply with every direction, requirement, or condition given, made, or imposed in respect of the child or person under disability under any of sections 97A to 97E b: must give in respect of the child or person under disability all information required under any of those sections. Section 97F inserted 19 December 2006 section 10(1) Health Amendment Act 2006 97G: Offences against this Part Every person who fails or refuses to comply with any of sections 97A(1) 97A(2) 97B(2) 97D(2) 97E(5) 97E(6) 97F Section 97G inserted 19 December 2006 section 10(1) Health Amendment Act 2006 98: Continuance of liability to quarantine 1: Every ship or aircraft liable to quarantine shall continue to be so liable until pratique is granted. 2: Every person liable to quarantine shall continue to be so liable until he is released from quarantine pursuant to regulations made under this Act. 1920 No 45 s 103 1940 No 17 s 11 99: Restrictions applying while ship liable to quarantine 1: Subject to the provisions of any regulations made under this Act, while any ship is liable to quarantine it shall not be lawful, except in the case of urgent necessity due to a marine casualty or other like emergency, or except with the authority of the medical officer of health or health protection officer,— a: for the master, pilot, or other officer in charge of the navigation of that ship to bring that ship or allow that ship to be brought to any wharf or other landing place; or b: for any person to go on board that ship, except the medical officer of health or health protection officer, and the assistants of any such officer, or a pilot, or an officer of Customs, or a constable Immigration Act 2009 section 15 c: for any person to leave that ship, except the persons specified in paragraph (b); or d: for any goods, mails, or other articles whatsoever to be landed or transhipped from that ship; or e: for any boat, launch, or vessel, other than one in the service of the Police or the Ministry of Health, to be brought within 50 metres of that ship. 2: Any authority given by the medical officer of health or health protection officer under this section may be given subject to such exceptions and conditions as that officer thinks fit, and may be revoked by that officer at any time. Section 99 replaced 1 July 1993 section 28(1) Health Amendment Act 1993 Section 99(1)(b) amended 29 November 2010 section 406(1) Immigration Act 2009 Section 99(1)(b) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 99(1)(b) amended 1 July 1995 section 4(1)(a) Ministry of Agriculture and Fisheries (Restructuring) Act 1995 100: Quarantine signal for ships The master of every ship liable to quarantine shall cause the prescribed quarantine signal to be hoisted at the mainmast head of his ship before she comes within 1 league of any port at which she is about to call, and shall cause the signal to be kept so hoisted until pratique is granted. 1920 No 45 s 105 101: Inspection of ship or aircraft liable to quarantine 1: Subject to the provisions of any regulations made under this Act, the medical officer of health or health protection officer 2: Subject to the provisions of any regulations made under this Act, the medical officer of health or health protection officer 3: Subject to the provisions of any regulations made under this Act, the medical officer of health may examine any person who arrives by any such aircraft and who is suffering from any infectious disease, or is believed or suspected by him, on reasonable grounds, to be suffering from any quarantinable disease or to have been exposed to the infection of a quarantinable disease during such period as may be prescribed by any such regulations. 4: In respect of any such ship, aircraft, or person, the medical officer of health or health protection officer 5: Every person to whom this section applies shall, when required to do so, present himself before the medical officer of health and submit himself to such examination. 6: The master of every such ship, and the pilot in command of every such aircraft, shall facilitate, by all reasonable means, the boarding of the ship or aircraft by the medical officer of health or health protection officer Section 101 replaced 1 April 1983 Health Amendment Act 1982 Section 101(1) amended 26 July 1988 section 2(5) Health Amendment Act 1988 Section 101(2) amended 26 July 1988 section 2(5) Health Amendment Act 1988 Section 101(4) amended 26 July 1988 section 2(5) Health Amendment Act 1988 Section 101(6) amended 26 July 1988 section 2(5) Health Amendment Act 1988 102: Ship's declaration of health 1: The master of any ship that is on its way to New Zealand from any port beyond New Zealand shall, before the ship arrives in New Zealand, ascertain the state of health of each person on board. 2: On arriving in New Zealand, the master shall complete and deliver to the medical officer of health or the health protection officer a maritime declaration in the prescribed form. 3: The form shall be countersigned by the ship's medical officer (if there is one). 4: The master, and the medical officer (if there is one), shall from time to time supply to the medical officer of health, or to any person acting under the authority of that officer, any further information required by the medical officer of health or the health protection officer relating to the state of health of any person who was on board the ship on its arrival in New Zealand. 5: The master or the medical officer commits an offence and is liable on conviction a: refuses, or fails without reasonable excuse, to comply with any of the preceding provisions of this section; or b: gives to the medical officer of health, or to any person acting under the authority of that officer, any declaration, answer, or information that the master or medical officer knows to be false or misleading. 6: The master or medical officer, or any other person, commits an offence and is liable on conviction a: to obtain pratique; or b: to influence in any other respect the exercise by or on behalf of the medical officer of health of any authority conferred on that officer by this Part. Section 102 replaced 26 July 1988 section 7(1) Health Amendment Act 1988 Section 102(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 102(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011 103: Aircraft declaration Section 103 repealed 23 March 1987 section 14 Health Amendment Act 1987 104: Offences under last 2 preceding sections Section 104 repealed 26 July 1988 section 7(2)(a) Health Amendment Act 1988 105: Ship arriving from infected place The master of any ship that arrives at any port from any infected place within New Zealand shall not suffer or permit the ship to be moored or berthed at any place except a place of inspection, unless he is otherwise instructed by the medical officer of health or health protection officer 1920 No 45 s 108 Section 105 amended 26 July 1988 section 2(5) Health Amendment Act 1988 Section 105 amended 1 April 1983 Health Amendment Act 1982 106: Ship with quarantinable disease on board Where any ship arrives at any port in New Zealand from any other port in New Zealand (not being an infected place), and there is on board the ship any person suffering from any quarantinable disease or any disease reasonably believed or suspected to be a quarantinable disease, the master shall not suffer or permit the ship to be moored or berthed at any place except a place of inspection, unless he is otherwise instructed by the medical officer of health or health protection officer 1920 No 45 s 109 Section 106 amended 26 July 1988 section 2(5) Health Amendment Act 1988 Section 106 amended 1 April 1983 Health Amendment Act 1982 107: Grant of pratique 1: Subject to the provisions of any regulations made under this Act, when the medical officer of health or health protection officer 2: Subject to the provisions of any regulations made under this Act, when the medical officer of health or health protection officer 1920 No 45 s 110 1940 No 17 s 11 Section 107(1) amended 26 July 1988 section 2(5) Health Amendment Act 1988 Section 107(1) amended 1 April 1983 Health Amendment Act 1982 Section 107(2) amended 26 July 1988 section 2(5) Health Amendment Act 1988 Section 107(2) amended 1 April 1983 Health Amendment Act 1982 108: Persons suffering from quarantinable disease If any person on board any ship, or arriving by any aircraft, is found to be suffering from any quarantinable disease, or is believed or suspected by the medical officer of health or health protection officer health protection officer Section 108 replaced 1 April 1983 Health Amendment Act 1982 Section 108 amended 26 July 1988 section 2(5) Health Amendment Act 1988 109: Infected baggage, cargo, or stores 1: If the medical officer of health or a health protection officer believes that a quarantinable disease is likely to be spread by any baggage, bedding, cargo, clothing, drink, equipment, food, linen, luggage, stores, water, or other substance or thing that is on or has been removed from a craft, he or she may do any thing, and give any directions, in respect of it prescribed by regulations under this Act. 2: Subsection (1) does not empower the medical officer of health or a health protection officer to enter a private dwellinghouse. 3: A person who fails to comply with a direction under subsection (1)— a: commits an offence against this Act; and b: is liable on conviction Section 109 replaced 19 December 2006 section 11 Health Amendment Act 2006 Section 109(3)(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011 110: Disinfection and fumigation of craft 1: The medical officer of health or a health protection officer may, if he or she believes that a craft is in an insanitary condition or in a condition favourable to the outbreak or spread of an infectious disease, sign and give to the master or pilot a written order requiring the craft to be cleansed, fumigated, disinfected, or treated, in a manner, within a time, and at a place stated in the order. 2: The order may be given whether or not the craft is liable to quarantine. 3: If the order is not complied with,— a: the master or pilot commits an offence, and is liable on conviction b: the medical officer of health or a health protection officer may have the craft cleansed, fumigated, disinfected, or treated (whether in accordance with the order or otherwise). 4: All expenses incurred by the Crown in acting under subsection (3)(b) are recoverable from the owner or agents of the craft as a debt due to the Crown. 5: No action taken in respect of a craft under paragraph (b) of subsection (3) limits the liability of its master or pilot under paragraph (a) of that subsection. 6: Regulations made under this Act may give the medical officer of health and health protection officers powers in respect of the destruction of birds, rodents, or insects on ships. 7: Subsection (6) does not limit the general powers given by this section. Section 110 replaced 19 December 2006 section 11 Health Amendment Act 2006 Section 110(3)(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 111: Power to board any ship and inspect 1: The medical officer of health or health protection officer or any officer of the Ministry of Health or any person acting under the authority of a medical officer of health or a health protection officer may at any time board any ship in any port and enter and inspect any part of the ship, and inspect all animals and goods on board the ship, and the passenger list, and, with the prior authority of the Director-General, inspect the logbook and other ship's papers. 2: Where the medical officer of health 1920 No 45 s 129 Section 111(1) replaced 1 July 1993 section 30(1) Health Amendment Act 1993 Section 111(2) amended 1 April 1983 Health Amendment Act 1982 112: Offences 1: The master of any ship who permits any person liable to quarantine to leave that ship without the authority of the medical officer of health or health protection officer District Court Judge $2,000 2: Every person on any ship who, being liable to quarantine, leaves the ship without the authority of the medical officer of health or health protection officer section 98 3: Every person arriving by any aircraft who, being liable to quarantine, leaves the aerodrome, or that part of the aerodrome in which passengers are lawfully detained pending the granting of pratique, or any place where he is lawfully detained pending his release from quarantine, without the authority of the medical officer of health commits an offence and is liable, on District Court Judge $2,000 section 98 4: Every person commits an offence against this Act who contravenes or fails to comply in any respect with any provision of this Part or with any requirement or direction of the medical officer of health or health protection officer 1920 No 45 ss 117, 118, 131 1940 No 17 s 11 Section 112(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 112(1) amended 26 July 1988 section 2(5) Health Amendment Act 1988 Section 112(1) amended 1 April 1983 Health Amendment Act 1982 Section 112(1) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 112(1) amended 30 November 1979 Health Amendment Act 1979 Section 112(2) replaced 1 April 1983 Health Amendment Act 1982 Section 112(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 112(2) 26 July 1988 section 2(5) Health Amendment Act 1988 Section 112(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 112(3) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 112(3) amended 30 November 1979 Health Amendment Act 1979 Section 112(4) replaced 1 April 1983 Health Amendment Act 1982 Section 112(4) 26 July 1988 section 2(5) Health Amendment Act 1988 112AA: Sections 70 and 71 and this Part operate independently The powers conferred by sections 70 71 a: nothing in section 70 71 b: nothing in this Part limits or affects the powers conferred by section 70 71 Section 112AA inserted 19 December 2006 section 12 Health Amendment Act 2006 4A: National Cervical Screening Programme Part 4A inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 112A: Purpose The purpose of this Part is— a: to reduce the incidence and mortality rate of cervical cancer by providing for the continuation of the NCSP; and b: to facilitate the operation and evaluation of that national cervical screening programme by— i: enabling access to information and specimens by the persons operating the programme; and ii: enabling access to information and specimens by screening programme evaluators appointed to evaluate that programme ; and iii: enabling access to information by specified classes of persons for the purpose of providing cervical screening, assessment, and treatment services and by researchers. Section 112A inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 Section 112A(b)(ii) amended 29 June 2021 section 4(1) Health (National Cervical Screening Programme) Amendment Act 2021 Section 112A(b)(iii) inserted 29 June 2021 section 4(2) Health (National Cervical Screening Programme) Amendment Act 2021 112B: Interpretation In this Part, unless the context otherwise requires,— cancer section 2 cancer registry Cancer Registry Act 1993 cervical cancer cervical screening service diagnostic test or vagina a: a colposcopic procedure: b: an examination of a histological specimen taken from the woman evaluate section 112T(1) evaluation material health information section 22B End of Life Choice Act 2019 health practitioner section 5 hospital section 58(4) NCSP NCSP information a: register information; and b: information held by the NCSP as a result of an evaluation conducted in accordance with this Part NCSP manager a: the person appointed under section 112C(3) b: if no person has been appointed as the NCSP manager, the Director-General NCSP register section 112C , and includes any part of the register that is replaced register information relevant woman sections 112X 112ZB 112ZC 112ZD section 112X(1) review committee section 112O screening programme evaluator section 112U(1) screening test specimen and vaginal Section 112B inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 Section 112B cervical screening service inserted 29 June 2021 section 5(3) Health (National Cervical Screening Programme) Amendment Act 2021 Section 112B diagnostic test amended 29 June 2021 section 5(1) Health (National Cervical Screening Programme) Amendment Act 2021 Section 112B health information replaced 6 November 2021 section 41 End of Life Choice Act 2019 Section 112B NCSP information inserted 29 June 2021 section 5(3) Health (National Cervical Screening Programme) Amendment Act 2021 Section 112B NCSP register amended 29 June 2021 section 5(2) Health (National Cervical Screening Programme) Amendment Act 2021 Section 112B register information inserted 29 June 2021 section 5(3) Health (National Cervical Screening Programme) Amendment Act 2021 Section 112B screening test replaced 29 June 2021 section 5(4) Health (National Cervical Screening Programme) Amendment Act 2021 Section 112B specimen amended 29 June 2021 section 5(5) Health (National Cervical Screening Programme) Amendment Act 2021 Operation of NCSP Heading inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 112C: Appointment of persons to operate NCSP 1: All persons appointed to operate the NCSP, and to perform functions in relation to the operation of that programme, must be appointed under section 66 2: If the Director-General wishes to appoint a particular person to perform particular functions in relation to the operation of the NCSP, and it is not reasonably practicable to appoint that person under section 66 3: The Director-General may appoint, either under section 66 4: The NCSP manager may direct a person appointed under section 66 5: The Director-General may direct the NCSP manager in relation to the performance of the NCSP manager's functions, and the NCSP manager must comply with the Director-General's direction. Section 112C inserted 1 July 2004 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 Section 112C(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 112C(2) amended 7 August 2020 section 135 Public Service Act 2020 Section 112C(3) amended 7 August 2020 section 135 Public Service Act 2020 Section 112C(4) amended 7 August 2020 section 135 Public Service Act 2020 112D: Objectives of NCSP The objectives of the NCSP are to— a: promote high quality cervical screening, assessment, and treatment services, while recognising and managing the differences between the various types of cervical cancer, with a view to reducing the incidence and mortality rate of cervical cancer; and b: inform women and the community of the risks, benefits, and expected population health gains from participation in the NCSP; and c: promote the regular recall of women who are enrolled in the NCSP for screening tests; and d: facilitate continuous quality improvement by allowing and performing regular evaluations of the NCSP; and e: ensure that information that is collected for the purposes of the NCSP is— i: available, in a reliable, accurate, and timely manner, to persons authorised under this Part, or any other enactment, to have access to it; and ii: safely stored, including on the NCSP register; and f: provide information to women about the quality and effectiveness of the NCSP including, if it is appropriate, information based on the results of evaluations. Section 112D inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 112E: Enrolment in NCSP 1: The NCSP manager must enrol in the NCSP every woman who— a: has a screening test, the result of which is reported to the NCSP; or b: undergoes a colposcopic procedure, the result of which is reported to the NCSP. 2: The NCSP manager may, at his or her discretion, enrol in the NCSP a woman who undergoes a surgical procedure during which a histological specimen is taken that includes a cervical component if the results of an analysis of that specimen are reported to the NCSP. 3: Subsections (1) and (2) do not apply if the woman to whom the results relate— a: is already enrolled in the NCSP; or b: has cancelled her enrolment in the NCSP; or c: has notified the NCSP manager, under section 112G(2) Section 112E inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 112F: Duties of NCSP manager that relate to enrolled women 1: As soon as practicable after enrolling a woman in the NCSP, the NCSP manager must— a: notify the woman that she has been enrolled in the NCSP; and b: provide information to the woman about— i: the importance of having regular screening tests; and ii: the risks and benefits of participation in the NCSP; and iii: who has access to information on the NCSP register, and the uses to which that information may be put; and iv: the objectives of the NCSP, including that of continuous quality improvement through evaluation; and v: the possible use by screening programme evaluators of evaluation material relevant to the woman for the purpose of evaluations of the NCSP; and c: advise the woman that she may cancel her enrolment by advising the NCSP manager under section 112G(1) 2: The NCSP manager must record on the NCSP register every result that is reported to the NCSP manager from a screening test, or from a diagnostic test, if that result relates to a woman who is enrolled in the NCSP. Section 112F inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 112G: Procedure to prevent or cancel enrolment in NCSP 1: A woman who is enrolled in the NCSP may, at any time, cancel that enrolment by advising the NCSP manager in the manner and form specified by the NCSP manager. 2: A woman who is not enrolled in the NCSP, and who does not wish to be enrolled, may, at any time, notify the NCSP that she does not wish to be enrolled. 3: A notification under subsection (2) must— a: be in the manner and form specified by the NCSP manager; and b: include information that will enable the NCSP manager, in the future, to identify the woman as a woman who must not be enrolled in the NCSP (which information may be kept on the NCSP register and used by the NCSP manager for that purpose). Section 112G inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 112H: Duties of NCSP manager when women cancel enrolment in NCSP 1: If a woman cancels her enrolment in the NCSP under section 112G(1) section 112G(2) a: send a notice to the woman confirming that her enrolment in the NCSP has been cancelled or, as the case requires, that she will not be enrolled; and b: delete any information that relates to that woman from the current NCSP register; and c: dispose of any information that is held by the NCSP manager in hard copy format and that relates to that woman by either— i: returning it to her; or ii: destroying it (if she requests that it be destroyed); and d: while that woman is not enrolled in the NCSP,— i: ensure that no information that is provided to the NCSP and that relates to that woman is included on the NCSP register; and ii: return or destroy any information that is provided to the NCSP and that relates to that woman. 2: Subsection (1) does not apply to information that the NCSP manager determines it is necessary to keep for the purpose of identifying the woman as a woman whose results must not be entered on the NCSP register, such as, for example, her name, address, date of birth, and national health index number, but the information that is retained must be no more than is required for that purpose. 3: Despite subsection (1)(c), the NCSP manager may retain information that relates to a woman who cancels her enrolment in the NCSP if that information— a: is in hard copy format; and b: was received before the date of commencement of this section. 4: To avoid any doubt, subsection (1) overrides the Health (Retention of Health Information) Regulations 1996 Section 112H inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 112I: Procedure to re-enrol in NCSP 1: A woman who has cancelled her enrolment in the NCSP may re-enrol, at any time, by advising the NCSP manager in the manner and form specified by the NCSP manager. 2: A woman who has notified the NCSP manager, under section 112G(2) Section 112I inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 112J: Restriction on access to, and use, retention, and disclosure of, NCSP information 1: No person may access, use, retain, or disclose NCSP information if that information identifies a woman, except as provided by this section. 2: The following persons may access register information by directly accessing the NCSP register: a: a health practitioner engaged by or on behalf of a woman to provide cervical screening services to that woman, for the purpose of providing cervical screening services in relation to that woman: b: a health practitioner engaged to provide cervical screening services in relation to the woman by or on behalf of a health practitioner referred to in paragraph (a), for the purpose of providing cervical screening services in relation to that woman: c: administrative support staff engaged by a health practitioner referred to in paragraph (a) or (b) who access the information at the direction of the health practitioner, for the purpose of providing cervical screening services in relation to that woman: d: Health New Zealand e: a person engaged by the Ministry of Health or Health New Zealand f: a person authorised by the NCSP manager, for the purpose of providing information to any person authorised to receive it under subsection (3) or (4). 3: Register information may be disclosed by a person referred to in subsection (2)(f), to— a: a person authorised to access the NCSP register under subsection (2), for the authorised purpose; or b: a person engaged by the Ministry of Health or Health New Zealand c: a person engaged by the Ministry of Health or Health New Zealand 4: NCSP information may be accessed and disclosed by a person authorised for that purpose by the NCSP manager, if the disclosure is— a: to a screening programme evaluator under section 112X(2)(a) b: to a review committee, in accordance with a request from that committee under section 112Q(1) c: for the purpose of research, in accordance with regulations made under section 112ZF(1)(a) d: for the purpose of enabling the compilation and publication of statistics that do not enable the identification of the women to whom those statistics relate, unless the disclosure is prohibited by any regulations made under section 112ZF(1)(b) 5: Any person who accesses or receives information in accordance with subsection (2), (3), or (4) may use and retain the information for the purpose of that subsection and any directly related purpose. Section 112J replaced 29 June 2021 section 6 Health (National Cervical Screening Programme) Amendment Act 2021 Section 112J(2)(d) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 112J(2)(e) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 112J(3)(b) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 112J(3)(c) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 112JA: Further provisions relating to NCSP information 1: Nothing in section 112J 2: Nothing in section 112J see sections 112Q 112X 112Y 112ZE 3: Access to the NCSP register is subject to any conditions and procedures that the NCSP manager thinks necessary to impose or establish for the purpose of ensuring privacy and security of the material or information. 4: No person may amend the information stored on the NCSP register unless authorised for that purpose by the NCSP manager. Section 112JA inserted 29 June 2021 section 6 Health (National Cervical Screening Programme) Amendment Act 2021 112K: Delegation of functions and powers 1: The Director-General may, in writing, delegate to the NCSP manager any of his or her functions or powers under sections 112M(2)(b) and (c) 112N(2)(b) and (c) 112ZB(2) 112ZC(2) 112ZD(2) 2: The NCSP manager may, in writing, delegate to any person any of his or her functions or powers under this Part, on any conditions that the NCSP manager thinks fit, except— a: any power or function delegated to the NCSP manager by the Director-General; and b: this power of delegation. 3: Subject to any general or special directions given or conditions attached by the NCSP manager or the Director-General, the person to whom any powers are delegated under this section may exercise those powers in the same manner and with the same effect as if they had been conferred on him or her directly under this Part and not by delegation. 4: Any delegation under subsection (2) may be made to a specified person or to the holder or holders for the time being of a specified office or specified class of offices. 5: Every person who purports to act under a delegation under this section is presumed to be acting in accordance with its terms in the absence of evidence to the contrary. 6: A delegation under this section— a: is revocable, in writing, at will; and b: continues in force until it is revoked, even if the NCSP manager or Director-General by whom it was made ceases to hold office, and continues to have effect as if made by his or her successor in that office. 7: A delegation under this section does not affect or prevent the performance or exercise of any function or power by the delegator, and does not affect the responsibility of the delegator for the actions of any person acting under that delegation. 8: Subsection (1) does not limit the Director-General's power to delegate any of his or her functions under this Part in accordance with clauses 2 3 Section 112K inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 Section 112K(8) amended 7 August 2020 section 135 Public Service Act 2020 Duties to provide information to women and to NCSP Heading inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 112L: Duties of persons taking specimens for screening tests 1: Every person who takes a specimen from a woman for the purpose of a screening test, and who believes that it is that woman's first screening test in New Zealand, must— a: explain the procedure and provide information about the importance of having regular screening tests, the objectives of the NCSP, the risks and benefits of participation in the NCSP, who has access to information on the NCSP register, and the uses to which that information may be put; and b: advise the woman that she will be enrolled in the NCSP, but that she may prevent or cancel that enrolment by advising the NCSP manager under section 112G 2: Every person who takes a specimen from a woman for the purpose of a screening test, and who believes that it is not that woman's first screening test in New Zealand, must provide that woman with information about the procedure and about the NCSP to the extent that is reasonable in the circumstances. 3: Subsections (1) and (2) do not limit any other obligation to provide information that arises under any other enactment or rule of law. Section 112L inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 112M: Duty of persons performing colposcopic procedure 1: Every person who performs a colposcopic procedure on a woman must— a: explain the procedure to the woman; and b: provide information, to the extent that is reasonable in the circumstances, about the objectives of the NCSP and the NCSP register, the importance of having regular screening tests, who has access to information on the NCSP register, and the uses to which that information may be put; and c: if he or she believes that the woman is not enrolled in the NCSP, advise her that she will be enrolled but that she may prevent or cancel that enrolment by notifying the NCSP manager under section 112G d: cause a report in relation to that colposcopic procedure to be forwarded to the NCSP manager. 2: A report under subsection (1)(d) must— a: be provided free of charge; and b: contain the information specified by the Director-General; and c: be provided in the manner and form specified by the Director-General. Section 112M inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 112N: Duty of laboratories where specimens are analysed 1: The person in charge of a laboratory where a specimen is analysed must cause a report in relation to that specimen to be forwarded to the NCSP manager if— a: the specimen was obtained for the purpose of a screening test; or b: the specimen was obtained for the purpose of a diagnostic test; or c: the specimen— i: was obtained during a surgical procedure; and ii: includes a cervical component. 2: A report under subsection (1) must— a: be provided free of charge; and b: contain the information specified by the Director-General; and c: be provided in the manner and form specified by the Director-General. Section 112N inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 Review of NCSP and duty of Director-General to report Heading inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 112O: Establishment of NCSP review committee 1: The Minister may from time to time, and must at least once every 3 years, establish a review committee of up to 3 persons to review— a: the operation of the NCSP; and b: evaluation activities of the kind described in section 112T 2: The focus of a review committee must be the continuous quality improvement of components of the NCSP, with a view to reducing the incidence and mortality rates of cervical cancer. 3: No person appointed to a review committee may be— a: a member of Parliament; or b: an officer or employee of the Ministry of Health; or c: a person who is, or has been, designated under section 112U d: a person who would have a material conflict of interest if appointed. 4: In order to facilitate the review being carried out in a timely and efficient manner, the Minister must appoint persons who collectively have an appropriate balance of skills and knowledge, including knowledge of cervical screening. 5: The Minister may appoint persons to the review committee— a: on terms and conditions as to remuneration and other benefits that are in accordance with the appropriate fees framework determined by the Government for statutory and other bodies; and b: on any other terms and conditions that the Minister considers appropriate. Section 112O inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 112P: Work of review committee 1: Before beginning its review, the review committee must prepare a review plan. 2: In preparing its review plan, the review committee must— a: ensure that the plan— i: applies the focus referred to in section 112O(2) ii: takes into account the need for timeliness in the completion of the review; and b: consult with interested parties about any significant issues that may warrant review, in relation to the operation of the NCSP or evaluation activities that have been, or are proposed to be, carried out; and c: following that consultation, determine— i: which issues are to be reviewed; and ii: the expected date of completion of the review; and d: provide the review plan to the Minister for comment, and fully take into account any comments made by the Minister before finalising that plan. 3: After finalising the review plan, the review committee must conduct the review in accordance with that plan. 4: When making any recommendations resulting from its review, the review committee must take into account— a: the objectives of the NCSP; and b: the need for fiscal responsibility. 5: The review committee may, subject to any written direction by the Minister, regulate its own procedure. Section 112P inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 112Q: Review committee's access to information 1: For the purposes of carrying out its review, a review committee may request any information held by the NCSP that is directly relevant to the subject matter of its review. 2: The NCSP manager must provide to a review committee any information held by the NCSP that is requested by that review committee under subsection (1). 3: To avoid doubt, the confidentiality obligations set out in section 112J Section 112Q inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 112R: Report by review committee 1: The review committee must— a: set out in a report— i: the details of its review; and ii: the conclusions it has reached; and iii: the recommendations (if any) it makes as a result of that review; and b: submit that report to the Minister as soon as reasonably practicable after it is completed. 2: The Minister must present the report to the House of Representatives not later than 10 sitting days after the date on which the Minister receives the report from the committee, and, following that presentation, must make the report publicly available. Section 112R inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 112S: Duty of Director-General to report The Director-General must, from time to time, provide information to the public on the quality and effectiveness of the NCSP including, if it is appropriate, information based on the results of evaluations. Section 112S inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 Screening programme evaluators Heading inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 112T: Meaning of evaluate 1: For the purposes of this Part, evaluate 2: An evaluation may, from time to time, include a review of, and an investigation into, the cases of— a: any woman who is enrolled in the NCSP (whether or not she has developed any cervical cancer); and b: any woman who has developed any cervical cancer (whether or not she is enrolled in the NCSP); and c: any deceased persons to whom paragraph (a) or paragraph (b) applied at the time of death. Section 112T inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 112U: Director-General may designate screening programme evaluators 1: The Director-General may, at any time and entirely at his or her discretion, designate 1 or more persons as screening programme evaluators on whatever terms and conditions the Director-General considers appropriate. 2: The Director-General must specify the particular evaluation functions to be performed by each person whom he or she designates as a screening programme evaluator. 3: The Director-General may limit the type of information that a person who is designated as a screening programme evaluator may have access to under this Part in accordance with the evaluation functions to be performed by that person. Section 112U inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 112V: Criteria for designating employees of Ministry Despite section 112U a: the person has the technical competence to undertake the functions of a screening programme evaluator; and b: the Ministry and the person will appropriately manage any conflicts of interest that arise. Section 112V inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 112W: Criteria for designating persons who are not Ministry employees Despite section 112U a: has, or employs persons who have, the technical competence to undertake the functions of a screening programme evaluator; and b: has in place effective arrangements to avoid or manage any conflicts of interest that may arise; and c: will administer those arrangements properly and competently and in compliance with any conditions on which the designation is given; and d: will comply with the obligations on that person under this Part. Section 112W inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 112X: Power of screening programme evaluators to access specimens and health information 1: For the purposes of this section, section 112ZB section 112ZC section 112ZD relevant woman a: a woman who is enrolled in the NCSP; or b: a woman who is not enrolled in the NCSP but who has developed any cervical cancer; or c: a deceased woman to whom paragraph (a) or paragraph (b) applied at the time of her death. 2: Except to the extent that regulations have been made under section 112ZF(1)(c) or (d) section 112U(3) a: all information held by the persons operating the NCSP; and b: all information on the cancer registry that relates to a relevant woman; and c: all health information and all specimens that relate to a relevant woman and that are held by, or are otherwise under the power and control of, any— i: health practitioner; or ii: laboratory; or iii: hospital. 3: A screening programme evaluator may— a: take copies of all information and records to which he or she has access; and b: take any specimen to which he or she has access, or take a part of that specimen. 4: A screening programme evaluator may only access or copy information and specimens under subsection (2) or (3) for the purpose of performing, and to the extent necessary to perform, that person's functions as a screening programme evaluator. 5: Subsection (4) is subject to section 112ZE 6: When a screening programme evaluator accesses health information under subsection (2)(c)(i) that is held by, or otherwise in the power or control of, a health practitioner, that health practitioner may oversee that access. 7: To avoid doubt, subsection (2) does not affect the Health (Cervical Screening (Kaitiaki)) Regulations 1995 Section 112X inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 112Y: Duties of screening programme evaluators 1: No screening programme evaluator may use or disclose any evaluation material for a purpose other than performing that person's functions as a screening programme evaluator. 2: Despite subsection (1), a screening programme evaluator may— a: disclose evaluation material to a person who is assisting the screening programme evaluator to perform the screening programme evaluator's functions, and who requires the material for that purpose; and b: use and disclose evaluation material for the purpose of referring a concern about the competence of a health practitioner to the authority responsible for the registration of practitioners of the profession that the person concerned practises, if the screening programme evaluator has first obtained the consent of the Director-General to use and disclose the material for that purpose; and c: disclose evaluation material to the Accident Compensation Corporation or the Health and Disability Commissioner for the purpose of assisting an investigation into concerns about the competence of a health practitioner; and d: use and disclose evaluation material for the purpose of advising the NCSP manager that, in the screening programme evaluator's opinion, a particular person who is enrolled in the NCSP may benefit from follow-up action; and e: use evaluation material to prepare academic papers or articles for publication in accordance with section 112ZA 3: Every screening programme evaluator must— a: take appropriate measures to safeguard all evaluation material from use or disclosure for a purpose other than a purpose that is specified in subsection (1) or subsection (2); and b: report to the Director-General any cases where evaluation material has been used or disclosed for an unauthorised purpose; and c: return all evaluation material that was provided in hard copy or electronic form to the supplier of that material as soon as it is no longer required for the purpose for which it was obtained, and destroy all copies of that material; and d: take appropriate measures to keep all specimens in a secure environment that will preserve their physical integrity, and return them to the person who supplied them as soon as they are no longer required for the purpose for which they were obtained; and e: advise each person to whom the screening programme evaluator discloses evaluation material under subsection (2)(a) of the duties of the screening programme evaluator in relation to that information, and of the duties of that person under section 112Z 4: Every screening programme evaluator who is not an employee of the Ministry must— a: provide to the Director-General, as soon as practicable after completing an evaluation of a screening programme, a written report containing the results of that evaluation; and b: provide to the Director-General, as soon as practicable after being requested by the Director-General to do so, a statutory declaration as to whether or not the requirements of subsection (3)(a) to (c) have been complied with, and, if not, to what extent they have not been complied with. 5: Subsections (1) and (3)(a) and (c) are subject to section 112ZE Section 112Y inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 112Z: Duties of persons to whom evaluation material is supplied by screening programme evaluator 1: Every person to whom evaluation material is supplied by a screening programme evaluator, under section 112Y(2)(a) a: use that material only for the purpose for which it was supplied; and b: take appropriate measures to safeguard that material from disclosure to any other person; and c: return all evaluation material that was provided in hard copy or electronic form to the screening programme evaluator as soon as it is no longer required for the purpose for which it was supplied, and destroy all copies of it; and d: take appropriate measures to keep all specimens in a secure environment that will preserve their physical integrity, and return them to the screening programme evaluator as soon as they are no longer required for the purpose for which they were supplied. 2: Subsection (1) is subject to section 112ZE Section 112Z inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 112ZA: Screening programme evaluator may publish non-identifiable information obtained during evaluation 1: Despite section 112Y(1) a: the paper or article does not contain information that could identify any individual person, without that person's consent; and b: the NCSP manager consents to the publication of the paper or article and to the timing of that publication; and c: the publication of the paper or article is in accordance with any regulations made under section 112ZF(1)(f) 2: The NCSP manager may not withhold consent under subsection (1)(b) unless he or she believes, on reasonable grounds, that the publication of the paper or article, or the proposed timing of that publication, poses a serious risk to the effective operation of the NCSP. Section 112ZA inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 Duties to provide information to screening programme evaluators Heading inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 112ZB: Duty of health practitioners 1: Every health practitioner must make available, free of charge, to a screening programme evaluator, for the purpose of enabling that screening programme evaluator to perform the screening programme evaluator's functions, any health information and specimens that relate to a relevant woman. 2: The Director-General may specify, by notice in writing to the health practitioner, the manner and form in which health information or specimens that are required to be made available under subsection (1) must be made available, and that information or those specimens must be made available in that manner and form. Section 112ZB inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 112ZC: Duty of persons who hold specimens 1: The person in charge of a laboratory or other premises where specimens are held must make available, free of charge, to a screening programme evaluator, for the purpose of enabling that screening programme evaluator to perform the screening programme evaluator's functions, any health information and specimens that relate to a relevant woman. 2: The Director-General may specify, by notice in writing to the person in charge of the laboratory or other premises, the manner and form in which health information or a specimen that is required to be provided under subsection (1) must be provided, and that information or that specimen must be provided in that manner and form. Section 112ZC inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 112ZD: Duty of hospitals 1: The person in charge of a hospital must make available, free of charge, to a screening programme evaluator, for the purpose of enabling that screening programme evaluator to perform the screening programme evaluator's functions, any health information and specimens that relate to a relevant woman. 2: The Director-General may specify, by notice in writing to the person in charge of the hospital, the manner and form in which health information or a specimen that is required to be provided under subsection (1) must be provided, and that information or that specimen must be provided in that manner and form. Section 112ZD inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 Miscellaneous Heading inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 112ZE: Screening programme employees may retain, access, use, and disclose information to perform functions 1: Nothing in this Part prevents any employee of the NCSP from retaining, accessing, using, and disclosing any information to the extent necessary to perform his or her functions as an employee of that programme, including— a: information that is held by or accessible to the persons operating the NCSP; and b: information and evaluation material obtained by that employee for the purposes of performing an evaluation (including information obtained in his or her capacity as a screening programme evaluator or as a person assisting a screening programme evaluator); and c: information and evaluation material provided to the NCSP by a screening programme evaluator during or following an evaluation. 2: For the purposes of subsection (1), a person is an employee of the NCSP if the person— a: is appointed to operate that programme, or to perform particular functions in relation to the operation of that programme, by the Director-General or the Ministry; or b: is employed to work in that programme by the Ministry or by the persons appointed to operate the programme. 3: Despite subsection (1), an employee of the NCSP must obtain any necessary approval under the regulations before— a: disclosing any identifiable protected information to a person who is not an employee of the NCSP performing functions as an employee of the NCSP; or b: using non-identifiable protected information for the purpose of disclosing it to a person who is not an employee of the NCSP performing functions as an employee of the NCSP. 4: The actions that an employee of the NCSP may take without obtaining prior approval under the regulations include (without limitation)— a: accessing or using protected information on or from the NCSP register for the purposes of performing, and to the extent necessary to perform, their functions as an employee of the NCSP if that access or use does not involve the publication of protected information (for example, routine internal data analyses, data modelling, and data quality checking): b: administering automatic electronic uploads, updates, or back-ups with or between NCSP information management systems: c: administering updates of information to— i: any electronic application in existence at the commencement of this subsection that is operated by the NCSP; or ii: any electronic application approved by the National Kaitiaki Group: d: using, disclosing, or publishing non-identifiable protected information that is— i: publicly available; or ii: provided through any electronic application referred to in paragraph (c). 5: In subsections (3) and (4),— identifiable protected information a: is on or from the NCSP register; and b: enables the identification of the individual or individuals to whom the information relates; and c: identifies the individual or individuals as being Māori National Kaitiaki Group regulation 6 non-identifiable protected information a: is on or from the NCSP register; and b: identifies the individual or individuals to whom the information relates as being Māori; but c: does not enable the identification of the individual or individuals regulations Health (Cervical Screening (Kaitiaki)) Regulations 1995 6: Subsection (3) is subject to section 22H Section 112ZE inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 Section 112ZE(3) inserted 29 June 2021 section 7 Health (National Cervical Screening Programme) Amendment Act 2021 Section 112ZE(4) inserted 29 June 2021 section 7 Health (National Cervical Screening Programme) Amendment Act 2021 Section 112ZE(5) inserted 29 June 2021 section 7 Health (National Cervical Screening Programme) Amendment Act 2021 Section 112ZE(6) inserted 29 June 2021 section 7 Health (National Cervical Screening Programme) Amendment Act 2021 112ZF: Regulations 1: Regulations may be made under this Part for any 1 or more of the following purposes: a: regulating access to information held by the NCSP by persons researching cancer: b: prohibiting the disclosure, under section 112J(4)(d) c: imposing restrictions, in addition to those imposed by this Part, on the use, disclosure, and publication of information held by the NCSP: d: prohibiting the use, disclosure, and publication of information from the NCSP register, or derived from the operation of the NCSP, if the information relates to any class or classes of person specified in the regulations, including prohibiting the use, disclosure, and publication of that information without the approval of any person or group of persons or body or organisation specified in the regulations: e: providing for the establishment, appointment, procedures, and powers of any person or group of persons or body or organisation established to perform specific functions or to make specific decisions that relate to the NCSP or to the matters referred to in paragraphs (b) and (d): f: imposing restrictions on the publication by screening programme evaluators, under section 112ZA g: prescribing standards that must be met by providers of screening, diagnostic, and treatment services relevant to the NCSP, and the means of implementing those standards: h: prescribing offences for a breach of— i: a regulation made under any of paragraphs (a) to (f): ii: a standard prescribed under paragraph (g), or any part of that standard: i: setting out defences to offences prescribed under paragraph (h): j: setting the maximum penalty for each offence prescribed under paragraph (h), which must not exceed the maximum penalty specified in section 136 2: Before making regulations under subsection (1), the Governor-General must be satisfied that appropriate consultation has been carried out, including (without limitation),— a: adequate and appropriate notice of the intention to make the regulations; and b: a reasonable opportunity for interested persons to make submissions; and c: adequate and appropriate consideration of any submissions received. 3: Subsection (2) does not apply to regulations made under subsection (1)(g) that— a: incorporate standards by reference; or b: state that an amendment to, or replacement of, standards incorporated by reference has legal effect as part of the regulations. 4: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 112ZF inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 Section 112ZF(1)(b) amended 29 June 2021 section 8 Health (National Cervical Screening Programme) Amendment Act 2021 Section 112ZF(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 112ZG: Incorporation of standards by reference in regulations 1: Regulations made under section 112ZF(1)(g) 2: Standards may be incorporated by reference in regulations— a: in whole or in part; and b: with modifications, additions, or variations specified in the regulations. 3: Standards incorporated by reference in regulations have legal effect as part of the regulations. Section 112ZG inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 112ZH: Effect of amendments to, or replacement of, standards incorporated by reference in regulations An amendment to, or replacement of, standards incorporated by reference in regulations ( regulations A section 112ZF(1)(g) Section 112ZH inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 112ZI: Proof of standards incorporated by reference 1: A copy of standards incorporated by reference in regulations, including any amendment to, or replacement of, the standards, ( standards a: certified as a correct copy of the standards by the Director-General; and b: retained by the Director-General. 2: The production in proceedings of a certified copy of the standards is, in the absence of evidence to the contrary, sufficient evidence of the incorporation in the regulations of the standards. Section 112ZI inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 112ZJ: Effect of expiry or revocation of standards incorporated by reference Standards incorporated by reference in regulations that expire or that are revoked or that cease to have effect cease to have legal effect as part of the regulations only if regulations made under section 112ZF(1)(g) Section 112ZJ inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 112ZK: Requirement to consult 1: This section applies to regulations made under section 112ZF(1)(g) a: incorporate standards by reference; or b: state that an amendment to, or replacement of, standards incorporated by reference in regulations has legal effect as part of the regulations. 2: Before regulations to which this section applies are made, the Director-General must— a: prepare the standards proposed to be incorporated by reference or the proposed amendment to, or replacement of, standards incorporated by reference ( proposed standards b: make copies of the proposed standards available for inspection during working hours for a reasonable period, free of charge, at the head office of the Ministry of Health and at any other places that the Director-General determines are appropriate; and c: make copies of the proposed standards available for purchase at a reasonable price; and d: e: give notice in the Gazette i: the proposed standards are available for inspection during working hours free of charge, the place or places at which they can be inspected, and the period during which they can be inspected; and ii: copies of the proposed standards can be purchased and the place or places at which they can be purchased; and iii: f: allow a reasonable opportunity for persons to comment on the proposal to incorporate the proposed standards by reference; and g: consider any comments they make. 2A: Before regulations to which this section applies are made, the Director-General— a: may make copies of the proposed standards available in any other way that he or she considers appropriate in the circumstances (for example, on an Internet website); and b: must, if paragraph (a) applies, give notice in the Gazette 3: A failure to comply with this section does not invalidate regulations that incorporate standards by reference. Section 112ZK inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 Section 112ZK(2)(d) repealed 14 April 2005 section 3(1)(a) Health Amendment Act 2005 Section 112ZK(2)(e)(iii) repealed 14 April 2005 section 3(1)(b) Health Amendment Act 2005 Section 112ZK(2A) inserted 14 April 2005 section 3(2) Health Amendment Act 2005 112ZL: Access to standards incorporated by reference 1: The Director-General— a: must make the standards referred to in subsection (2) ( standards b: must make copies of the standards available for purchase at a reasonable price; and c: may make copies of the standards available in any other way that the Director-General considers appropriate in the circumstances (for example, on an Internet website); and d: must give notice in the Gazette i: the standards are incorporated in the regulations and the date on which the regulations were made; and ii: the standards are available for inspection during working hours, free of charge, and the location of the place or places at which they can be inspected; and iii: copies of the standards can be purchased and the location of the place or places at which they can be purchased; and iv: if copies of the standards are made available under paragraph (c), the standards are available in other ways and details of where or how they can be accessed or obtained. 2: The standards are— a: standards incorporated by reference in regulations made under section 112ZF(1)(g) b: any amendment to, or replacement of, those standards that is incorporated in the regulations or the standards referred to in paragraph (a) with the amendments or replacement standards incorporated. 3: A failure to comply with this section does not invalidate regulations that incorporate standards by reference. Section 112ZL inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 Section 112ZL(1) replaced 14 April 2005 section 4 Health Amendment Act 2005 112ZM: Application of Legislation Act 2019 to standards incorporated by reference Subpart 1 section 114 Section 112ZM replaced 28 October 2021 section 3 Secondary Legislation Act 2021 112ZN: Application of Regulations (Disallowance) Act 1989 to standards incorporated by reference Section 112ZN repealed 5 August 2013 section 77(3) Legislation Act 2012 112ZO: Application of Standards and Accreditation Act 2015 not affected Sections 112ZG to 112ZM sections 29 to 32 Section 112ZO replaced 1 March 2016 section 45(1) Standards and Accreditation Act 2015 112ZP: Offences 1: Every person commits an offence against this Act who, without reasonable excuse,— a: fails to comply with the requirements of section 112Y(3)(e) or (4)(b) 112Z b: accesses, uses, retains, or discloses any NCSP information or evaluation material in contravention of section 112J(1) 112Y(1) c: amends any information stored on the NCSP register, without authority from the NCSP manager under section 112JA(4) 2: Every person commits an offence against this Act who, without reasonable excuse, fails to make available any information or specimens that the person is required to make available under any of sections 112ZB 112ZC 112ZD 3: Every person who commits an offence under subsection (2) is liable on Section 112ZP inserted 7 March 2005 section 4 Health (National Cervical Screening Programme) Amendment Act 2004 Section 112ZP(1) replaced 29 June 2021 section 9 Health (National Cervical Screening Programme) Amendment Act 2021 Section 112ZP(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 5: Artificial UV tanning services Part 5 replaced 4 January 2017 section 22 Health (Protection) Amendment Act 2016 Preliminary provision Heading inserted 4 January 2017 section 22 Health (Protection) Amendment Act 2016 113: Interpretation In this Part, unless the context otherwise requires,— approved evidence of age document section 5(1) artificial UV tanning services UV Section 113 replaced 4 January 2017 section 22 Health (Protection) Amendment Act 2016 Ban on provision of services to persons under 18 years Heading inserted 4 January 2017 section 22 Health (Protection) Amendment Act 2016 114: Ban on providing artificial UV tanning services to persons under 18 years 1: This section applies to owners and operators of premises providing artificial UV tanning services. 2: The owner or operator must not provide artificial UV tanning services to a person under the age of 18 years. 3: A person who contravenes subsection (2) commits an offence and is liable on conviction,— a: in the case of an individual, to a fine not exceeding $2,000: b: in the case of a body corporate, to a fine not exceeding $10,000. 4: Subsection (2) does not apply to a person who provides artificial UV tanning services to a person under the age of 18 years at a hospital if a medical practitioner prescribed the services for the purpose of medical treatment. 5: It is a defence to a charge under subsection (2) if the defendant proves that,— a: before or at the time the artificial UV tanning services were provided, there was produced to the defendant a document purporting to be an approved evidence of age document; and b: the defendant believed on reasonable grounds that the document— i: was in fact an approved evidence of age document; and ii: related to the person to whom the artificial UV tanning services were provided; and iii: indicated that the person to whom artificial UV tanning services were provided was aged 18 years or over. Section 114 replaced 4 January 2017 section 22 Health (Protection) Amendment Act 2016 Infringement offences Heading inserted 4 January 2017 section 22 Health (Protection) Amendment Act 2016 115: Infringement offences In this section and sections 116 to 116B infringement fee section 117(1)(rb) infringement offence section 114 section 119(d) Section 115 replaced 4 January 2017 section 22 Health (Protection) Amendment Act 2016 116: Commission of infringement offences A person who is alleged to have committed an infringement offence may either— a: be proceeded against for the alleged offence by filing a charging document under section 14 b: be served with an infringement notice as provided for in section 116A Section 116 replaced 4 January 2017 section 22 Health (Protection) Amendment Act 2016 116A: Infringement notices 1: If a person authorised to issue infringement notices under this section observes a person committing an infringement offence, or he or she has reasonable cause to believe that such an offence is being or has been committed by that person, an infringement notice in respect of that offence may be served on that person. 2: Any person authorised to issue infringement notices under this section (not necessarily the person who issued the notice) may deliver the infringement notice (or a copy of it) to the person alleged to have committed an infringement offence personally or by post addressed to that person's last known place of residence or business. 3: An infringement notice (or a copy of it) sent to a person under subsection (2) is to be treated as having been served on that person when it was posted. 4: Every infringement notice must be in the prescribed form and must contain the following particulars: a: such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence; and b: the amount of the infringement fee; and c: the address of the place at which the infringement fee may be paid; and d: the time within which the infringement fee must be paid; and e: a summary of the provisions of section 21(10) f: a statement that the person served with the notice has a right to request a hearing; and g: a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing; and h: any other particulars that may be prescribed. 5: If an infringement notice has been issued under this section, the procedure under section 21 6: For the purposes of this section, the following persons are authorised to issue infringement notices under this section: a: any environmental health officer: b: any person, whether or not an employee of the Ministry or a local authority, who is authorised in writing by the Director-General to issue infringement notices under this section. Section 116A inserted 4 January 2017 section 22 Health (Protection) Amendment Act 2016 116B: Payment of infringement fees 1: Infringement fees for infringement notices issued on behalf of the Ministry are payable to the Ministry. 2: Infringement fees for infringement notices issued on behalf of a local authority are payable to the local authority. Section 116B inserted 4 January 2017 section 22 Health (Protection) Amendment Act 2016 5A: Fluoridation of drinking water Part 5A inserted 13 December 2021 section 5 Health (Fluoridation of Drinking Water) Amendment Act 2021 116C: Purpose The purpose of this Part is to— a: enable the Director-General to direct a local authority to add fluoride or not to add fluoride to drinking water supplied through its local authority supply; and b: require the local authority to comply with the direction. Section 116C inserted 13 December 2021 section 5 Health (Fluoridation of Drinking Water) Amendment Act 2021 116D: Interpretation In this Part,— drinking water a: means water that is used for— i: human consumption; or ii: oral hygiene; or iii: preparing food, drink, or other products for human consumption; or iv: washing utensils that are used for eating and drinking, or for preparing, serving, or storing food or drink for human consumption; but b: does not include bottled water that is prepared or manufactured by a food business, and is regulated, under the Food Act 2014 local authority section 5(1) local authority supply a: are used by a local government organisation to abstract, store, treat, transmit, or transport drinking water for supply to consumers; and b: are controlled by a local authority local government organisation Section 116D inserted 13 December 2021 section 5 Health (Fluoridation of Drinking Water) Amendment Act 2021 1: Direction relating to fluoridation of drinking water supply Subpart 1 inserted 13 December 2021 section 5 Health (Fluoridation of Drinking Water) Amendment Act 2021 116E: Director-General may direct local authority to add or not to add fluoride to drinking water 1: The Director-General may direct a local authority to add or not to add fluoride to drinking water supplied through its local authority supply. 2: The Director-General must seek and consider advice from the Director of Public Health on the matters in subsection (3)(a) and (b)(i) before deciding whether to make a direction. 3: Before making a direction, the Director-General must consider— a: scientific evidence on the effectiveness of adding fluoride to drinking water in reducing the prevalence and severity of dental decay; and b: whether the benefits of adding fluoride to the drinking water outweigh the financial costs, taking into account— i: the state or likely state of the oral health of a population group or community where the local authority supply is situated; and ii: the number of people who are reasonably likely to receive drinking water from the local authority supply; and iii: the likely financial cost and savings of adding fluoride to the drinking water, including any additional financial costs of ongoing management and monitoring. 4: For the purpose of subsection (3)(b)(i), the Director-General may take into account any evidence that the Director-General considers relevant. 5: As soon as practicable after making a direction, the Director-General must publish the direction and the reasons for the decision to make the direction on the Ministry of Health’s Internet site. Section 116E inserted 13 December 2021 section 5 Health (Fluoridation of Drinking Water) Amendment Act 2021 116F: Contents of direction 1: A direction must specify a date by which the local authority must comply with the direction, which must not be earlier than the date by which the Director-General considers it would be reasonably practicable for the local authority to comply. 2: A direction to add fluoride to drinking water must specify the level at which fluoride must be added. 3: A direction to add fluoride to drinking water may allow the local authority to supply, at 1 or more specified sites, water to which fluoride has not been added. Section 116F inserted 13 December 2021 section 5 Health (Fluoridation of Drinking Water) Amendment Act 2021 116G: Engagement with local authority 1: Before making a direction to add fluoride to drinking water, the Director-General must invite written comments from the relevant local authority on— a: the estimated financial cost of adding fluoride to the drinking water, including any additional costs of ongoing management and monitoring; and b: the date by which the local authority would be able to comply with a direction. 2: The Director-General must give the local authority at least 40 working days from the issuing of the invitation to provide its comments. 3: If the local authority provides comments within the specified time, the Director-General must— a: have regard to the comments; and b: if the Director-General decides to make a direction, summarise and respond to the comments in the reasons for the decision published under section 116E(5) Section 116G inserted 13 December 2021 section 5 Health (Fluoridation of Drinking Water) Amendment Act 2021 116H: Local authority not required to consult A local authority that receives a direction under section 116E section 116G Section 116H inserted 13 December 2021 section 5 Health (Fluoridation of Drinking Water) Amendment Act 2021 116I: Local authority must comply with direction 1: A local authority that receives a direction under section 116E See Part 1 2: If the direction requires fluoride to be added to drinking water, the local authority must take all practicable steps to ensure that the specified level of fluoride is present in the water immediately before it is available for consumption. 3: Subsection (2) does not apply to a site specified under section 116F(3) Section 116I inserted 13 December 2021 section 5 Health (Fluoridation of Drinking Water) Amendment Act 2021 2: Offences Subpart 2 inserted 13 December 2021 section 5 Health (Fluoridation of Drinking Water) Amendment Act 2021 116J: Offence to contravene or permit contravention of section 116I 1: A local authority that contravenes or permits the contravention of section 116I a: commits an offence; and b: is liable on conviction to a fine not exceeding $200,000; and c: if the offence is a continuing one, is liable to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues. 2: The continued existence of any thing, or the intermittent repetition of any action, that constitutes an offence under this section is a continuing offence for the purposes of this section. Section 116J inserted 13 December 2021 section 5 Health (Fluoridation of Drinking Water) Amendment Act 2021 116K: Strict liability and defence to offence 1: In a prosecution for an offence against section 116J 2: It is a defence to a prosecution if the defendant proves— a: that the defendant did not intend to commit the offence; and b: that the defendant took all practicable steps to prevent the commission of the offence. Section 116K inserted 13 December 2021 section 5 Health (Fluoridation of Drinking Water) Amendment Act 2021 116L: Time for filing charging document Despite anything to the contrary in section 25 section 116J Section 116L inserted 13 December 2021 section 5 Health (Fluoridation of Drinking Water) Amendment Act 2021 116M: Additional penalty for certain offences for commercial gain 1: If a person is convicted of an offence against section 116J 2: The court may order the person to pay an amount not exceeding— a: 3 times the value of any commercial gain resulting from the commission of the offence; or b: if the person is a body corporate, and the value of any gain cannot be readily ascertained, 10% of the turnover of the body corporate and all of its interconnected bodies corporate (if any). 3: For the purposes of subsection (1), the value of any gain (if readily ascertainable) must be assessed by the court, and any amount ordered to be paid under subsection (2)(a) or (b) is recoverable in the same manner as a fine. 4: In this section, interconnected turnover section 2 Section 116M inserted 13 December 2021 section 5 Health (Fluoridation of Drinking Water) Amendment Act 2021 116N: Liability of principal for acts of agents 1: If an offence is committed against section 116J person A person B 2: Despite subsection (1), if proceedings are brought under that subsection, it is a good defence if the defendant proves,— a: in the case of a natural person (including a partner in a firm), that— i: they did not know, and could not reasonably be expected to have known, that the offence was to be or was being committed; or ii: they took all practicable steps to prevent the commission of the offence; or b: in the case of a body corporate, that— i: neither the directors nor any person concerned in the management of the body corporate knew, or could reasonably be expected to have known, that the offence was to be or was being committed; or ii: the body corporate took all practicable steps to prevent the commission of the offence; and c: in all cases, that the defendant took all practicable steps to remedy any effects of the act or omission giving rise to the offence. 3: If any body corporate is convicted of an offence against section 116J a: that the act that constituted the offence took place with their authority, permission, or consent; and b: that they knew, or could reasonably be expected to have known, that the offence was to be or was being committed and failed to take all practicable steps to prevent or stop it. Section 116N inserted 13 December 2021 section 5 Health (Fluoridation of Drinking Water) Amendment Act 2021 6: Regulations 117: Regulations as to public health 1: The Governor-General may from time to time by Order in Council make such regulations as may in his opinion be necessary or expedient for giving full effect to the provisions of this Act, and for all or any of the following purposes: a: the improvement, promotion, and protection of public health: b: the inspection, cleansing, purifying, disinfection, fumigation, and isolation of ships, aircraft, houses, buildings, yards, conveyances, drains, sewers, and things: c: the destruction of insanitary d: the vaccination of persons for the prevention of quarantinable diseases and other diseases, and the adoption of any other measures for the prevention and mitigation of disease: da: the management of persons with, or suspected of having, infectious diseases, including persons subject to an urgent public health order or a court order under Part 3A e: the provision of medical aid, transport, accommodation, and curative treatment for the sick: f: the transportation and disposal of the dead: g: the isolation, disinfection, and treatment of persons suffering from any infectious disease: h: the isolation or medical observation and surveillance of persons suspected to be suffering from any infectious disease, of persons in charge of or in attendance on persons suffering from any infectious disease, and of other persons who may have been exposed to the infection of any infectious disease: ha: the identification of, and communication with, contacts of persons with, or suspected of having, infectious diseases: i: the prevention of the spread of any infectious disease by persons who are contacts or carriers within the meaning of this Act, and the keeping of such persons under medical surveillance, and the restriction of the movements and the preventive treatment of such persons: j: with respect to any infectious disease, prescribing the period which shall be deemed to be the period of incubation of that disease for the purposes of this Act: k: the clinical, chemical, bacteriological, and other examinations and investigations necessary to determine whether any person is suffering from disease or is a carrier of any infectious disease, and whether any person who has been suffering from any infectious disease has ceased to be likely to convey infection: l: the closing of schools or the regulation or restriction of school attendance to prevent or restrict the spread of any infectious disease: m: prescribing the duties of parents or guardians of children who are suffering from, or have recently suffered from or been exposed to the infection of, any infectious disease, and the duties of persons in charge of schools in respect of any such children: n: prescribing the accommodation to be provided in connection with boarding schools, orphanages, or other like institutions for the reception of persons in attendance thereat or resident therein who may be suffering from any infectious disease or who may be contacts within the meaning of this Act: o: the regulation or restriction of the attendance of the public, or of any section of the public, at any place of public recreation or amusement or concourse, or the closing of any such places for admission to the public: p: the regulation, restriction, or prohibition of the convening, holding, or attending of any public gatherings: q: the regulation or restriction of traffic and the movements of persons within or from any area in which an infectious disease is prevalent: r: prescribing the form and content of , veterinary surgeons, or persons in charge of laboratories ra: prescribing identifying information for the purpose of section 74(3C)(b) rb: prescribing, for the purposes of section 115 i: in the case of an individual, may not exceed $1,000: ii: in the case of a body corporate, may not exceed $5,000: rc: prescribing, for the purposes of section 116A section 21 section 116A s: the prohibition or regulation of the importation into New Zealand of any animal or thing likely to introduce or disseminate disease: t: the destruction of rats, mice, and other vermin, whether on land or on board any ship or any aircraft, the abolition or prevention of conditions favourable to vermin, and the prevention of the migration of rats and mice from ships and aircraft: u: securing and maintaining the cleanliness and efficient sanitation of ships and aircraft, and preventing danger to health from overcrowding on any ship within any harbour in New Zealand, and preventing the pollution of the waters of any harbour with offensive matter from any ship: v: the prevention of the pollution, so as to be injurious to health, of any river, stream, watercourse, or lake, whether used as a source of water supply or not: w: the protection of food from the infection of any communicable disease on any premises used for the manufacture, preparation, packing, storage x: the organisation of local committees to assist in giving effect to the provisions of this Act in the event of epidemics of disease, and defining the powers of such committees: y: prescribing or providing for the fixing of in respect of the inspection of premises expressly exempted from registration or in respect z: prescribing offences in respect of the contravention of or non-compliance with any regulation made under this Act or any requirement or direction made or given pursuant to any such regulation. 1A: Without limiting anything in paragraph (i) of subsection (1), regulations may be made under that paragraph for all or any of the following purposes: a: regulating the importation, sale, exchange, supply, use, and disposal of needles and syringes, whether new or used: b: empowering or requiring the Director-General to approve kinds of needles and syringes, and the packaging and labelling of needles and syringes, for importation into, or sale, exchange, or supply in New Zealand, and prohibiting the importation, sale, exchange, or supply of needles and syringes of any other kind or packaged or labelled in any other manner: c: empowering the Director-General to fix any fee or cost to be charged for the sale, exchange, or supply of any needle or syringe (whether or not including the cost of packaging). 2: The Governor-General may from time to time by Order in Council make regulations for any matter affecting public health 3: Where any local authority fails to make bylaws for any such matter as aforesaid, or, having made such bylaws, fails to enforce them effectively, and the Governor-General makes regulations in respect of that matter pursuant to the authority conferred by subsection (2), such portion of the cost of the administration of those regulations as the Director-General by the Crown 4: Nothing in any provision of this Part shall be construed to limit the generality of any other provision of this Part. 5: Regulations under this section are secondary legislation ( see Part 3 6: If regulations referred to in subsection (1A)(c) empower the Director-General to fix fees or costs, a: the instrument fixing the fees or costs see Part 3 b: the regulations must contain a statement to that effect. 1920 No 45 s 132(1)(a)–(t), (z), (ac)–(ae), (2), (3); 1940 No 17 s 15(1)(c), (2) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (5). Legislation Act 2019 requirements for secondary legislation referred to in subsection (5) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (6)(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (6)(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (5) LA19 ss 73 74 cl 14 Presentation The Minister must present it to the House of Representatives, unless a transitional exemption applies under Schedule 1 LA19 s 114 cl 32 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 117(1)(a) replaced 22 January 1996 section 3(3) Health and Disability Services Amendment Act 1995 Section 117(1)(c) amended 1 July 1992 Building Act 1991 Section 117(1)(da) inserted 4 January 2017 section 12(1) Health (Protection) Amendment Act 2016 Section 117(1)(ha) inserted 4 January 2017 section 12(2) Health (Protection) Amendment Act 2016 Section 117(1)(r) amended 4 January 2017 section 12(3) Health (Protection) Amendment Act 2016 Section 117(1)(r) amended 3 November 1964 section 7(a) Health Amendment Act 1964 Section 117(1)(ra) inserted 4 January 2017 section 12(4) Health (Protection) Amendment Act 2016 Section 117(1)(rb) inserted 4 January 2017 section 12(4) Health (Protection) Amendment Act 2016 Section 117(1)(rc) inserted 4 January 2017 section 12(4) Health (Protection) Amendment Act 2016 Section 117(1)(w) amended 3 November 1964 section 7(b) Health Amendment Act 1964 Section 117(1)(y) amended 20 October 1972 Health Amendment Act 1972 Section 117(1)(y) amended 3 November 1964 section 7(c) Health Amendment Act 1964 Section 117(1A) inserted 13 January 1988 Health Amendment Act (No 2) 1987 Section 117(2) amended 22 January 1996 section 3(3) Health and Disability Services Amendment Act 1995 Section 117(3) amended 1 July 1993 section 31 Health Amendment Act 1993 Section 117(3) amended 23 March 1987 section 7(2) Health Amendment Act 1987 Section 117(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 117(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 117(6) amended 28 October 2021 regulation 75(1) Legislation Act (Amendments to Legislation) Regulations 2021 Section 117(6)(a) amended 28 October 2021 regulation 75(2) Legislation Act (Amendments to Legislation) Regulations 2021 118: Regulations as to quarantine Regulations made under this Act may provide for all or any of the following matters: a: the procedure to be adopted in the inspection of ships or aircraft arriving in New Zealand and in the examination of persons on such ships or arriving by such aircraft; the conditions subject to which pratique may be granted; and generally the performance of quarantine: b: the measures of disinfection, including the disinfection of any things, to be adopted in respect of any ship or aircraft on which any infectious disease exists or is reported to exist: c: the isolation and treatment of persons arriving in New Zealand who are or are suspected to be suffering from any quarantinable disease or who have or are suspected to have been exposed to the infection of a quarantinable disease or who are otherwise liable to quarantine under section 97 cc: the payment by any person who has been isolated pursuant to regulations made under this section of the reasonable cost of his treatment and maintenance while in isolation, and the exemption of any person, in whole or in part, from liability to make such payment: d: the release of persons from quarantine, either unconditionally or subject to conditions as to medical surveillance or otherwise: e: the exemption of ships, aircraft, persons, or things of any specified classes, or in any specified circumstances or classes of circumstances, from the operation of any of the provisions of Part 4 f: the powers, functions, and duties of medical officers of health 1920 No 45 s 132(1)(u)–(w); 1940 No 17 s 11(5) Section 118(c) replaced 3 November 1964 section 8 Health Amendment Act 1964 Section 118(cc) inserted 3 November 1964 section 8 Health Amendment Act 1964 Section 118(f) amended 1 April 1983 Health Amendment Act 1982 119: Regulations as to noxious substances and gases and dangerous goods Regulations made under this Act may provide for all or any of the following matters: a: the regulation of the handling, storage, and disposal of noxious substances or of goods that are or may become injurious to health or dangerous; the precautions to be taken in respect thereof, and the protective clothing to be provided for and used by persons or classes of persons engaged therein; the modification or limitation of the hours of employment, and the medical examination, of any such persons as aforesaid; and the prohibition or restriction of the employment of young persons therein: b: the prohibition or restriction of the sale, for domestic use, of any apparatus or equipment that is or may be injurious to health or dangerous, or that involves the use of any poisonous or noxious substance in such a manner as to be likely to cause injury to health or danger: c: d: the prohibition, restriction, or regulation, of the use, sale, or supply of any apparatus or equipment which may emit electromagnetic radiation (other than X-rays or gamma rays), and the licensing or registration of persons, premises, or things in relation to any such use, sale, or supply. 1920 No 45 ss 67(q), 132(2) Section 119(c) repealed 1 April 1974 Clean Air Act 1972 Section 119(d) inserted 8 December 1971 Health Amendment Act 1971 120: Regulations as to registration 1: Regulations made under this Act may provide for all or any of the following matters: a: b: the registration of persons qualified to embalm dead bodies, or to prepare the dead for burial or cremation, or to conduct funerals; and prohibiting, either absolutely or subject to conditions, the undertaking of any such duties by unregistered persons. 2: Regulations made under this Act may provide for the registration by local authorities of premises used— a: as lodginghouses: b: as eatinghouses: c: for the manufacture, preparation, packing, storage, or handling d: for the carrying on of any offensive trade e: as stock saleyards: f: as hairdressers' shops or barbers' shops: g: as funeral directors' premises, that is to say premises in which persons registered under regulations made pursuant to paragraph (b) of subsection (1) regularly embalm dead bodies or prepare the dead for burial or cremation. 3: Any such regulations may prescribe conditions subject to which registration may be granted or renewed or revoked, and conditions to be complied with in the absence of such registration. 1920 No 45 s 132(1)(aa); 1940 No 17 s 15(1)(a), (b) Section 120(1)(a) repealed 1 April 1977 section 68(2) Plumbers, Gasfitters, and Drainlayers Act 1976 Section 120(2)(c) amended 3 November 1964 section 9(1) Health Amendment Act 1964 Section 120(2)(d) amended 1 April 1974 Clean Air Act 1972 Section 120(2)(f) inserted 3 November 1964 section 9(2) Health Amendment Act 1964 Section 120(2)(g) inserted 3 November 1964 section 9(2) Health Amendment Act 1964 120A: Regulations as to homes and day-care centres for aged persons 1: Regulations made under this Act may provide for the registration, licensing, and control of homes and day-care centres for aged persons within the meaning of subsections (4) and (5). 2: Any such regulations may— a: prescribe, either by reference to other enactments or otherwise, minimum standards of staffing to be provided in all such homes and day-care centres or in any class or classes of such homes or day-care centres: b: require compliance by the proprietors of all such homes and day-care centres with specified codes of practice or specified standards relating to management of premises and care of persons: c: provide for the inspection of all such homes and day-care centres and of premises reasonably believed to be such homes or day-care centres: d: prescribe licence fees to be payable by the proprietors of all such homes and day-care centres or any class or classes of such homes or day-care centres: e: prescribe conditions to govern, or that may be imposed in respect of, the grant and transfer of licences for such homes and day-care centres and the duties of licensees thereof: f: provide for the cancellation of such licences: g: exempt or provide for the exemption of any such home or day-care centre or any class or classes of such homes or day-care centres from all or any of the provisions of the regulations: h: provide for the granting of temporary licences in respect of homes and day-care centres which do not comply with the minimum standards prescribed: i: prescribe the conditions subject to which persons may be accommodated in homes, whether those persons have attained the age of 65 years or not: j: prescribe minimum standards of care to be provided for residents in homes and for aged persons in day-care centres: k: prescribe activity programmes to be conducted for residents in homes and for aged persons in day-care centres: l: prescribe the qualifications required for managers of homes: m: prescribe training courses required to be undergone by persons employed in homes and day-care centres. 3: Every person commits an offence against this Act who holds out, or uses any words which are likely to lead persons to believe, that any home is a licensed hospital within the meaning of the Hospitals Act 1957 Mental Health (Compulsory Assessment and Treatment) Act 1992 4: In this section the term home or by or through a civil union or de facto relationship and not being a licensed hospital within the meaning of the Hospitals Act 1957 Mental Health (Compulsory Assessment and Treatment) Act 1992 5: In this section the term day-care centre or by or through a civil union or de facto relationship a: a home; or b: any premises expressly excepted from the definition of home in subsection (4); or c: any premises in which such accommodation may be provided by virtue of powers conferred by, or by virtue of a licence issued by a local authority under, any other enactment. Section 120A replaced 1 July 1992 Building Act 1991 Section 120A(3) amended 1 July 1993 section 32(a) Health Amendment Act 1993 Section 120A(4) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 120A(4) amended 1 July 1993 section 32(b) Health Amendment Act 1993 Section 120A(5) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 120B: Regulations as to camping grounds 1: Regulations made under this Act may provide for the registration, licensing, and control of camping grounds carried on for fee or reward, and of persons carrying on camping grounds for such purpose. 2: Any such regulations may— a: prescribe, either by reference to other enactments or otherwise, minimum standards of accommodation, equipment, facilities, and amenities to be provided at any such camping grounds, and minimum standards of cleanliness and sanitation to be observed therein: b: prescribe the form and manner in which applications for registration and licences under the regulations are to be made, and the information to be supplied in support of any such application: c: prescribe, or provide for the fixing by local authorities of, fees for— i: any application under the regulations: ii: registration and the issue of licences under the regulations: iii: the renewal of registration and licences under the regulations: d: exempt or provide for the exemption of any person or class of persons from liability to pay any such fees: e: prescribe conditions to govern, or that may be imposed in respect of, the grant, renewal, and transfer of registration and licences under the regulations: f: require persons carrying on camping grounds to keep such descriptive plans, and such records, registers, and other documents as may be specified in the regulations, and prescribe the particulars to be shown on or entered in any such plan, record, register, or other document: g: prescribe the duties of persons carrying on any camping ground or any class of camping grounds to which the regulations for the time being apply: h: provide for the inspection of any such camping ground or of any class of such camping grounds: i: provide for the cancellation of registration and licences under the regulations: j: exempt or provide for the exemption of any camping ground or person, or any class of camping grounds or persons, from any of the provisions of the regulations, either unconditionally or on such terms and subject to such conditions as may be prescribed or authorised by the regulations: k: prescribe or make provision for such other matters as may be necessary for the due administration of this section and of any such regulations. Section 120B inserted 10 December 1976 section 2(1) Health Amendment Act 1976 120C: Regulations as to housing improvement and overcrowding 1: Subject to the Building Act 2004 a: the construction, condition, and situation of dwellinghouses, and the space about dwellinghouses: b: the drainage, sanitation, ventilation, lighting, and cleanliness of dwellinghouses and of the land on which dwellinghouses are situated: c: the repair of dwellinghouses: d: the provision in respect of dwellinghouses of a proper supply of potable e: the protection of dwellinghouses from damp, excessive noise, and heat loss: f: the dimensions, cubical content, and height of rooms of dwellinghouses. 2: Regulations may also be made under this Act for the purpose of preventing overcrowding in dwellinghouses. 3: Without limiting the general power conferred by subsection (2), regulations may be made pursuant to that subsection for all or any of the following purposes: a: prescribing the number of persons permitted to reside in dwellinghouses, having regard to the number of rooms, the amount of floor space, air space, or ventilation thereof, and the amenities provided: b: prescribing methods of calculating the number of persons, the number of rooms, and the amount of the floor space, air space, or ventilation thereof: c: prescribing offences in respect of the contravention of or non-compliance with any regulations made under that subsection, and the amounts of fines that may be imposed in respect of any such offences, which fines shall be an amount not exceeding $500. Section 120C inserted 30 November 1979 Health Amendment Act 1979 Section 120C(1) amended 31 March 2005 section 414 Building Act 2004 Section 120C(1) amended 1 July 1992 Building Act 1991 Section 120C(1)(d) amended 1 July 2008 section 8 Health (Drinking Water) Amendment Act 2007 121: Regulations as to qualifications of environmental health officers 1: Regulations made under this Act may prescribe the qualifications to be possessed by persons appointed by local authorities as environmental health officers 2: Any such regulations may prescribe the qualifications of fully qualified environmental health officers environmental health officers 3: Any such regulations may prescribe conditions subject to which persons who are not fully qualified as environmental health officers 1920 No 45 s 132(1)(ab); 1940 No 17 s 5(1) Section 121 heading amended 26 July 1988 section 2(4) Health Amendment Act 1988 Section 121(1) amended 26 July 1988 section 2(4) Health Amendment Act 1988 Section 121(2) amended 26 July 1988 section 2(4) Health Amendment Act 1988 Section 121(3) amended 26 July 1988 section 2(4) Health Amendment Act 1988 121A: Regulations as to retention of health information 1: Regulations made under this Act may provide for all or any of the following matters: a: the minimum periods for which health information or specimens health information or specimens b: the safeguards to be taken by any holder, or any class or classes of holder, of health information or specimens health information or specimens health information or specimens i: loss, damage, or destruction: ii: access, use, modification, or disclosure, except where properly authorised: iii: other misuse: c: the procedures (including procedures requiring notification to the public, or any section of the public, or to any particular persons) to be followed by any holder, or any class or classes of holder, of health information or specimens health information or specimens that information or those specimens 2: In this section, health information section 22B and specimen Section 121A inserted 1 July 1993 Health Amendment Act (No 2) 1993 Section 121A(1)(a) amended 7 March 2005 section 5(1) Health (National Cervical Screening Programme) Amendment Act 2004 Section 121A(1)(b) amended 7 March 2005 section 5(2) Health (National Cervical Screening Programme) Amendment Act 2004 Section 121A(1)(c) amended 7 March 2005 section 5(3) Health (National Cervical Screening Programme) Amendment Act 2004 Section 121A(1)(c) amended 7 March 2005 section 5(4) Health (National Cervical Screening Programme) Amendment Act 2004 Section 121A(2) amended 7 March 2005 section 5(5) Health (National Cervical Screening Programme) Amendment Act 2004 122: Special provisions as to regulations 1: Any regulations made under this Act may apply generally, or may apply, or be applied from time to time by the Minister by notice 2: If at any time while any such regulations apply within any specified district or subdivision of a district of any local authority the boundaries of the district or subdivision are altered, the regulations, unless the context thereof or of any such notice as aforesaid otherwise requires, shall thereafter apply within the district or subdivision as so altered. 3: The operation of any regulations made under this Act may, if so provided in the regulations, be wholly suspended until they are applied by the Minister by notice pursuant to subsection (1). 4: So far as the bylaws of any local authority in force in any locality are inconsistent with or repugnant to any regulations under this Act in force in that locality, the bylaws shall be deemed to be subject to the regulations. 5: 6: The Minister, before recommending the making of any regulations under section 117 section 119 section 2 must consult the Environmental Protection Authority established by section 7 7: A notice under this section is secondary legislation ( see Part 3 1920 No 45 s 133 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 122(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 122(5) repealed 19 December 1989 section 11 Regulations (Disallowance) Act 1989 Section 122(6) inserted 2 July 2001 section 149 Hazardous Substances and New Organisms Act 1996 Section 122(6) amended 1 July 2011 section 53(1) Environmental Protection Authority Act 2011 Section 122(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 7: Miscellaneous provisions 123: Powers of Director-General 1: a: fails to commence or to complete the provision, alteration, or extension of those works within such time as the Director-General section 25 b: has, in the opinion of the Director-General the Director-General may, at the direction of the Minister, 2: Where any local authority otherwise fails to exercise any power or perform any duty under this Act, the Director-General himself or herself 3: For the purposes of this section the Director-General 4: Subject to the succeeding provisions of this section, when any work is done or any power or duty is exercised or performed by or on behalf of the Director-General 5: All expenses incurred by the Director-General under this section shall be paid in the first instance out of public money. 6: All public money so paid, together with reasonable costs in respect of administration, shall be recoverable from the local authority as a debt due to the Crown, or may be deducted from any money payable by the Crown to the local authority. 7: All money recovered from any local authority under this section, or deducted as aforesaid, shall be paid into a Crown Bank Account 1920 No 45 s 143; 1951 No 44 s 7 Section 123 heading amended 23 March 1987 section 7(2) Health Amendment Act 1987 Section 123(1) amended 23 March 1987 section 7(2) Health Amendment Act 1987 Section 123(1)(a) amended 23 March 1987 section 7(2) Health Amendment Act 1987 Section 123(1)(b) amended 23 March 1987 section 7(2) Health Amendment Act 1987 Section 123(2) amended 23 March 1987 section 7(2) Health Amendment Act 1987 Section 123(3) amended 23 March 1987 section 7(2) Health Amendment Act 1987 Section 123(4) amended 23 March 1987 section 7(2) Health Amendment Act 1987 Section 123(5) replaced 1 July 1993 section 33 Health Amendment Act 1993 Section 123(6) replaced 1 July 1993 section 33 Health Amendment Act 1993 Section 123(7) replaced 1 July 1993 section 33 Health Amendment Act 1993 Section 123(7) amended 25 January 2005 section 65R(3) Public Finance Act 1989 123A: Mandamus The Minister High Court Section 123A inserted 3 November 1964 section 11 Health Amendment Act 1964 Section 123A amended 1 October 1988 section 4(3) Health Amendment Act 1988 Section 123A amended 1 April 1980 section 12 Judicature Amendment Act 1979 124: Constitution and powers of boards of appeal Section 124 repealed 14 November 2018 section 75 Tribunals Powers and Procedures Legislation Act 2018 125: Medical examination of children 1: In this section,— early childhood education and care centre State school section 10(1) private school section 214 2: Any medical officer employed in the Ministry or other person , or any nurse employed by the Royal New Zealand Society for the Health of Women and Children (Incorporated) engaged in work pursuant to a contract in that behalf between the said Society and the Minister State school 3: The powers conferred by subsection (2) may be exercised in respect of any private school, and in respect of the children attending there, if application in that behalf is made in writing to the medical officer of health by the controlling authority thereof. Any such application may be revoked in like manner at any time. Section 125 replaced 23 November 1967 Health Amendment Act 1967 Section 125(1) replaced 1 August 2020 section 668 Education and Training Act 2020 Section 125(2) amended 1 August 2020 section 668 Education and Training Act 2020 Section 125(2) amended 24 October 2018 section 24 Education Amendment Act 2018 Section 125(2) amended 1 July 1993 section 35 Health Amendment Act 1993 Section 125(2) amended 30 November 1979 Health Amendment Act 1979 126: Infirm and neglected persons 1: If any aged, infirm, incurable, or destitute person is found to be living in insanitary conditions or without proper care or attention, the District Court any appropriate hospital or institution 2: An order under this section may be made in respect of any such person who habitually lives in any such conditions as aforesaid, notwithstanding that at the time of the application or of the order he may have been temporarily removed from such conditions or such conditions may have been temporarily remedied. 3: If any person in respect of whom an order is made under this section refuses to comply with that order, any environmental health officer 1920 No 45 s 142; 1940 No 17 s 13 Section 126(1) amended 1 March 2017 section 261 District Court Act 2016 Section 126(1) amended 1 July 1993 section 36 Health Amendment Act 1993 Section 126(3) amended 26 July 1988 section 2(4) Health Amendment Act 1988 126A: Persons attempting to commit suicide Section 126A repealed 1 July 1993 section 37(1) Health Amendment Act 1993 126B: Blood transfusions Section 126B repealed 1 July 2005 section 151 Care of Children Act 2004 127: Attendance of medical officer of health at meetings of local authorities At the request or with the consent of any local authority, the medical officer of health may attend any meeting of the local authority, or of any committee of the local authority, and take part in the discussion of any matter relating to public health provided that he shall not have the right to vote on any question at any such meeting, and shall retire from the meeting whenever he is requested to do so by the chairman of the meeting. Section 127 amended 22 January 1996 section 3(3) Health and Disability Services Amendment Act 1995 128: Power of entry and inspection For the purposes of this Act any medical officer of health, or any health protection officer 1920 No 45 s 134; 1940 No 17 s 18 Section 128 amended 26 July 1988 section 2(5) Health Amendment Act 1988 128A: Building Act 2004 1: Where any person making an inspection in accordance with section 128 Building Act 2004 2: For the purposes of this section, the terms building sitework territorial authority Building Act 2004 Section 128A inserted 1 July 1992 Building Act 1991 Section 128A heading amended 31 March 2005 section 414 Building Act 2004 Section 128A(1) amended 31 March 2005 section 414 Building Act 2004 Section 128A(2) amended 31 March 2005 section 414 Building Act 2004 129: Protection of persons acting under authority of Act 1: A person who , in pursuance or intended pursuance of any of the provisions of this Act, does any act, or fails or refuses to do any act, , or failed or refused to act, 2: No proceedings, civil or criminal, shall be brought against any person in any court in respect of any act, failure, or refusal, to which subsection (1) applies High Court , or failed or refused to act, 3: Notice of any application under subsection (2) shall be given to the person against whom it is sought to bring the proceedings, and that person shall be entitled to be heard against the application. 4: Leave to bring such proceedings shall not be granted unless application for such leave is made within 6 months after the act , failure, or refusal 5: In granting leave to bring any such proceedings as aforesaid, the Judge may limit the time within which such leave may be exercised. 6: 1940 No 17 s 14 Section 129(1) amended 9 December 1994 Health Amendment Act (No 3) 1994 Section 129(1) amended 9 December 1994 Health Amendment Act (No 3) 1994 Section 129(2) amended 9 December 1994 Health Amendment Act (No 3) 1994 Section 129(2) amended 9 December 1994 Health Amendment Act (No 3) 1994 Section 129(2) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 129(4) amended 9 December 1994 Health Amendment Act (No 3) 1994 Section 129(6) repealed 15 November 2021 section 206(1) Water Services Act 2021 130: Expenses of local authorities 1: All expenses incurred by or on behalf of any local authority in carrying out any of the provisions of this Act may be paid by the local authority out of its general funds. 2: 3: 1920 No 45 s 140 Section 130(2) repealed 1 July 2003 section 138(1) Local Government (Rating) Act 2002 Section 130(3) repealed 1 July 2003 section 138(1) Local Government (Rating) Act 2002 131: Service of documents 1: Any document required or authorised under this Act, or under any regulations or bylaws made under this Act, to be served on any person may be served by delivering it to that person, or by leaving it at his usual or last known place of abode or business, or by posting it by 2: If the person is absent from New Zealand the document may be served in any such manner as aforesaid on his agent in New Zealand. If he is deceased, the notice may be served in any such manner as aforesaid on his personal representative. 3: If the person or his place of abode or business is not known, or if he is absent from New Zealand and has no known agent in New Zealand, or is deceased and has no personal representative, the document may be served in such manner as may be directed by the High Court 3A: In the case of a document relating to any land or premises in which more than 5 persons hold an estate or interest as tenants in common, service of such document on any 5 of those persons shall, without prejudice to the provisions of subsection (5) of section 42 4: Notwithstanding anything in the foregoing provisions of this section, the High Court 1920 No 45 s 136 Section 131(1) amended 26 July 1988 section 8 Health Amendment Act 1988 Section 131(3) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 131(3A) inserted 3 November 1964 section 12 Health Amendment Act 1964 Section 131(4) amended 1 April 1980 section 12 Judicature Amendment Act 1979 132: Procedure in respect of charges on land Where by this Act any money is declared to be a charge on any land the following provisions shall apply: a: if any question or dispute arises as to the fact or amount of the charge, or as to the land subject thereto, or as to the persons liable to pay the amount of the charge, it shall be determined by the District Court b: subject to any decision of the court, a certificate under the hand of the medical officer of health or of the mayor, chairperson, or chief executive of the local authority is sufficient evidence of the amount of the charge, the land subject to the charge, and the persons liable to pay the amount of the charge: c: the charge may be registered under the provisions of subpart 5 d: except as hereinafter provided, the charge shall, on registration, have priority over all existing or subsequent mortgages, charges, or encumbrances howsoever created. Notwithstanding anything to the contrary in any other Act, if any land subject to the charge is also subject to a charge created by that other Act, the charges shall rank equally with each other unless by virtue of that other Act the charge created thereby would be deferred to the charge created by this Act. 1920 No 45 s 144 Section 132(a) amended 1 March 2017 section 261 District Court Act 2016 Section 132(b) replaced 1 July 2003 section 262 Local Government Act 2002 Section 132(c) amended 12 November 2018 section 250 Land Transfer Act 2017 132A: Bursaries 1: For the purpose of assisting suitable persons to qualify for professions, occupations, and callings concerned with the maintenance or promotion of public health, or for obtaining additional qualifications in such professions, occupations, or callings, the Minister may establish bursaries which shall be of such number and value as he may determine, with the concurrence of the Minister of Finance, in respect of any particular case or class of cases. 2: All payments in connection with bursaries so established shall be paid out of money appropriated by Parliament for the purpose. 3: Without limiting the power to make regulations under section 117 4: Any person to whom a bursary is awarded under this section (in this section referred to as the bursar provided that, in any case where the bursar is required, as a condition for the discharge of the bond, to render a period or periods of service, the said sum shall be reduced during the currency of the bond by an amount equivalent to the proportion that the service rendered by the bursar in accordance with the condition of the bond bears to the full period of service required for the discharge of the bond. 5: The Minister may require that such a bond shall also be signed by a parent or guardian, or by some person approved by the Minister, as surety; and in that event the bursar and such surety shall be jointly and severally liable thereunder. 6: Every such bond shall be enforceable against the bursar and the surety who signs it, notwithstanding anything in this Act or any other Act or any rule of law. 7: Nothing in this section shall affect any bursary awarded by or on behalf of the Minister otherwise than pursuant to this section or the validity of any agreement, bond, or acknowledgement, whether executed before or after the commencement of this section, relating to any such bursary. Section 132A inserted 1 August 1965 section 13(1) Health Amendment Act 1964 133: Obstruction of officers Every person commits an offence against this Act who wilfully obstructs, hinders, or resists any person in the execution of any powers conferred on him by or pursuant to this Act. 1920 No 45 s 135 134: Failure to disclose name of owner or occupier 1: The occupier, or the agent of the owner, of any premises commits an offence against this Act if he refuses or wilfully fails to disclose or wilfully misstates the name and address of the owner of the premises when requested by the medical officer of health or any environmental health officer 2: The owner of any premises commits an offence against this Act if he refuses or wilfully fails to disclose or wilfully misstates the name of the occupier of the premises when requested by a medical officer of health or any environmental health officer 1920 No 45 s 137 Section 134(1) amended 26 July 1988 section 2(4) Health Amendment Act 1988 Section 134(2) amended 26 July 1988 section 2(4) Health Amendment Act 1988 135: Interference by owner or occupier If in the performance of any duty imposed on him by or pursuant to this Act the owner of any premises is obstructed in any way by the occupier, or the occupier by the owner, the one who obstructs or hinders the other commits an offence against this Act. 1920 No 45 s 138 136: General penalty for offences Every person who commits an offence against this Act, or against any regulations made under this Act, for which no penalty is provided elsewhere than in this section is liable on conviction $500 $50 1917 No 24 s 11; 1920 No 45 s 145(1) Section 136 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 136 amended 30 November 1979 Health Amendment Act 1979 137: Offences punishable on summary conviction Section 137 repealed 1 July 2013 section 413 Criminal Procedure Act 2011 137A: Incorporation of material by reference into regulations and compliance documents 1: The following material may be incorporated by reference into any regulations, standards, or other compliance documents ( instruments Part 4A a: standards, requirements, or recommended practices of national or international organisations: b: any other written material that, in the opinion of the Minister or, as appropriate, the Director-General, is too large or is impractical to include in, or print as part of, the instruments concerned. 2: Material may be incorporated by reference in an instrument— a: in whole or in part; and b: with modifications, additions, or variations specified in the instrument. 3: The incorporated material— a: is the material as it exists at the time that the instrument is made or issued; and b: forms part of the instrument for all purposes and has legal effect accordingly. Section 137A inserted 1 July 2008 section 10 Health (Drinking Water) Amendment Act 2007 137B: Effect of amendments to, or replacement of, material incorporated by reference An amendment to, or replacement of, material incorporated by reference in this Act or in an instrument has legal effect as part of the instrument only if— a: the amendment or replacement material is made by the person or organisation originating the incorporated material; and b: the amendment or replacement material is of the same general character as the material amended or replaced; and c: either,— i: in the case of material incorporated in this Act or in regulations, regulations are made that state that the particular amendment or replacement has that effect; or ii: in the case of material incorporated in a compliance document, the Director-General, by notice in the Gazette Section 137B inserted 1 July 2008 section 10 Health (Drinking Water) Amendment Act 2007 137C: Proof of material incorporated by reference 1: A copy of material incorporated by reference in this Act or in an instrument, including any amendment to, or replacement of, the material ( material a: certified as a correct copy of the material by the Minister or, as appropriate, the Director-General; and b: retained by the Minister or, as appropriate, the Director-General. 2: The production in proceedings of a certified copy of the material is, in the absence of evidence to the contrary, sufficient evidence of the incorporation in the instrument of the material. Section 137C inserted 1 July 2008 section 10 Health (Drinking Water) Amendment Act 2007 137D: Effect of expiry of material incorporated by reference 1: Material incorporated by reference in this Act or an instrument that expires or that is revoked or that ceases to have effect ceases to have legal effect as part of the Act or the instrument only if the Minister or, as appropriate, the Director-General, by notice 2: A notice under this section is secondary legislation ( see Part 3 3: If the material is incorporated by reference in a compliance document, the Director-General must publish the notice in the Gazette The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 137D inserted 1 July 2008 section 10 Health (Drinking Water) Amendment Act 2007 Section 137D(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 137D(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 137D(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 137E: Requirement to consult 1: This section applies if— a: the Minister proposes to make a recommendation for— i: regulations to be made under this Act that incorporate material by reference; or ii: regulations under section 137B(c)(i) b: the Director-General proposes to— i: issue a standard or other compliance document that incorporates material by reference; or ii: publish, under section 137B(c)(ii) Gazette 2: Before doing any of the things referred to in subsection (1), the Minister or, as the case may be, the Director-General must— a: make copies of the material proposed to be incorporated by reference or the proposed amendment to, or replacement of, material incorporated by reference ( proposed material b: make copies of the proposed material available for purchase at a reasonable price at the Ministry's office in Wellington; and c: give notice in the Gazette i: the proposed material is available for inspection during working hours, free of charge, the place at which it can be inspected, and the period during which it can be inspected; and ii: copies of the proposed material can be purchased and the place at which they can be purchased; and d: allow a reasonable opportunity for persons to comment on the proposal to incorporate the proposed material by reference; and e: consider any comments they make. 3: Before doing any of the things referred to in subsection (1), the Minister or, as the case may be, the Director-General— a: may make copies of the proposed material available in any other way that he or she considers appropriate in the circumstances (for example, on an Internet website); and b: must, if paragraph (a) applies, give notice in the Gazette 4: The reference in subsections (2) and (3) to the proposed material includes, if the material is not in an official New Zealand language, an accurate translation in an official New Zealand language of the material. 5: A failure to comply with this section does not invalidate an instrument that incorporates material by reference. Section 137E inserted 1 July 2008 section 10 Health (Drinking Water) Amendment Act 2007 137F: Access to material incorporated by reference 1: The Director-General— a: must make the material referred to in subsection (2) ( material b: must make copies of the material available for purchase at a reasonable price at all of the Ministry's offices; and c: may make copies of the material available in any other way that the Director-General considers appropriate in the circumstances (for example, on an Internet website); and d: must give notice in the Gazette i: the material is incorporated in an instrument and the date on which the instrument was made; and ii: the material is available for inspection during working hours, free of charge, at the Ministry's office in Wellington and the location of that office; and iii: copies of the material can be purchased at all of the Ministry's offices and the location of those offices; and iv: if copies of the material are made available under paragraph (c), the material is available in other ways and the details of where or how it can be accessed or obtained. 2: The material is— a: material incorporated by reference in this Act or in an instrument: b: any amendment to, or replacement of, that material that is incorporated in the instrument or the material referred to in paragraph (a) with the amendments or replacement material incorporated: c: if the material referred to in paragraph (a) or (b) is not in an official New Zealand language, as well as the material itself, an accurate translation in an official New Zealand language of the material. 3: A failure to comply with this section does not invalidate an instrument that incorporates material by reference. Section 137F inserted 1 July 2008 section 10 Health (Drinking Water) Amendment Act 2007 137G: Application of Legislation Act 2019 to material incorporated by reference Subpart 1 section 114 Section 137G replaced 28 October 2021 section 3 Secondary Legislation Act 2021 137H: Application of Regulations (Disallowance) Act 1989 to material incorporated by reference Section 137H repealed 5 August 2013 section 77(3) Legislation Act 2012 138: Other Acts not affected Except so far as may be expressly provided in this Act, nothing in this Act shall be so construed as to limit or affect in any way the provisions of any other Act. 1920 No 45 s 147 139: Consequential amendments 1: The enactments specified in Schedule 6 2: Every reference in any other enactment to a sanitary inspector shall be deemed to be a reference to a city health inspector or, as the case may require, to a borough health inspector, a town district health inspector, a county health inspector, or a Section 139(2) amended 1 April 1980 section 8(3) Local Government Amendment Act 1979 140: Repeals and savings 1: The enactments specified in Schedule 7 2: The regulations and notices specified in Schedule 8 3: Without limiting the provisions of the Interpretation Act 1999 4: 5: Any regulations made under the Social Hygiene Act 1917 and in force at the commencement of this Act shall be deemed to have been made under this Act and shall continue in force accordingly, except so far as any provision of those regulations is inconsistent with any provision of Part 3 Section 140(3) amended 1 November 1999 section 38(1) Interpretation Act 1999 Section 140(4) repealed 1 April 1970 Mental Health Act 1969

DLM304345

1956

Finance Act 1956

1: Short Title This Act may be cited as the Finance Act 1956. 2: Validating general increase of salaries of Government servants 1: Notwithstanding anything to the contrary in the Public Service Act 1912 or in any other enactment, and without limiting any other powers in that behalf, it is hereby declared that there may be paid from money appropriated by Parliament for the payment of salaries and of allowances in the nature of salaries to persons employed by the Crown amounts by way of increase of salary from 31 March 1956 which shall not exceed in any case the sum of 410 pounds a year. 2: This section shall be deemed to have come into force on 1 April 1956. 3: Interest rate on National Savings investments Section 3 repealed 1 July 1984 section 6(1)(c) Finance Act 1983 4: Exemptions from estate duty, etc, to estates of deceased diplomatic and other representatives in New Zealand Section 4 repealed 11 October 1957 Diplomatic Immunities and Privileges Act 1957 5: Advances to officers stationed overseas Section 5 repealed 12 December 1968 section 2(2) Finance Act 1968 6: Empowering certain local authorities to expend money in connection with Marlborough centennial celebrations It shall be lawful and be deemed always to have been lawful for any local authority or public body whose district lies wholly or partly within the boundaries of the Provincial District of Marlborough to expend money out of its general fund or account towards celebrating and commemorating the 100th anniversary of the constitution of the Province of Marlborough, and in connection with the establishment of a centennial memorial or centennial memorials, and to make grants to the body known as the Marlborough Centennial Committee for any such purpose. 7: Expenditure by Education Boards in celebrating centennials Section 7 repealed 20 October 1972 section 13(a) Education Amendment Act 1972 8: Local Authorities Superannuation Act 1908 repealed 1: The following enactments are hereby repealed, namely: a: the Local Authorities Superannuation Act 1908: b: the Local Authorities Superannuation Amendment Act 1912: c: Amendment(s) incorporated in the Act(s) d: the Local Authorities Superannuation Amendment Act 1924: (e)–(h): Amendment(s) incorporated in the Act(s) 2: Section 8(2) repealed 1 April 1991 section 79(c) National Provident Fund Restructuring Act 1990

DLM294261

1956

Contracts Enforcement Act 1956

1: Short Title This Act may be cited as the Contracts Enforcement Act 1956. 2: Proof of contracts relating to land and to guarantees 1: This section applies to— a: Every contract for the sale of land: b: Every contract to enter into any disposition of land, being a disposition that is required by any enactment to be made by deed or instrument or in writing or to be proved by writing: c: Every contract to enter into any mortgage or charge on land: d: Every contract by any person to answer to another person for the debt, default, or liability of a third person. 2: No contract to which this section applies shall be enforceable by action unless the contract or some memorandum or note thereof is in writing and is signed by the party to be charged therewith or by some other person lawfully authorised by him. 3: Nothing in this section shall— a: Apply to any sale of land by order of the High Court b: Apply to any alienation of Maori land by a Maori, being an alienation that is required by the Maori Affairs Act 1953 c: Affect the operation of the law relating to part performance. 4: For the purposes of this section,— Disposition Land 5: The foregoing provisions of this section apply only to contracts made after the passing of this Act. 6: This section is in substitution for section 4 of the Statute of Frauds 1677 Statute of Frauds 1677, s 4 (UK) Law of Property Act 1925, s 40 (UK) The words Supreme Court High Court 12 Judicature Amendment Act 1979 3: Consideration for guarantee need not appear in writing 1: No contract whereby any person promises to answer to another person for the debt, default, or liability of a third person shall, if the contract or some memorandum or note thereof is in writing and is signed by the party to be charged therewith or some other person lawfully authorised by him, be deemed insufficient to support an action or other proceeding to charge the person by whom the promise was made, by reason only that the consideration for the promise does not appear in writing or by necessary inference from a written document. 2: This section is in substitution for section 83 Judicature Act 1908 1908 No 89 83 4: Repeal of section 6 of Sale of Goods Act 1908 1: Section 6 Sale of Goods Act 1908 2: Notwithstanding the repeal of the said section 6 5: Consequential repeal and amendment 1: Section 7 Sharemilking Agreements Act 1937 section 7 2: This subsection amended s 3(2)(b) Law Reform (Testamentary Promises) Act 1949 6: Saving Subject to the provisions of this Act, it is hereby declared that the provisions of sections 20 and 21 of the Acts Interpretation Act 1924 section 4 of the Statute of Frauds 1677 section 2 section 2 section 2 7: Act to bind the Crown This Act shall bind the Crown.

DLM304703

1956

Trustee Act 1956

1: Short Title and commencement 1: This Act may be cited as the Trustee Act 1956. 2: This Act shall come into force on 1 January 1957. 1: Preliminary 2: Interpretation and application 1: In this Act, unless the context otherwise requires,— bank person carrying on in New Zealand the business of banking benefit contingent right conveyance to convey court High Court income instrument land mines and minerals hereditaments lease mortgagee mortgage payment to pay person personal representative portfolio investment entity Income Tax Act 2007 possession possessed property Registrar rent right sale to sell securities securities payable to bearer stock a: includes— i: securities issued by or under the authority of the Government by virtue of any Act, and secured upon the public revenues of New Zealand; and ii: shares; and b: so far as relates to vesting orders made by the court under this Act, includes any fund, money, annuity, or security transferable in books kept by any corporation or society, or by instrument of transfer either alone or accompanied by other formalities, and any share or interest therein transfer trust an administrator within the meaning of the Administration Act 1969 manager Protection of Personal and Property Rights Act 1988 Protection of Personal and Property Rights Act 1988 trustee Settled Land Act 1908 new trustee provided that in sections 14 15 16 21 23 31 32 40 41 42 43 44 45 46 47 51 65 66 67 trust manager Protection of Personal and Property Rights Act 1988 Protection of Personal and Property Rights Act 1988 trustee trust for sale trustee for sale trustee corporation Public Trust Māori Trustee Parliament of New Zealand 2: For the purposes of this Act a person shall be deemed to be under a disability while he is not of full age or full mental capacity. 3: This Act, except where otherwise expressly provided, applies to trusts (as hereinbefore defined) constituted or created either before or after the commencement of this Act. 4: The powers conferred by or under this Act on a trustee who is not a corporation are in addition to the powers given by any other Act and by conferred on the trustee by this Act 5: The powers conferred by or under this Act on a trustee that is a corporation are in addition to the powers given by the instrument, if any, creating the trust and to the powers given by or under the Act or any instrument by or under which the corporation is constituted and any other Act: but the powers conferred on the trustee by this Act a: apply if and so far only as a contrary intention is not expressed in the instrument, if any, creating the trust, and have effect subject to the terms of that instrument: b: apply if and so far only as a contrary intention is not expressed in the Act or any instrument by or under which the corporation is constituted and any other Act and have effect subject to the terms of every such Act and instrument: provided that nothing in this paragraph shall affect any Act which applies to all trustees, whether corporations or not. 5A: Without limiting the generality of subsections (4) and (5), any power or direction in any instrument creating a trust to invest trust funds in any specified property or classes of property shall not, for the purposes of those subsections, be deemed to be a contrary intention preventing the exercise by a trustee of the power of investment conferred by Part 2 6: This Act does not affect the legality or validity of anything done before the commencement of this Act, except as otherwise in this Act expressly provided. 1908 No 200 ss 2, 78(5), 79(3), 96(2), 98(3), 102(5), 107, 112(2) 1924 No 33 s 2(3), (4) 1933 No 32 s 5(3) 1938 No 20 s 57(5), (6) 1952 No 51 s 53(2) Trustee Act 1925 ss 68, 69 (UK) Section 2(1) authorised investments repealed 1 October 1988 section 2(1) Trustee Amendment Act 1988 Section 2(1) bank replaced 1 October 1988 section 2(2) Trustee Amendment Act 1988 Section 2(1) bank amended 30 June 1995 Banking Act Repeal Act 1995 Section 2(1) court amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 2(1) Government securities New Zealand Government Securities repealed 1 October 1988 section 2(1) Trustee Amendment Act 1988 Section 2(1) portfolio investment entity inserted 1 October 2007 section 240 Taxation (Savings Investment and Miscellaneous Provisions) Act 2006 Section 2(1) portfolio investment entity amended 1 April 2008 section ZA 1(1) Income Tax Act 2007 Section 2(1) securities replaced 1 October 1988 section 2(3) Trustee Amendment Act 1988 Section 2(1) stock replaced 1 October 1988 section 2(4) Trustee Amendment Act 1988 Section 2(1) trust amended 1 October 1988 section 113 Protection of Personal and Property Rights Act 1988 Section 2(1) trust amended 1 January 1971 section 84(1) Administration Act 1969 Section 2(1) trust amended 1 April 1970 Mental Health Act 1969 Section 2(1) trust amended 15 November 1968 section 2 Trustee Amendment Act 1968 Section 2(1) trust amended 1 October 1988 section 113 Protection of Personal and Property Rights Act 1988 Section 2(1) trust amended 1 April 1970 Mental Health Act 1969 Section 2(1) trustee corporation amended 1 July 2009 section 30(2)(a) Maori Trustee Amendment Act 2009 Section 2(1) trustee corporation amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 2(1) trustee corporation amended 1 January 1987 section 29(2) Constitution Act 1986 Section 2(4) amended 25 October 1960 Trustee Amendment Act 1960 Section 2(4) amended 25 October 1960 Trustee Amendment Act 1960 Section 2(5) amended 25 October 1960 Trustee Amendment Act 1960 Section 2(5A) inserted 1 October 1988, section 2(5) Trustee Amendment Act 1988 (1988 No 119) 3: Act to bind Crown This Act shall bind the Crown. 2: Investment Part 2 heading replaced 1 October 1988 section 3 Trustee Amendment Act 1988 4: Authorised investments Section 4 repealed 1 October 1988 section 3 Trustee Amendment Act 1988 4A: Investments, loans, and advances Section 4A repealed 1 October 1988 section 3 Trustee Amendment Act 1988 5: Purchase of redeemable stock at a premium or discount Section 5 repealed 1 October 1988 section 3 Trustee Amendment Act 1988 6: Trustee carrying on business may invest in shares in co-operative enterprises Section 6 repealed 1 October 1988 section 3 Trustee Amendment Act 1988 7: Discretion of trustees Section 7 repealed 1 October 1988 section 3 Trustee Amendment Act 1988 8: Power to retain investment which has ceased to be authorised Section 8 repealed 1 October 1988 section 3 Trustee Amendment Act 1988 9: Investment in bearer securities Section 9 repealed 1 October 1988 section 3 Trustee Amendment Act 1988 10: Loans and investments by trustees not chargeable as breaches of trust Section 10 repealed 1 October 1988 section 3 Trustee Amendment Act 1988 11: Liability for loss by reason of improper investment Section 11 repealed 1 October 1988 section 3 Trustee Amendment Act 1988 11A: Release of part of security Section 11A repealed 1 October 1988 section 3 Trustee Amendment Act 1988 12: Powers in relation to company securities Section 12 repealed 1 October 1988 section 3 Trustee Amendment Act 1988 13: Power to pay calls Section 13 repealed 1 October 1988 section 3 Trustee Amendment Act 1988 13A: Power to invest 1: A trustee may invest any trust funds, whether at the time in a state of investment or not, in any property. 2: Any such investment may be varied from time to time. Section 13A inserted 1 October 1988 section 3 Trustee Amendment Act 1988 13B: Duty of trustee to invest prudently Subject to sections 13C 13D Section 13B inserted 1 October 1988 section 3 Trustee Amendment Act 1988 13C: Duty of certain persons to exercise special skill Subject to section 13D Section 13C inserted 1 October 1988 section 3 Trustee Amendment Act 1988 13D: Provisions in trust instrument relating to duty of investing trustees 1: The duty imposed on a trustee by section 13B section 13C 2: Any rules and principles of law relating to any provision in an instrument that purports to exempt or limit the liability of a trustee in respect of any breach of trust, or to indemnify a trustee in respect of any breach of trust, shall remain in force and apply in respect of any provision in a trust instrument that expresses a contrary intention for the purposes of subsection (1). Section 13D inserted 1 October 1988 section 3 Trustee Amendment Act 1988 13E: Matters to which trustee may have regard in exercising power of investment Without limiting the matters that a trustee may take into account, a trustee exercising any power of investment may have regard to the following matters so far as they are appropriate to the circumstances of the trust: a: the desirability of diversifying trust investments: b: the nature of existing trust investments and other trust property: c: the need to maintain the real value of the capital or income of the trust: d: the risk of capital loss or depreciation: e: the potential for capital appreciation: f: the likely income return: g: the length of the term of the proposed investment: h: the probable duration of the trust: i: the marketability of the proposed investment during, and on the determination of, the term of the proposed investment: j: the aggregate value of the trust estate: k: the effect of the proposed investment in relation to the tax liability of the trust: l: the likelihood of inflation affecting the value of the proposed investment or other trust property. Section 13E inserted 1 October 1988 section 3 Trustee Amendment Act 1988 13F: Trustee's duties at law preserved All rules and principles of law which impose any duty on a trustee exercising a power of investment, including, without limiting the generality of the foregoing, all rules and principles which impose— a: any duty to exercise the powers of a trustee in the best interests of all present and future beneficiaries of the trust: b: any duty to act impartially towards beneficiaries and between different classes of beneficiaries: c: any duty to take advice,— shall remain in force and apply in respect of any exercise of any power of investment, except so far as they are altered by or are inconsistent with this Act or any other enactment or the instrument, if any, creating the trust. Section 13F inserted 1 October 1988 section 3 Trustee Amendment Act 1988 13G: Duty to comply with requirements of trust instrument or statute as to consents or directions A trustee exercising any power of investment shall comply with any requirements of the instrument, if any, creating the trust or of statute that are binding on the trustee and that relate to the obtaining of any consent or compliance with any direction with respect to the investment of trust funds. Section 13G inserted 1 October 1988 section 3 Trustee Amendment Act 1988 13H: Power to retain investments A trustee shall not be liable for breach of trust by reason only of continuing to hold an investment which has ceased to be— a: an investment authorised by the trust instrument; or b: an investment that a trustee could properly make in exercising any power of investment; or c: an investment authorised by section 4 section 3 d: an investment authorised by any other Act. Section 13H inserted 1 October 1988 section 3 Trustee Amendment Act 1988 13I: Investment in bearer securities 1: Unless expressly prohibited by the instrument creating the trust, a trustee shall not be liable for breach of trust by reason only of retaining or investing in securities that are payable to bearer. 2: Any direction in an instrument creating a trust that investments shall be retained or made in the name of a trustee shall not, for the purposes of subsection (1), be deemed to be an express prohibition. 3: In any case where a trustee (not being a trustee corporation) retains or invests in securities payable to bearer, that trustee shall, until those securities are sold, deposit them for safe custody and collection of income with a bank. 4: A trustee shall not be responsible for any loss incurred by reason of any such deposit, and any sum payable in respect of any such deposit and collection shall be paid out of the income of the trust property. Section 13I inserted 1 October 1988 section 3 Trustee Amendment Act 1988 13J: Purchase of redeemable securities at a premium or discount 1: A trustee shall not be liable for breach of trust by reason only of investing in securities that are redeemable and paying a price that is greater or less than the redemption value. 2: A trustee may retain until redemption any redeemable security that may have been purchased in accordance with the powers conferred by this Act. 3: In any case where a redeemable security is purchased by a trustee at a price greater or less than its redemption value, and in terms of the trust the beneficial interest in the income from the security is not vested in the same persons as the beneficial interest in the capital of the security, then, subject to the provisions of section 83 a: if the purchase price exceeds the redemption value, the trustee shall recoup to the capital out of which the purchase was made, by rateable instalments from the income derived from the security over the period between the date of purchase and the earliest date on which the security can be repaid or redeemed, the amount of the difference; and the amount so recouped to capital from time to time shall be deemed to be received as capital repaid: b: if the redemption value exceeds the purchase price, the amount of the difference shall be distributable as if it were income accruing from day to day over the period between the date of the purchase and the latest date on which the security can be repaid or redeemed, and the trustee may by rateable instalments over the period appropriate or raise out of the capital of the security or out of the capital of other assets subject to the same trusts the amounts required from time to time to be distributed as income; and, if the security is repaid or redeemed before the latest date on which the same can be repaid or redeemed, any remaining balance of the difference shall on the repayment or redemption immediately become distributable as if it were income then due and payable. 4: Where the amount to be recouped to or deducted from capital in any year in accordance with paragraph (a) or paragraph (b) of subsection (3) is less than $50, it shall not be necessary for the trustee to comply with the provisions of that subsection. Section 13J inserted 1 October 1988 section 3 Trustee Amendment Act 1988 13K: Powers in relation to company securities 1: Where any securities of a company are subject to a trust, the trustee may concur in any scheme or arrangement— a: for the reconstruction of the company; or b: for the sale of all or any part of the property and undertaking of the company to another company; or c: for the acquisition of the securities of the company, or of control of the company, by another company; or d: for the amalgamation of the company with another company; or e: for the release, modification, or variation of any rights, privileges, or liabilities attached to the securities or any of them— in like manner as if the trustee were entitled to the securities beneficially, with power to accept any securities of any denomination or description of the reconstructed company or purchasing company or new company instead of or in exchange for all or any of the first-mentioned securities. 2: If any conditional or preferential right to subscribe for any securities in any company is offered to a trustee in respect of any holding in that company or any other company, the trustee may, as to all or any of the securities, either— a: exercise the right and apply capital money subject to the trust in payment of the consideration; or b: assign, for the best consideration that can reasonably be obtained, the benefit of the right or the title to the right to any person, including any beneficiary under the trust; or c: if the right cannot be assigned for a reasonable consideration, renounce the right. 3: A trustee accepting or subscribing for securities pursuant to this section is, for the purposes of any provision of this Part, exercising a power of investment. 4: A trustee may retain any securities accepted or subscribed for pursuant to this section for any period for which the trustee could properly have retained the original securities. 5: The consideration for any assignment made under subsection (2)(b) shall be held as capital money of the trust. Section 13K inserted 1 October 1988 section 3 Trustee Amendment Act 1988 13L: Power to pay calls A trustee may apply capital money subject to a trust in payment of the calls on any shares subject to the same trust. Section 13L inserted 1 October 1988 section 3 Trustee Amendment Act 1988 13M: Court may take into account investment strategy in action for breach of trust In considering whether a trustee is liable, in respect of any investment made by that trustee, for any breach of trust in respect of any duty— a: to exercise the care, diligence, and skill that a prudent person of business would exercise in managing the affairs of others; or b: to exercise the care, diligence, and skill that a prudent person engaged in a profession, employment, or business that is or includes acting as a trustee or investing money on behalf of others would exercise in managing the affairs of others,— the court may, if it thinks it appropriate, take into account— c: whether the trust investments have been diversified, so far as is appropriate to the circumstances of the trust; and d: whether the investment was made pursuant to any investment strategy formulated in accordance with the duty referred to in paragraph (a) or paragraph (b), as may be applicable. Section 13M inserted 1 October 1988 section 3 Trustee Amendment Act 1988 13N: Certain loans and investments by trustees not chargeable as breaches of trust 1: A trustee lending money on the security of any property on which the trustee can properly lend shall not be chargeable with breach of trust by reason only of the proportion borne by the amount of the loan to the value of the property at the time when the loan was made, if it appears to the court— a: that in making the loan the trustee was acting upon a report as to the value of the property made by a person whom the trustee reasonably believed to be competent to value the property by reason of his or her profession or occupation and his or her personal expertise and experience, being a person instructed and employed independently of any owner of the property; and b: that the amount of the loan does not exceed the proportion of the value of the property stated in the report as the maximum proportion that the valuer considers that it would be prudent to lend on that property; and c: that the loan was made on the advice of the valuer as expressed in the report. 2: A trustee lending money on the security of any leasehold property shall not be chargeable with breach of trust only upon the ground that in making the loan the trustee dispensed either wholly or partly with the production or investigation of the lessor's title. Section 13N inserted 1 October 1988 section 3 Trustee Amendment Act 1988 13O: Liability for loss by reason of improper secured investment Where— a: a trustee improperly advances trust money on the security of any property; and b: the security would, at the time of the investment, be a proper investment in all respects for a smaller sum than the sum actually advanced— the security shall be deemed to be an investment that could properly be made in respect of the smaller sum, and the trustee shall be liable to make good only the sum advanced in excess of the smaller sum, with interest. Section 13O inserted 1 October 1988 section 3 Trustee Amendment Act 1988 13P: Release of part of security 1: Where any trust funds are invested and secured on any property, the trustee may release any part of the property from the security, whether part of the debt is repaid or not, if the unreleased part of the property would at the time be a proper security in all respects for the amount remaining unpaid. 2: Where trust funds are invested and secured on any land under the Land Transfer Act 2017 Registrar-General of Land Section 13P inserted 1 October 1988 section 3 Trustee Amendment Act 1988 Section 13P(2) amended 12 November 2018 section 250 Land Transfer Act 2017 13Q: Power of court to set off gains and losses arising from investment 1: In considering any action for breach of trust arising in respect of or in relation to any investment by a trustee as a result of which any loss or losses have been, or are expected to be, sustained by the trust, the court may set off, as it thinks just, all or any part of the loss or losses resulting from that investment against all or any part of the gain or gains resulting from any other investment, whether in breach of trust or not. 2: The power of set off conferred by subsection (1) shall be without prejudice to any other power or entitlement to set off all or any part of any loss or losses against any property. Section 13Q inserted 1 October 1988 section 3 Trustee Amendment Act 1988 3: General powers and indemnities of trustees General powers 14: Powers to sell, exchange, partition, postpone, lease, purchase, etc 1: Subject to the provisions of this section, every trustee may exercise the following powers in respect of any property for the time being vested in him: a: sell the property: b: dispose of the property by way of exchange for other property in New Zealand of a like nature and a like or better tenure, or, where the property vested in him consists of an undivided share, concur in the partition of the property in which the share is held, and give or take any property by way of equality of exchange or partition: c: postpone the sale, calling in, and conversion of the property, whether or not it is of a wasting, speculative, or reversionary nature: provided that nothing in this paragraph shall permit a trustee to postpone the sale, calling in, or conversion of any property of a wasting or speculative nature for longer than is reasonably necessary to permit its prudent realisation: d: let or sublet the property at a reasonable rent for any term not exceeding 1 year, or from year to year, or for a weekly, monthly, or other like tenancy, or at will: e: grant a lease or sublease of the property for any term not exceeding 21 years to take effect in possession within 1 year next after the date of the grant of the lease or sublease at a reasonable rent, with or without a fine, premium, or foregift: provided that where a fine, premium, or foregift is taken, the amount thereof shall be deemed to be part of and an accretion to the rental, and shall, as between the persons beneficially entitled to the rental, be considered as accruing from day to day and be apportioned over the term of the lease or sublease: f: at any time during the currency of a lease of the property, reduce the rent or otherwise vary or modify the terms thereof: g: in the case of property subject to a lease, grant to a sublessee (with the consent of the lessee) a lease direct from the trustee of the whole or any part of the land comprised in the original lease for the residue of the original term thereof. 2: Any trustee may purchase land in New Zealand in any of the following cases: a: if the land being purchased adjoins other land that the trustee has power to retain and that is held by the trustee on the same trusts as the money expended in respect of the purchase of the land, and the land is being purchased for either or both of the following purposes— i: for better development or use of the said other land; or ii: to facilitate or improve the carrying on of a business on the said other land, being a business that the trustee is empowered to carry on: b: if the land being purchased has a dwellinghouse thereon and is required exclusively or principally as a home for the person entitled to the income of the money being expended in respect of the purchase 2A: Any trustee may erect a dwellinghouse on land that is subject to the same trusts as the money being expended in respect of the erection, or may purchase land in New Zealand and erect a dwellinghouse thereon, if the dwellinghouse and land are required exclusively or principally as a home for the person entitled to the income of the money being expended in respect of the erection or the purchase and erection, as the case may be 2B: In any case where a trustee is authorised by or under this Act or any other enactment, or by the instrument creating the trust, to provide or acquire a home for any person, he shall have power, in addition to any authority so conferred,— a: to acquire a flat or apartment or the right to occupy a flat or apartment by any means which he may consider appropriate (whether by acquiring shares in a limited liability company or an undivided share or interest in the land on which the premises are erected or in any other way); and b: to enter into any lease, licence, agreement, or other arrangement under which he or his nominee or the beneficiary who is to occupy the flat or apartment has the right to occupy it (including an arrangement whereby any shares in a limited liability company and the benefit of any such lease, licence, or agreement may be held by that beneficiary or by some other nominee of the trustee upon trust for him). 3: Any trustee may accept or concur or join with any other person in accepting a lease or sublease of any property on such terms and subject to such covenants and conditions as he thinks fit; and may surrender or concur or join with any other person in surrendering any lease or sublease; and, if lessor or sublessor, may accept or concur or join with any other person in the acceptance of the surrender of any lease or sublease. 4: Any trustee may, on such conditions as he thinks proper, rescind or cancel or modify or vary any contract or agreement for the sale and purchase of any land, or agree to do so, or compromise with or make allowances to any person with whom such contract or agreement has been made, or who is the assignee thereof in respect of any unpaid purchase money secured on mortgage or otherwise. 5: In exercising any power of leasing or subleasing conferred by this section or by the instrument (if any) creating the trust, a trustee may— a: grant to the lessee or sublessee a right of renewal for 1 or more terms at a rent to be fixed or made ascertainable in a manner specified in the original lease or the original sublease, but so that the aggregate duration of the original and of the renewed terms shall not exceed the maximum single term that could be granted in exercise of the power: b: subject to the provisions of this section, grant a lease with an optional or compulsory purchasing clause: provided that this power shall not apply to the exercise of any power of sale conferred by any mortgage unless the mortgage confers authority to do so: c: grant to the lessee or sublessee a right to claim compensation for improvements made or to be made by him in, upon, or about the property which is leased or subleased. 6: A trustee who, in accordance with any power conferred on him by or under this Act or otherwise, sells any land, or exchanges any land for any other land, or grants a lease of any land with an optional or compulsory purchasing clause, shall not be guilty of a breach of trust by reason only of any alleged inadequacy of the amount or value of the sale price or other consideration (exclusive of rent) that he received in respect of the transaction, if, before making the sale or exchange or granting the lease, he has ascertained the value of the land involved in accordance with section 28 a: in the case of a sale of the land or a lease thereof with an optional or compulsory purchasing clause, the sale price for the land is not less than the value thereof as so ascertained: b: in the case of an exchange, it is prudent for the trustee to make the exchange, having regard to the respective values (as so ascertained) of the pieces of land being exchanged, the interests of the beneficiaries to whom he is responsible, and all the circumstances of the case. 6A: Where a person dies intestate as to any personal chattels within the meaning of the Administration Act 1969 or civil union partner, section 2(1) , civil union partner, or surviving de facto partner 6AA: If there is more than 1 person whose consent would be required under subsection (6A) 6AB: If, under a marriage settlement of land, there is a tenant for life in possession, a trustee may exercise a power conferred by subsection (1)(a) or (b) only at the request in writing of the tenant for life. 6B: Where upon inquiry the court is satisfied that a partition of the real estate of a deceased person would be advantageous to the parties interested therein, the court may order a partition or may appoint 1 or more arbitrators to effect a partition, and to exercise in regard thereto, under its directions and control, such powers as it thinks fit; and if the report and final award of the arbitrator are approved by the court, the trustee shall, by conveyance or transfer, give effect to the same accordingly. 7: Where there is a power (statutory or otherwise) to postpone the sale of any land or provided that this subsection shall not apply to any property of a wasting or speculative nature. 1908 No 159 s 29 1921–22 No 48 s 20 Section 14(2)(a) replaced 28 August 1977 Trustee Amendment Act 1977 Section 14(2)(b) amended 15 November 1968 Trustee Amendment Act 1968 Section 14(2A) inserted 18 October 1957 Trustee Amendment Act 1957 Section 14(2A) amended 15 November 1968 Trustee Amendment Act 1968 Section 14(2B) inserted 15 November 1968 Trustee Amendment Act 1968 Section 14(6) replaced 28 August 1977 Trustee Amendment Act 1977 Section 14(6A) replaced 1 February 2002 section 12(2) Administration Amendment Act 2001 Section 14(6A) amended 1 January 2008 section 364(1) Property Law Act 2007 Section 14(6AA) inserted 1 February 2002 section 12(2) Administration Amendment Act 2001 Section 14(6AB) inserted 1 January 2008 section 364(1) Property Law Act 2007 Section 14(6B) inserted 15 November 1968 Trustee Amendment Act 1968 Section 14(7) inserted 18 October 1957 Trustee Amendment Act 1957 Section 14(7) amended 1 October 1988 section 4 Trustee Amendment Act 1988 15: Miscellaneous powers in respect of property 1: Every trustee may exercise the following powers in respect of any property for the time being vested in him: a: expend money subject to the same trusts for the repair, maintenance, upkeep, or renovation of the property, whether or not the work is necessary for the purpose of the salvage of the property; and (subject to the rules of law applicable in such cases and to any direction of the court to the contrary) apportion the cost of the work between capital and income or otherwise among the persons entitled thereto in such manner as he considers equitable, with power, in any case where the whole or part of the cost of the work is charged to capital, to recoup capital from subsequent income if such a course would be equitable having regard to all the circumstances of the case: b: expend money subject to the same trusts in the improvement or development of the property or in improving his title to the property or his tenure thereof, whether by the acquisition of an interest in reversion or otherwise c: where the property is land and the land may be sold or let or leased or otherwise disposed of under any power or trust vested in the trustee, subdivide the land into sections and for that purpose construct and dedicate all such roads, streets, access ways, service lanes, and footpaths and make all such reserves, and do all such other things, and pay all such money, as he thinks necessary or as are required by any law or bylaw relating to subdivisions: d: contribute out of money subject to the same trusts such sum as he thinks reasonable towards the construction and maintenance of such roads, streets, access ways, service lanes, and footpaths, and such sewerage, water, electricity, drainage and other works as are in the opinion of the trustee likely to be beneficial to the property, notwithstanding that they are intended to be constructed wholly or in part on land not subject to the same trusts: e: grant easements and profits à prendre section 4 f: pay rates, taxes, assessments, insurance premiums, and other outgoings in respect of the property out of money subject to the same trusts: g: as mortgagor or mortgagee, agree to the renewal, extension, or variation of the mortgage for such period and on such terms and conditions as he thinks fit: provided that the powers conferred by this paragraph may be exercised by a trustee as mortgagor for the purpose of raising additional money on the security of a mortgage of any property in any case where the trustee would have power under section 21 provided also that nothing in this paragraph shall authorise any trustee to advance any money on the security of any mortgage if the trustee could not properly advance that money on that security: h: make such inquiries, by way of advertisement or otherwise, as he deems necessary for the purpose of ascertaining the next-of-kin or beneficiaries entitled to the property, and charge the cost of the inquiries and advertisements against the property: i: where the property includes a life policy and there is no money or insufficient money available for the payment of premiums on the policy, surrender the policy for money, or accept instead of the policy a fully paid up policy, or vary the terms of the policy in such manner as the trustee thinks fit: j: appropriate any part of the property in or towards satisfaction of any legacy payable thereout or any share thereof (whether settled, contingent, or absolute) to which any person is entitled, and for that purpose value the whole or any part of the property in accordance with section 28 provided that before any such appropriation is effectual notice thereof shall be given to all persons provided also that where the person interested is out of the jurisdiction the said period of 1 month may be extended by the court for such period as the court thinks fit, on the application of the trustee or of any person interested: k: where provision is made in any instrument creating a trust for payment of an annuity or other periodical payment, and notwithstanding that the annuity or payment may by the instrument be charged upon the trust property or upon any part thereof, set aside and appropriate out of property available for payment of the annuity and invest a sum sufficient in the opinion of the trustee at the time of the appropriation to provide out of the income thereof the amount required to pay the annuity or periodical payment, and, after the appropriation shall have been made, the residue of the trust property and the income thereof shall no longer be liable for the annuity, and may be distributed forthwith in accordance with the trusts declared of and concerning the same: l: do or omit all acts and things, and execute all instruments necessary to carry into effect the powers and authorities given by this Act or by or under the instrument creating the trust. 2: Where in the administration of any property employed in the production of income or from which income is derived a trustee considers that in the interests of the persons entitled or who may become entitled to the capital of the property it is equitable to set up a depreciation or replacement fund in respect of the property or in respect of any asset comprised therein, then, notwithstanding any rule of law to the contrary, it shall be lawful for but not obligatory upon him to do so, and to credit from time to time to the fund and accumulate by way of compound interest such part of the income so produced or derived as he considers equitable and also the resulting income therefrom. In any such case the fund shall follow the destination of the capital of the property and shall be subject to all the trusts, powers, and provisions applicable thereto; with further power to the trustee to apply as he thinks fit the fund and accumulations of income in or towards the replacement, repair, maintenance, upkeep, or renovation of the property or asset, or in or towards the acquisition by purchase or otherwise of property or assets of a like nature or which otherwise may advantageously be employed in conjunction with the property in producing or deriving the income as aforesaid. 1908 No 159 s 29 1921–22 No 48 s 20 Section 15(1)(b) amended 15 November 1968 Trustee Amendment Act 1968 Section 15(1)(b) proviso repealed 28 August 1977 Trustee Amendment Act 1977 Section 15(1)(e) amended 1 April 1979 Fencing Act 1978 Section 15(1)(j) first proviso amended 10 September 2008 section 22(2) Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 Section 15(1)(g) second proviso replaced 1 October 1988 section 5 Trustee Amendment Act 1988 16: Power of trustee for sale to sell by auction, etc, or before date specified 1: Where a trust for sale or a power of sale of property is vested in a trustee, he may sell or concur with any other person in selling all or any part of the property, either subject to prior encumbrances or not, and either together or in lots, by public auction or by public tender or by private contract, subject to any such conditions respecting title or evidence of title or other matters as the trustee thinks fit, with power to vary any contract for sale, and to buy in at any auction, or to rescind any contract for sale and to resell, without being answerable for any loss. 2: A trust or power to sell or dispose of land includes a trust or power to sell or dispose of part thereof, whether the division is horizontal, vertical, or made in any other way; and also includes a trust or power to sell or dispose of any buildings, fixtures, timber, or other things affixed to the soil apart and separately from the land itself. 3: In exercise of any power of sale in respect of several properties held under 1 lease, the trustee may sell the properties separately on the terms that one of the purchasers shall take an assignment of the lease and grant subleases to the other purchasers, and that if any part of the property is not sold the trustee shall retain the lease and grant subleases of the portions sold. 4: Where a trustee may sell any property at a fixed or specified time pursuant to any trust or power vested in him, the trustee may, with the consent of the persons (if any) entitled to the possession thereof pending the sale of the property, sell the property at any time before the date originally appointed. 1921–22 No 48 s 20(1), (4) 1952 No 51 s 53 Trustee Act 1925 s 12 (UK) 17: Power to sell property 1: A sale of property 2: The terms of deferred payment shall be such as a person acting with prudence would, if the property property property property 3: Whether the sale is made under the order of the court or otherwise, the court may make such order as it thinks fit as to the terms of deferred payment. 4: A trustee selling property on terms authorised by this section or by any order of the court— a: is not, for the purposes of any provision of Part 2 b: shall not be liable for any loss that may be incurred by reason only of the security being insufficient at the date of the agreement or mortgage. 5: 1925 No 14 s 28 (NSW) Trustee Act 1925 s 10(2) (UK) Section 17 heading amended 18 October 1957 Trustee Amendment Act 1957 Section 17(1) amended 18 October 1957 Trustee Amendment Act 1957 Section 17(2) amended 18 October 1957 Trustee Amendment Act 1957 Section 17(4) replaced 1 October 1988 section 6 Trustee Amendment Act 1988 Section 17(5) repealed 1 October 1988 section 6 Trustee Amendment Act 1988 18: Power to sell subject to depreciatory conditions 1: No sale made by a trustee shall be impeached by any beneficiary upon the ground that any of the conditions subject to which the sale was made may have been unnecessarily depreciatory, unless it also appears that the consideration for the sale was thereby rendered inadequate. 2: No sale made by a trustee shall, after the execution of the conveyance or transfer, be impeached as against the purchaser upon the ground that any of the conditions subject to which the sale was made may have been unnecessarily depreciatory, unless it appears that the purchaser was acting in collusion with the trustee at the time when the contract for sale was made. 3: No purchaser, upon any sale made by a trustee, shall be at liberty to make any objection against the title upon any of the grounds aforesaid. 4: This section applies to sales made before or after the commencement of this Act. 1908 No 200 s 85 Trustee Act 1925 s 13 (UK) 19: Power of trustees to give receipts 1: The receipt in writing of a trustee for any money, securities, or other personal property or effects payable, transferable, or deliverable to him under any trust or power shall be a sufficient discharge to the person paying, transferring, or delivering the same, and shall effectually exonerate that person from seeing to the application or being answerable for any loss or misapplication thereof. 2: This section applies notwithstanding anything to the contrary in the instrument, if any, creating the trust. 1908 No 200 s 81 Trustee Act 1925 s 14(1), (3) (UK) 20: Power to compound liabilities A trustee may, if and as he thinks fit,— a: accept any property, real or personal, before the time at which it is made transferable or payable; or b: sever and apportion any blended trust funds or property; or c: pay or allow any debt or claim on any evidence that he thinks sufficient; or d: accept any composition or any security, real or personal, for any debt or for any property, real or personal, claimed; or dd: e: allow any time for payment of any debt; or f: surrender any leasehold property subject to onerous covenants of such a nature that it would not be to the advantage of the person beneficially interested to retain the property; or g: compromise, compound, abandon, submit to arbitration, or otherwise settle any debt, account, claim, or thing whatever relating to the trust or to the trust property,— and for any of those purposes may enter into, give, execute, and do such agreements, instruments of composition or arrangement, releases, and other things as to him seem expedient, without being responsible for any loss occasioned by any act or things so done by him in good faith. 1908 No 200 s 110 1924 No 33 s 2(2) 1925 No 14 s 35 (NSW) Trustee Act 1925 s 15 (UK) Section 20(dd) repealed 6 April 1974 Trustee Amendment Act 1974 21: Power to raise money by sale or mortgage 1: Where a trustee is authorised by the instrument, if any, creating the trust or by this Act or any other Act or by law to pay or apply capital money subject to the trust for any purpose or in any manner, he shall have and shall be deemed always to have had power to raise the money required by sale, conversion, calling in, or mortgage of all or any part of the trust property for the time being in possession. 2: Without restricting the generality of the foregoing provisions of this section, the power conferred on the trustee by this section to raise any money that is required as aforesaid by the sale, conversion, calling in, or mortgage of all or any part of the trust property for the time being in possession shall extend and be deemed always to have extended so as to confer on the trustee power so to raise money required for the purpose of meeting any debt or other liability of the trustee, whether secured or unsecured and whether owing or incurred at or before the commencement of the trust or subsequently. 1933 No 32 s 3 Trustee Act 1925 s 16 (UK) Section 21(2) inserted 15 November 1968 Trustee Amendment Act 1968 22: Protection of purchasers, etc, dealing with trustee 1: Where an instrument is made or executed in professed exercise of the power to sell, exchange, lease, or mortgage conferred by the instrument (if any) creating the trust or by this Act or any other Act, the title of the purchaser, transferee, lessee, or mortgagee shall not be impeachable except on the ground of fraud, or be affected on the ground that no case has arisen to authorise the sale, exchange, lease, or mortgage, or that the power was otherwise improperly or irregularly exercised; but any person damnified by an unauthorised or improper or irregular exercise of the power shall have his remedy in damages against the person exercising the power, and no purchaser, transferee, lessee, or mortgagee shall be concerned to see to the application of the money paid by him, or be responsible for the misapplication thereof. 2: Nothing in this section shall restrict the provisions of the Land Transfer Act 2017 Section 22 replaced 15 November 1968 Trustee Amendment Act 1968 Section 22(2) amended 12 November 2018 section 250 Land Transfer Act 2017 23: Devolution of powers or trusts 1: Where a power or trust is given to or imposed on 2 or more trustees jointly, the same may be exercised or performed by the survivors or survivor of them for the time being. 2: Until the appointment of a new trustee, the personal representative for the time being of a sole trustee or (where there were 2 or more trustees) of the last surviving or continuing trustee shall be capable of exercising or performing any power or trust which was given to, or capable of being exercised by, the sole or last surviving or continuing trustee, or other the trustees for the time being of the trust: provided that in this subsection the term trustee 3: This section does not authorise the exercise or performance of any power or trust by an executor who has renounced or has not proved. 1908 No 200 s 112(1) Trustee Act 1925 s 18(1), (2), (4) (UK) 24: Power to insure 1: A trustee may insure against loss or damage, whether by fire or earthquake or otherwise, any building or other insurable property to any amount, including the amount of any insurance already on foot, not exceeding the full insurable value of the building or property, or (with the consent of the person entitled to the income or of the court) the full replacement value of the building or property; and may also insure against any risk or liability against which it would be prudent for a person to insure if he were acting for himself; and may pay the premiums for the insurance out of the income of the building or property concerned or out of the income of any other property subject to the same trusts without obtaining the consent of any person who may be entitled wholly or partly to that income. 2: The trustee may recover the costs of any premiums paid in respect of any such insurance from the life tenant or other person entitled to or in receipt of the rents and profits of the building or property concerned. 3: Nothing in this section shall impose any obligation on a trustee to insure. 1908 No 200 s 90 1921–22 No 48 s 21(2) 1925 No 14 s 41 (NSW) Trustee Act 1925 s 19(1) (UK) 25: Application of insurance money where policy kept up under any trust, power, or obligation 1: Money receivable by a trustee or any beneficiary under a policy of insurance against the loss of or damage to any property subject to a trust, whether by fire or otherwise, shall, where the policy has been kept up under any trust in that behalf or under any power, statutory or otherwise, or in performance of any covenant or of any obligation, statutory or otherwise, or by a tenant for life impeachable for waste, be capital for the purposes of the trust, except so far as it would be regarded as income under any rule of law. 2: If any such money is receivable by any person other than the trustee of the trust, that person shall use his best endeavours to recover and receive the money, and shall pay the net residue thereof, after discharging any costs of recovering and receiving it, to the trustee of the trust, or, if there is no trustee capable of giving a discharge therefor, to the Crown under section 77 3: Any such money,— a: if it was receivable in respect of property held upon trust for sale, shall be held upon the trusts and subject to the powers and provisions applicable to money arising by a sale under the trust: b: in any other case, shall be held upon trusts corresponding as nearly as may be with the trusts affecting the property in respect of which it was payable. 4: Any such money, or any part thereof, may also be applied by the trustee, or, if held by the Crown, under the direction of the court, in rebuilding, reinstating, replacing, or repairing the property lost or damaged, but any such application by the trustee shall be subject to the consent of any person whose consent is required by the instrument, if any, creating the trust to the investment of money subject to the trust. 5: Nothing in this section shall prejudice or affect the right of any person to require any such money or any part thereof to be applied in rebuilding, reinstating, or repairing the property lost or damaged, or the rights of any mortgagee, lessor, or lessee, whether under any statute or otherwise. 6: This section applies to policies effected either before or after the commencement of this Act, but only to money received after the commencement thereof. Trustee Act 1925 s 20 (UK) 25A: Power to treat share premium account distributions as income Section 25A repealed 5 December 2013 section 14 Companies Amendment Act 2013 26: Deposit of documents for safe custody Subject to the provisions of section 13I Trustee Act 1925 s 21 (UK) Section 26 amended 1 October 1988 section 7 Trustee Amendment Act 1988 27: Reversionary interest 1: Where trust property includes any share or interest in property not vested in the trustee, or the proceeds of the sale of any such property, or any other thing in action, the trustee, on the same falling into possession or becoming payable or transferable, may— a: agree or ascertain the amount or value thereof or any part thereof in such manner as he may think fit: b: accept in or towards satisfaction thereof, at the market or current value, or upon any valuation or estimate of value which he may think fit, any property in which the trustee may properly invest trust funds c: allow any deductions for duties, costs, charges, and expenses which he may think proper or reasonable: d: execute any release in respect of the premises so as effectually to discharge all accountable parties from all liability in respect of any matters coming within the scope of the release— without being responsible in any such case for any loss occasioned by any act or thing so done by him in good faith. 2: The trustee shall not be under any obligation and shall not be chargeable with any breach of trust by reason of any omission— a: to give any notice in respect of or apply for any charging or other like order upon any securities or other property out of or in which such share or interest or other thing in action as aforesaid is derived, payable, or charged; or b: to take any proceedings on account of any act, default, or neglect on the part of the persons in whom the securities or other property or any of them or any part thereof are for the time being, or had at any time been, vested— unless and until required in writing so to do by some person, or the guardian of some person, beneficially interested under the trust, and unless also due provision is made to his satisfaction for payment of the costs of any proceedings required to be taken: provided that nothing in this subsection shall relieve the trustee of the obligation to get in and obtain payment or transfer of the share or interest or other thing in action on the same falling into possession. Trustee Act 1925 s 22(1), (2) (UK) Section 27(1)(b) amended 1 October 1988 section 8 Trustee Amendment Act 1988 28: Valuations A trustee may, for the purpose of giving effect to the trust, or any of the provisions of the instrument, if any, creating the trust or of this Act or any other Act, from time to time ascertain and fix the value of any trust property, or of any property which he is authorised to purchase or otherwise acquire, in such manner as he thinks proper; and where the trustee is not personally qualified to ascertain the value of any property he shall consult a duly qualified person (whether employed by him or not) as to that value; but the trustee shall not be bound to accept any valuation made by any person whom the trustee may consult. Any valuation made by the trustee in good faith under this section shall be binding on all persons beneficially interested under the trust. Trustee Act 1925 s 22(3) (UK) 29: Power to employ agents 1: A trustee may, instead of acting personally, employ and pay an agent, whether a solicitor, accountant, bank, trustee corporation, stockbroker, or other person, to transact any business or do any act required to be transacted or done in the execution of the trust or the administration of the trust property, including the receipt and payment of money, and the keeping and audit of trust accounts, and shall be entitled to be allowed and paid all charges and expenses so incurred, and shall not be responsible for the default of any such agent if employed in good faith. 2: A trustee may appoint any person to act as his agent or attorney for the purpose of selling, converting, collecting, getting in, and executing and perfecting assurances of, or managing or cultivating, or otherwise administering any property, real or personal, movable or immovable, subject to the trust in any place outside New Zealand, or executing or exercising any discretion or trust or power vested in him in relation to any such property, with such ancillary powers and with and subject to such provisions and restrictions as he may think fit, including a power to appoint substitutes, and shall not, by reason only of his having made any such appointment, be responsible for any loss arising thereby. 2A: Without restricting the other powers conferred by this section, a trustee may— a: employ a trustee corporation to be his agent for the purpose of investing any trust funds in his possession, whether at the commencement of the employment in a state of investment or not, whether they came into his possession before or after the commencement of this section, and whether they comprise the whole or any part of the trust estate to which they belong; and b: pay or transfer any such trust funds to the trustee corporation 3: Without prejudice to such general power of appointing agents as aforesaid— a: a trustee may appoint a solicitor to be his agent to receive and give a discharge for any money or valuable consideration or property receivable by the trustee under the trust by permitting the solicitor to have the custody of, and to produce, a deed or instrument having in the body thereof or endorsed thereon a receipt for the money or valuable consideration or property, the deed or instrument being executed, or the endorsed receipt being signed, by the person entitled to give a receipt for that consideration: b: a trustee shall not be chargeable with breach of trust by reason only of his having made or concurred in making any such appointment; and the production of any such deed or instrument by the solicitor shall have the same validity and effect as if the person appointing the solicitor had not been a trustee: c: a trustee may appoint a bank or solicitor to be his agent to receive and give a discharge for any money payable to the trustee under or by virtue of a policy of insurance, by permitting the bank or solicitor to have the custody of and to produce the policy of insurance with a receipt signed by the trustee, and a trustee shall not be chargeable with a breach of trust by reason only of his having made or concurred in making any such appointment: provided that nothing in this subsection shall exempt a trustee from any liability which he would have incurred if this Act and any enactment replaced by this Act had not been passed, in case he permits any such money, valuable consideration, or property to remain in the hands or under the control of the bank or solicitor for a period longer than is reasonably necessary to enable the bank or solicitor, as the case may be, to pay or transfer the same to the trustee. 4: Subsection (3) shall apply whether the money or valuable consideration or property was or is received before or after the commencement of this Act. 1908 No 200 s 84 Trustee Act 1925 s 23 (UK) Section 29(2A) inserted 15 November 1968 Trustee Amendment Act 1968 Section 29(2A)(b) amended 6 April 1974 Trustee Amendment Act 1974 30: Power to concur with others Where an undivided share in any property is subject to a trust, the trustee may (without prejudice to any trust or power in relation to the entirety of the property) execute or exercise any trust or power vested in him in relation to that share in conjunction with the persons entitled to or having power in that behalf over the other share or shares, and notwithstanding that the trustee or any 1 or more of several trustees may be entitled to or interested in any such other share, either in his or their own right or in a fiduciary capacity. Trustee Act 1925 s 24 (UK) 31: Power to delegate trusts 1: A trustee who— a: is for the time being out of New Zealand or is about to depart therefrom; or b: expects that he may be absent from New Zealand from time to time during the administration of the trust; or c: is or may be about to become temporarily incapable, by reason of physical infirmity, of performing all his duties as a trustee; or d: expects that he may be from time to time temporarily incapable, by reason of physical infirmity, of performing all his duties as a trustee,— may, notwithstanding any rule of law or equity to the contrary, by power of attorney executed as a deed, delegate to any person the execution or exercise, during any period for which the trustee may be absent from New Zealand or incapable of performing all his duties as a trustee, of all or any trusts, powers, authorities, and discretions vested in him as such trustee, whether alone or jointly with any other person or persons: provided that a person being the only other co-trustee and not being a trustee corporation shall not be appointed to be an attorney under this subsection. 2: Where any such delegation has been duly made to and accepted by any person and is for the time being in operation, that person shall have, within the scope of the delegation, the same trusts, powers, authorities, discretions, liabilities, and responsibilities as he would have if he were then the trustee. 3: In any proceedings brought by any person beneficially interested under the trust against the donor of a power of attorney given under this section in respect of any act or default of the donee of the power it shall be a defence for the donor to prove that the donee was appointed by him in good faith and without negligence. 4: All jurisdiction and powers of any court shall apply to the donee of the power of attorney in the same manner, so far as respects the execution of the trust or the administration of the estate to which the power of attorney relates, as if the donee were acting in relation to the trust or estate in the same capacity as the donor of the power. 5: The power of attorney shall not come into operation unless and until the donor is out of New Zealand or is incapable of performing all his duties as a trustee, and unless the deed otherwise provides 6: In favour of any person dealing with the donee of a power of attorney given under this section, any act done or instrument executed by the donee shall, notwithstanding that the power has never come into operation or has been revoked, whether by the act of the donor of the power or by operation of law, be as valid and effectual as if the power had come into operation and remained unrevoked at the time when the act was done or the instrument executed, unless that person had at that time actual notice that the power had never come into operation or of the revocation of the power. 7: Where the donee of any power of attorney relating to any trust or estate is not a corporation aggregate, a certificate in form 1 7A: Where the donee of any power of attorney relating to any trust or estate is a corporation aggregate, a certificate in form 2 7B: Where any such certificate relates to the execution of any instrument, it shall be sufficient if the certificate is endorsed on the instrument and signed by the donee of the power or by any of the persons specified in subsection (7A), as the case may be. 7C: Every person commits an offence and is liable on 8: The fact that it appears from any power of attorney given under this section, or from any evidence required for the purposes of any power of attorney or otherwise, that in any transaction the donee of the power is acting in the execution of a trust shall not be deemed for any purpose to affect any person dealing in good faith with the donee with any notice of the trust. 9: For the purpose of executing or exercising the trusts, powers, authorities, and discretions delegated to him the donee may exercise any of the powers, authorities, and discretions conferred on the donor as trustee by statute or by the instrument creating the trust, except the power of delegation conferred by this section. 1908 No 200 ss 103–105 1925 No 14 ss 64(1), (4), 66 (NSW) Trustee Act 1925 s 25 (UK) Section 31(1) replaced 6 April 1974 Trustee Amendment Act 1974 Section 31(5) amended 6 April 1974 Trustee Amendment Act 1974 Section 31(7) replaced 1 October 1988 section 9(1) Trustee Amendment Act 1988 Section 31(7A) inserted 1 October 1988 section 9(1) Trustee Amendment Act 1988 Section 31(7B) inserted 1 October 1988 section 9(1) Trustee Amendment Act 1988 Section 31(7C) inserted 1 October 1988 section 9(1) Trustee Amendment Act 1988 Section 31(7C) amended 1 July 2013 section 413 Criminal Procedure Act 2011 32: Power to carry on business 1: Subject to the provisions of any other Act, if at the time of his death any person (whether alone or in partnership) is engaged in carrying on a business, trade, or occupation, it shall be lawful for his trustee to continue to carry on the same in the same manner for any 1 or more of the following periods: a: 2 years from the death of that person: b: such period as may be necessary or desirable for the winding up of the business: c: such further period or periods as the court may approve. 2: In exercise of the powers conferred by this section or by the instrument creating the trust, a trustee may employ any part of the deceased's estate which is subject to the same trusts; and may from time to time increase or diminish the part of the estate so employed; and may purchase stock, machinery, implements, and chattels for the purposes of the business; and may employ such managers, agents, servants, clerks, workmen, and others as he thinks fit; and may at any time enter into a partnership agreement to take the place of any partnership agreement subsisting immediately before the death of the deceased or at any time thereafter. 3: Application to the court for leave to carry on a business may be made by the trustee or any person beneficially interested in the estate at any time, whether or not any previous authority to carry on the business has expired; and the court may make such an order, or may order that the business be not carried on, or be carried on subject to conditions, or may make such other order as in the circumstances seems proper. 4: Nothing in this section shall prejudice any other authority to do the acts thereby authorised to be done. 5: Where a trustee is in any manner interested or concerned in a trade or business, he may make such subscription as it would be prudent for him to make if he were acting for himself out of the income of the assets affected to any fund created for objects or purposes in support of trades or businesses of a like nature and subscribed to by other persons engaged in the like trade or business. 1908 No 200 s 98 1921–22 No 48 s 20 32A: Power of trustee carrying on trust business to acquire shares in co-operative enterprises 1: Unless expressly forbidden by the instrument, if any, creating the trust, a trustee who is empowered to carry on any business forming part of the assets of the trust property may, so long as the trustee continues lawfully to carry on that business,— a: take up and subscribe for or otherwise acquire, out of such of the trust funds as the trustee may lawfully use in the carrying on of that business, shares in any co-operative company registered under any Act or in any other co-operative enterprise: b: subject to the provisions of any other enactment relating to the compulsory surrender of shares, retain as part of the trust property any shares held in any such company or co-operative enterprise and, out of such of the trust funds as the trustee may lawfully use in the carrying on of that business, pay calls on any shares held in any such company or co-operative enterprise— if membership of the company or enterprise is essential or highly advantageous to the carrying on of that business or the marketing of the products of that business. 2: A trustee exercising the powers conferred by subsection (1) is not, for the purposes of any provision of Part 2 Section 32A inserted 1 October 1988 section 10 Trustee Amendment Act 1988 33: Power to convert business into a company A trustee may at any time, at the expense of the trust property, convert or join in converting any business into a company limited by shares in such manner as he may think fit; and may, at the like expense, promote and assist in promoting a company for taking over the business; and may sell or transfer the business and the capital and assets and goodwill thereof, or any part thereof, to the company, or to any company having for its objects the purchase of such a business, in consideration, in either case, wholly or in part of ordinary or preference shares wholly or partially paid up of any such company, or wholly or in part of debentures, debenture stock, or bonds of any such company, and as to the balance (if any) in cash payable immediately, or by any instalments with or without security. 1921–22 No 48 s 20(1)(s) 33A: Trustee may sue himself in a different capacity Notwithstanding any rule of law or practice to the contrary, a trustee of any property in that capacity may sue, and be sued by, himself in any other capacity whatsoever, including his personal capacity: provided that in every such case the trustee shall obtain the directions of the court in which the proceedings are taken as to the manner in which the opposing interests are to be represented. Section 33A inserted 25 October 1960 Trustee Amendment Act 1960 Indemnities 34: Protection against liability in respect of rents and covenants 1: Where a trustee liable as such for— a: any rent, covenant, or agreement reserved by or contained in any lease; or b: any rent, covenant, or agreement payable under or contained in any grant made in consideration of a rent charge; or c: any indemnity given in respect of any rent, covenant, or agreement referred to in either of the foregoing paragraphs— satisfies all liabilities under the lease or grant which may have accrued and been claimed up to the date of the conveyance hereinafter mentioned, and, where necessary, sets apart a sufficient fund to answer any future claim that may be made in respect of any fixed and ascertained sum which the lessee or grantee agreed to lay out on the property demised or granted, although the period for laying out the same may not have arrived, then and in any such case the trustee may convey the property demised or granted to a purchaser, legatee, devisee, or other person entitled to call for a conveyance thereof, and thereafter— i: he may distribute the trust estate (other than the fund, if any, set apart as aforesaid) to or amongst the persons entitled thereto, without appropriating any part, or any further part, as the case may be, of the trust estate to meet any future liability under the said lease or grant: ii: notwithstanding the distribution, he shall not be personally liable in respect of any subsequent claim under the said lease or grant. 2: For the purposes of this section a trustee shall be deemed to be liable as such for any liabilities arising from privity of estate which he may incur under the obligations contained in a lease or grant if he is entitled to reimburse himself out of the trust property for all expenses he may incur in respect of the liabilities. 3: This section operates without prejudice to the right of the lessor or grantor, or the persons deriving title under the lessor or grantor, to follow the trust property or any part thereof or any property representing the same into the hands of the persons amongst whom the same may have been respectively distributed, and applies notwithstanding anything to the contrary in the instrument, if any, creating the trust. 4: In this section lease grant lessee grantee 1936 No 58 s 82 Trustee Act 1925 s 26 (UK) 34A: Trustee to have lien on policy money for premiums Where a trustee pays any premiums in respect of any policy of insurance he shall have a lien on the policy money for the amount of the premiums so paid, together with interest thereon of an amount calculated in accordance with Schedule 2 Section 34A inserted 15 November 1968 Trustee Amendment Act 1968 Section 34A amended 1 January 2018 section 29 Interest on Money Claims Act 2016 35: Protection against creditors and others by means of advertisements 1: Where a trustee has given notice by advertisement published at least once in a newspaper circulating in each locality in which in the opinion of the trustee claims are likely to arise requiring persons having claims to which this section applies to send to the trustee, within the time fixed in the notice, particulars of their claims and warning them of the consequences of their failure to do so, then, at the expiration of that time or at any time thereafter the trustee may administer or distribute the property or any part thereof to which the notice relates to or among the persons entitled thereto having regard only to the claims, whether formal or not, of which the trustee then has notice; and he shall not, as respects the property so administered or distributed, be liable to any person of whose claim he has not had notice at the time of the administration or distribution: provided that nothing in this section shall prejudice any remedy which the person may have under subsection (1) of section 49 2: The time to be fixed as aforesaid by any such notice shall not be less than 1 month from the date on which the notice is given: provided that where the notice is given in a newspaper circulating mainly outside New Zealand the time to be fixed as aforesaid shall be not less than 2 months. 3: In any case where the personal representative of a deceased person gives any such notice, the localities specified in subsection (1) shall include each locality in which the deceased resided or carried on business at any time during the year immediately preceding his death. 4: Where the trustee is in doubt as to what advertisements should be published under this section he may apply to the court for directions. 5: Any advertisement published under this section may relate to more than 1 estate or trust property. 6: This section shall apply notwithstanding anything to the contrary in the instrument, if any, creating the trust. 7: Except as provided in subsection (8), this section shall apply to the following claims, whether present or future, certain or contingent, against a trustee: a: claims against or in respect of the estate of the deceased person or the trust property, including (without limiting the generality of the foregoing provisions of this paragraph) claims that survive or lie against or in respect of the estate or property under Part 1 b: claims against the trustee personally by reason of his being under any liability in respect of which he is entitled to reimburse himself out of the estate or property that he is administering. 8: This section shall not apply to— a: any claim under the Family Protection Act 1955 Law Reform (Testamentary Promises) Act 1949 b: any claim by a person to be a beneficiary under the will or to be entitled on the intestacy of the deceased person, or to be beneficially interested under the trust. 1908 No 159 s 50 1952 No 56 s 25(1), (2) Trustee Act 1925 s 27 (UK) Section 35 heading amended 25 October 1960 Trustee Amendment Act 1960 Section 35(1) replaced 25 October 1960 Trustee Amendment Act 1960 Section 35(1) amended 1 January 1971 section 84(1) Administration Act 1969 Section 35(7) replaced 25 October 1960 Trustee Amendment Act 1960 Section 35(8) inserted 25 October 1960 Trustee Amendment Act 1960 36: Protection in regard to notice A trustee acting for the purposes of more than 1 trust shall not, in the absence of fraud, be affected by notice of any instrument, matter, fact, or thing in relation to any particular trust if he has obtained notice thereof merely by reason of his acting or having acted for the purposes of another trust. Trustee Act 1925 s 28 (UK) 37: Exoneration of trustees in respect of certain powers of attorney A trustee acting or paying money in good faith in reliance on any power of attorney and on a statutory declaration or other sufficient evidence that the power of attorney has not been revoked shall not be liable for any such act or payment by reason of the fact that at the time of the act or payment the person who gave the power of attorney was subject to any disability, or bankrupt, or dead, or had done or suffered some act or thing to avoid the power, if this fact was not known to the trustee at the time of his so acting or paying: provided that— a: nothing in this section shall affect the right of any person entitled to the money against the person to whom the payment is made: b: the person so entitled shall have the same remedy against the person to whom the payment is made as he would have had against the trustee. Trustee Act 1925 s 29 (UK) 38: Implied indemnity of trustees 1: A trustee shall be chargeable only for money and securities actually received by him, notwithstanding his signing any receipt for the sake of conformity, and shall be answerable and accountable only for his own acts, receipts, neglects, or defaults, and not for those of any other trustee, nor for any bank, broker, or other person with whom any trust money or securities may be deposited, nor for the insufficiency or deficiency of any securities, nor for any other loss, unless the same happens through his own wilful default. 2: A trustee may reimburse himself or pay or discharge out of the trust property all expenses reasonably incurred in or about the execution of the trusts or powers; but, except as provided in this Act or any other Act or as agreed by the persons beneficially interested under the trust, no trustee shall be allowed the costs of any professional services performed by him in the execution of the trusts or powers unless the contrary is expressly declared by the instrument creating the trust: provided that the court may on the application of the trustee allow such costs as in the circumstances seem just. 1908 No 200 ss 82, 83 Trustee Act 1925 s 30 (UK) 39: Protection of trustee who pays trust money to bankrupt in good faith and without knowledge of bankruptcy 1: If a trustee in good faith, without negligence, and without actual knowledge of the bankruptcy of any person, pays or transfers to or to the order of that person any trust money or trust property which he would have been entitled to receive (whether as a beneficiary or otherwise) if he had not been adjudged bankrupt, the trustee shall not be liable to the assignee in bankruptcy of the estate of the bankrupt for any money so paid or any property so transferred: provided that nothing in this section shall prejudice the right of the assignee in bankruptcy to follow the money or property or any part thereof into the hands of the persons who have received the same. 2: For the purposes of this section a trustee shall not be deemed to have actual knowledge of the bankruptcy of any person by reason merely of the fact that notice of the adjudication has been published in any newspaper or in the Gazette 3: This section applies with respect to payments of money or transfers of property made by a trustee before or after the commencement of this Act. 1933 No 32 s 5 39A: Protection of trustee in handing over chattels to life tenant 1: Where any chattels are, under the provisions of any will, bequeathed to any person including an infant 2: The trustee may thereupon deliver the chattels to that person on such terms and conditions as the trustee thinks fit, and shall not thereafter be bound to see to the repair or insurance of the chattels, and shall not be subject to any liability whatsoever by reason of the loss or destruction of the chattels or the neglect of that person to effect any such repairs or insurance. 3: A copy of any such inventory, signed by that person and by the trustee, is deemed to be a security interest within the meaning of the Personal Property Securities Act 1999 Section 39A inserted 18 October 1957 Trustee Amendment Act 1957 Section 39A(1) amended 25 October 1960 Trustee Amendment Act 1960 Section 39A(3) replaced 1 May 2002 section 191(1) Personal Property Securities Act 1999 39B: Protection of trustee in handing over chattels to infant 1: A trustee may in his discretion deliver to an infant, or to the guardian or any of the guardians of an infant, any chattels absolutely vested in the infant, and the receipt of the infant or guardian shall be a complete discharge to the trustee for any chattels so delivered. 2: The powers conferred by this section are in addition to the powers conferred by section 41 Section 39B inserted 25 October 1960 Trustee Amendment Act 1960 Maintenance, advancement, and protective trusts 40: Power to apply income for maintenance, etc, and to accumulate surplus income during a minority 1: Where any property is held by a trustee in trust for any person for any interest whatsoever, whether vested or contingent, then, subject to any prior interests or charges affecting that property,— a: during the infancy of any such person, if his interest so long continues, the trustee may, at his sole discretion, pay to his parent or guardian, if any, or otherwise apply for or towards his maintenance or education (including past maintenance or education) or his advancement or benefit, the whole or such part, if any, of the income of that property as may, in all the circumstances, be reasonable, whether or not there is— i: any other fund applicable to the same purpose; or ii: any person bound by law to provide for his maintenance, education, advancement, or benefit; and b: if the person on attaining the age of 20 provided that, in deciding whether the whole or any part of the income of the property is during a minority to be paid or applied for the purposes aforesaid, the trustee shall have regard to the age of the infant and his requirements and generally to the circumstances of the case, and in particular to what other income, if any, is applicable for the same purposes; and where the trustee has notice that the income of more than 1 fund is applicable for those purposes, then, so far as practicable, unless the entire income of the funds is paid or applied as aforesaid or the court otherwise directs, a proportionate part only of the income of each fund shall be so paid or applied. 2: During the infancy of any such person, if his interest so long continues, the trustee shall accumulate all the residue of that income in the way of compound interest by investing the same and the resulting income thereof from time to time in accordance with the trust instrument or the provisions of this Act as to the investment of trust funds a: if any such person— i: attains the age of 20 or enters into a civil union he or she marries or enters into a civil union ii: on attaining the age of 20 marrying or entering into a civil union the trustee shall hold the accumulations in trust for that person absolutely, but without prejudice to any provision with respect thereto contained in any settlement by him made under any statutory powers during his infancy, and so that the receipt of that person after marrying or entering into a civil union b: in any other case the trustee shall, notwithstanding that that person had a vested interest in the income, hold the accumulations as an accretion to the capital of the property from which the accumulations arose and as 1 fund with that capital for all purposes,— but the trustee may, at any time during the infancy of that person if his interest so long continues, apply those accumulations, or any part thereof, as if they were income arising in the then current year. 3: This section applies in the case of a contingent interest only if the limitation or trust carries the intermediate income of the property, but it applies to a future or contingent legacy by the parent of, or a person standing in the place of a parent to, the legatee, if and for such period as, under the general law, the legacy carries interest for the maintenance of the legatee, and in any such case as last aforesaid the rate of interest shall (if the income available is sufficient and subject to any rules of court to the contrary) be that for the time being prescribed by or under section 39 4: This section applies to a vested annuity in like manner as if the annuity were the income of property held by a trustee in trust to pay the income thereof to the annuitant for the same period for which the annuity is payable, save that in any case accumulations made during the infancy of the annuitant shall be held in trust for the annuitant or his personal representatives absolutely. 1946 No 14 s 4 Trustee Act 1925 s 31 (UK) Section 40(1)(b) amended 1 January 1971 section 6 Age of Majority Act 1970 Section 40(2) amended 1 October 1988 section 11 Trustee Amendment Act 1988 Section 40(2)(a) amended 26 April 2005 section 4(3) Trustee Amendment Act 2005 Section 40(2)(a)(i) amended 26 April 2005 section 4(1) Trustee Amendment Act 2005 Section 40(2)(a)(i) amended 26 April 2005 section 4(2) Trustee Amendment Act 2005 Section 40(2)(a)(i) amended 1 January 1971 section 6 Age of Majority Act 1970 Section 40(2)(a)(ii) amended 26 April 2005 section 4(3) Trustee Amendment Act 2005 Section 40(2)(a)(ii) amended 1 January 1971 section 6 Age of Majority Act 1970 Section 40(3) amended 1 January 1971 section 83 Administration Act 1969 41: Power to apply capital for maintenance, etc A trustee may at any time or times pay or apply any capital money or other capital asset subject to a trust, for the maintenance or education (including past maintenance or education), or the advancement or benefit, in such manner as he may in his absolute discretion think fit, of any person entitled to the capital of the trust property or of any share thereof, whether absolutely or contingently on his attaining any specified age or on the occurrence of any other event, or subject to a gift over on his death under any specified age or on the occurrence of any other event, and whether in possession or in remainder or reversion, and any such payment or application may be made notwithstanding that the interest of that person is liable to be defeated by the exercise of a power of appointment or revocation, or to be diminished by the increase of the class to which he belongs: provided that— a: except with the consent of the court, the money or asset so paid or applied for the maintenance, education, advancement, or benefit of any person shall not exceed altogether in amount or value— i: half of the presumptive or vested share or interest of that person in the trust property where the value of that share or interest exceeds $15,000 or such other amount as the Governor-General, by Order in Council, may for the time being prescribe in place of that amount; or ii: in any other case $7,500, or such other amount as the Governor-General, by Order in Council, may for the time being prescribe in place of that amount; and b: where that person or any other person is or becomes absolutely and indefeasibly entitled to the share of the trust property in which that person had a presumptive or vested interest when the money or asset was so paid or applied, that money or asset shall be brought into account as part of that share in the trust property; and c: no such payment or application shall be made so as to prejudice any person entitled to any prior life or other interest, whether vested or contingent, in the money or asset paid or applied unless that person is in existence and of full age and consents in writing to the payment or application, or unless the court, on the application of the trustee, so orders. 1946 No 14 s 5 Trustee Act 1925 s 32 (UK) Section 41 proviso paragraph (a) replaced 28 August 1977 Trustee Amendment Act 1977 Section 41 proviso paragraph (b) replaced 25 October 1960 Trustee Amendment Act 1960 41A: Conditional advances for maintenance, etc 1: Where a power to pay or apply any property for the maintenance, education, advancement, or benefit of any person, or for any 1 or more of those purposes, is vested in a trustee, the trustee when exercising the power shall have, and be deemed always to have had, authority to impose on the person any condition, whether as to repayment, payment of interest, giving security, or otherwise. At any time after imposing any such condition, the trustee may, either wholly or in part, waive the condition or release any obligation undertaken or any security given by reason of the condition. 2: In determining the amount or value of the property which a trustee who has imposed such a condition may pay or apply in exercise of the power, any money repaid to the trustee or recovered by him shall be deemed not to have been so paid or applied by the trustee. 3: Nothing in this section shall impose upon a trustee any obligation to impose any such condition; and a trustee, when imposing any condition as to giving security as aforesaid, shall not be affected by any restrictions upon the investment of trust funds, whether imposed by this Act or by any rule of law or by the trust instrument (if any). 4: A trustee shall not be liable for any loss which may be incurred in respect of any money that is paid or applied as aforesaid, whether the loss arises through failure to take security, or through the security being insufficient, or through failure to take action for its protection, or through the release or abandonment of the security without payment, or from any other cause. Section 41A inserted 25 October 1960 Trustee Amendment Act 1960 42: Protective trusts 1: Where any income, including an annuity or other periodical income payment, is directed to be held on protective trusts for the benefit of any person (in this section called the principal beneficiary trust period a: upon trust for the principal beneficiary during the trust period or until he, whether before or after the termination of any prior interest, does or attempts to do or suffers any act or thing, or until any event happens, other than an advance under any statutory or express power, whereby, if the said income were payable during the trust period to the principal beneficiary absolutely during that period, he would be deprived of the right to receive the same or any part thereof, in any of which cases, as well as on the termination of the trust period, whichever first happens, this trust of the said income shall fail or determine; b: if the trust aforesaid fails or determines during the subsistence of the trust period, then, during the residue of that period, the said income shall be held upon trust for the application thereof for the maintenance or support, or otherwise for the benefit, of all or any 1 or more exclusively of the other or others of the following persons, that is to say: i: the principal beneficiary and his or her wife , husband, civil union partner, or de facto partner ii: if there is no wife or husband or civil union partner or de facto partner as the trustee in his absolute discretion, without being liable to account for the exercise of such discretion, thinks fit. 2: This section shall not apply to trusts coming into operation before the commencement of this Act, and has effect subject to any variation of the implied trusts aforesaid contained in the instrument creating the trust. 3: Nothing in this section shall operate to validate any trust which would, if contained in the instrument creating the trust, be liable to be set aside. Trustee Act 1925 s 33 (UK) Section 42(1)(b)(i) amended 26 April 2005 section 5(1) Trustee Amendment Act 2005 Section 42(1)(b)(ii) amended 26 April 2005 section 5(2) Trustee Amendment Act 2005 Special powers in respect of businesses Heading inserted 11 December 1982 Trustee Amendment Act 1982 42A: Power to set aside reserves out of income or profits of business 1: Where any property settled by way of succession is employed in a business that the trustee is empowered or authorised to carry on, and the trustee considers that in the interests of the persons entitled to the income or capital of the property, and in accordance with good business practice, it is expedient to set aside and retain as a capital reserve part of the income or profits arising therefrom in any period, then, notwithstanding any rule of law to the contrary, and without in any way affecting any other power conferred on him by this Act or any other enactment (including, without limiting the generality of the foregoing, the power to set up a depreciation or replacement fund under section 15(2) 2: Any income or profits reserved by the trustee under this section may be applied by him in his discretion either immediately or at any time or times thereafter in, for, or towards all or any of the following purposes: a: the payment or discharge of any debts or liabilities of the business that are properly payable out of capital: b: the improvement or development of any of the assets of the business, including the acquisition of trading stock or livestock: c: the replacement, repair, maintenance, upkeep, or renovation of any of the assets of the trust used in the business, whether the cost of such replacement, repair, maintenance, upkeep, or renovation would otherwise have to be paid out of capital or out of income or partly out of capital and partly out of income: d: the acquisition by purchase or otherwise of property or assets of like nature to any of the assets used in the business or that may advantageously be employed in conjunction therewith: e: the provision of additional capital for the more efficient working of the business and a fund to enable the business to be developed: f: meeting any losses notwithstanding that under any rule of law or enactment or provision in the trust instrument to the contrary such losses should be borne or partly borne by income: g: any purpose or other purpose to which or for which in the exercise of any power, trust, or authority conferred upon him by this Act or any other enactment, or rule of law or by the trust instrument creating the trust, or court order the trustee may pay or apply the income or capital of the property or of any other assets held by him upon the same trusts. 3: All income or profits reserved by the trustee under this section shall, subject to the provisions of this section, follow the destination of the capital of the property and shall be subject to all the trusts, powers, and provisions applicable thereto. Section 42A inserted 11 December 1982 Trustee Amendment Act 1982 42B: Power to apply capital of business for maintenance 1: Where any property settled by way of succession is employed in a business that the trustee is empowered or authorised to carry on, and the trustee considers in any period that the income arising from the business and available for distribution to the person entitled to receive it (in this section referred to as the income beneficiary sections 40 41 section 15(2) section 42A 2: If, in any such case, the trustee pays or applies any capital money or capital asset for the maintenance or benefit of the income beneficiary in accordance with subsection (1), and, in any subsequent period, the trustee considers that the income available from the business for distribution to the income beneficiary is more than sufficient for the proper maintenance of the income beneficiary, having regard to any other income received or to be received during that subsequent period by the income beneficiary from whatever source and to all the other circumstances of the case, then the trustee may recoup the whole or such part as he thinks fit of the sum so paid (or of a sum equivalent to the value of the capital asset so applied) from the income arising from the business during that period and available for distribution to the income beneficiary. Section 42B inserted 11 December 1982 Trustee Amendment Act 1982 42C: Matters to be taken into consideration when exercising powers In considering whether or not to exercise, or in what manner he should exercise, any power conferred on him by section 42A section 42B a: the proper maintenance and support of the beneficiary entitled to the income arising from the business; and b: the preservation and improvement of the business enterprise in the interests of the beneficiaries entitled to the capital thereof. Section 42C inserted 11 December 1982 Trustee Amendment Act 1982 42D: Apportionment of income Where any property settled by way of succession is employed in a business that the trustee is empowered or authorised to carry on, and the trustee considers that, in order better to determine the net income of the business that is available in any period for appropriation and distribution to the person or persons entitled under the trust to the income therefrom, it is expedient to do so, he may— a: instead of commencing the accounting period to determine such income with the date of the commencement of the trust, adopt the accounting period employed in respect of the business immediately before the commencement of the trust, continue the accounting period so employed and current immediately before the commencement of the trust, and apportion the income so determined on such basis as if it had accrued evenly during that accounting period: b: instead of preparing final accounts, in respect of any interest in the whole or any part of the income arising from the business, as at the date of the termination of that interest, prepare such accounts at the end of the accounting period employed in respect of the business immediately before the date of the termination of the interest and current at that date, and apportion the income so determined on such basis as if it had accrued evenly during that accounting period. Section 42D inserted 11 December 1982 Trustee Amendment Act 1982 Special powers in respect of portfolio investment entities Heading inserted 1 October 2007 section 241 Taxation (Savings Investment and Miscellaneous Provisions) Act 2006 42E: Power to adjust interests in trust property of portfolio investment entity Where any property is employed in an activity that the trustee is empowered or authorised to carry on as a portfolio investment entity, the trustee may adjust the interests of the beneficiaries in the property in the way required by section HL 7 Income Tax Act 2007 , in the Financial Markets Conduct Act 2013 Section 42E inserted 1 October 2007 section 241 Taxation (Savings Investment and Miscellaneous Provisions) Act 2006 Section 42E amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 42E amended 1 April 2008 section ZA 1(1) Income Tax Act 2007 4: Appointment and discharge of trustees 43: Power of appointing new trustees 1: Where a trustee (whether original or substituted, and whether appointed by the court or otherwise)— a: is dead; or b: remains out of New Zealand for the space of 12 months during which no delegation of any trusts, powers, or discretions vested in him as such trustee remains in operation under section 31 c: desires to be discharged from all or any of the trusts or powers reposed in or conferred on him; or d: refuses to act therein; or e: is unfit to act therein; or f: is incapable of so acting; or g: being a corporation, has ceased to carry on business, is in liquidation, or is dissolved, then— the person nominated for the purpose of appointing new trustees by the instrument (if any) creating the trust, or if there is no such person or no such person able and willing to act, then the surviving or continuing trustees for the time being, or the personal representatives of the last surviving or continuing trustee, may by deed appoint a person or persons (whether or not being the person or persons exercising the power) to be a trustee or trustees in the place of the first-mentioned trustee. 2: On the appointment of a trustee or trustees for the whole or any part of trust property— a: the number of trustees may be increased; and b: a separate set of trustees may be appointed for any part of the trust property held on trusts distinct from those relating to any other part, and whether or not new trustees are or are to be appointed for other parts of the trust property; and any existing trustee may be appointed or remain one of the separate set of trustees; or if only 1 trustee was originally appointed, then 1 separate trustee may be so appointed for the first-mentioned part; and c: it shall not be obligatory to appoint more than 1 new trustee where only 1 trustee was originally appointed, or to fill up the original number of trustees where more than 2 trustees were originally appointed; but, except where only 1 trustee was originally appointed, a trustee shall not be discharged under this section unless there will be either a trustee corporation or at least 2 individuals to act as trustees to perform the trust; and d: any assurance or thing requisite for vesting the trust property, or any part thereof, jointly in the persons who are the trustees shall be executed or done. 3: Where a trustee has been removed under a power contained in the instrument creating the trust, a new trustee or new trustees may be appointed in the place of the trustee who is removed, as if he were dead, or, in the case of a corporation, as if the corporation had been dissolved, and the provisions of this section shall apply accordingly. 4: The power of appointment given by subsection (1) or any similar previous enactment to the personal representatives of a last surviving or continuing trustee shall be and shall be deemed always to have been exercisable by the executors for the time being (whether original or by representation) of that surviving or continuing trustee who have proved the will of their testator or by the administrators for the time being of that trustee without the concurrence of any executor who has renounced or has not proved: provided that a sole or last surviving executor intending to renounce, or all the executors where they all intend to renounce, shall have and shall be deemed always to have had power, at any time before renouncing probate, to exercise the power of appointment given by this section, or by any similar previous enactment, if willing to act for that purpose and without thereby accepting the office of executor. 5: Where a sole trustee a: the person or persons nominated for the purpose of appointing new trustees by the instrument, if any, creating the trust; or b: if there is no such person, or no such person able and willing to act, then the trustee or trustees for the time being— may, by writing, appoint a person or persons (whether or not being the person or persons exercising the power) to be an additional trustee or additional trustees, but it shall not be obligatory to appoint any additional trustee, unless the instrument, if any, creating the trust, or any statutory enactment provides to the contrary: provided that an additional trustee or additional trustees shall not be appointed under this subsection without the consent of— a: the trustee or trustees for the time being; or b: the court. 6: Every new trustee appointed under this section as well before as after all the trust property becomes by law, or by assurance, or otherwise, vested in him, shall have the same powers, authorities, and discretions, and may in all respects act as if he had been originally appointed a trustee by the instrument, if any, creating the trust. 7: The provisions of this section relative to a trustee who is dead include the case of a person nominated trustee whether sole or otherwise in a will, and who dies before the testator; and those relative to a continuing trustee include a refusing or retiring trustee, if willing to act in the execution of the provisions of this section. 8: The provisions of this section relative to a person nominated for the purpose of appointing new trustees apply whether the appointment is made in a case specified in this section or in a case specified in the instrument, if any, creating the trust, but where a new trustee is appointed under this section in a case specified in that instrument, the appointment shall be subject to the terms applicable to an appointment in that case under the provisions of that instrument. 9: In this section the term trustee 1908 No 200 s 78 1925 No 14 s 6(10) (NSW) Trustee Act 1925 ss 36, 37 (UK) Section 43(5) amended 15 November 1968 Trustee Amendment Act 1968 Section 43(5) amended 15 November 1968 Trustee Amendment Act 1968 Section 43(5) proviso inserted 15 November 1968 Trustee Amendment Act 1968 Section 43(9) inserted 18 October 1957 Trustee Amendment Act 1957 44: Evidence as to a vacancy in a trust 1: A statement contained in any instrument coming into operation after the commencement of this Act by which a new trustee is appointed for any purpose connected with land as to how a vacancy in the office of trustee occurred shall, in favour of a purchaser of the land, be conclusive evidence of the matter stated. 2: In favour of any such purchaser any appointment of a new trustee depending on that statement, and any vesting declaration, express or implied, consequent on the appointment, shall be valid. Trustee Act 1925 s 38 (UK) 45: Retirement of trustee 1: Where there are 2 or more trustees— a: if one of them by deed declares that he is desirous of being discharged from the trust; and b: if his co-trustees and such other person (if any) as is empowered to appoint trustees by deed consent to the discharge of the trustee, and to the vesting of the trust property in the co-trustees alone— then, subject to the provisions of subsection (3), the trustee desirous of being discharged shall be deemed to have retired from the trust, and shall by the deed be discharged therefrom under this Act without any new trustee being appointed in his place. 2: Any assurance or thing requisite for vesting the trust property in the continuing trustees alone shall be executed and done. 3: Except where only 1 trustee was originally appointed, a trustee shall not be discharged under subsection (1) unless there will be either a trustee corporation or at least 2 individuals to act as trustees to perform the trust. 1908 No 200 s 79 Trustee Act 1925 s 39 (UK) 46: Discharge of trustee with assistance of court or Registrar 1: Where any trustee is desirous of being discharged from his trust he shall be entitled to retire therefrom on passing his accounts before the Registrar, and giving notice of his retirement to his co-trustees (if any), and to such other person (if any) as is empowered to appoint new trustees. 2: If such co-trustees, or such other person as aforesaid empowered to appoint new trustees, or any of them, refuse or neglect to appoint a new trustee or to consent to such appointment in place of the trustee so retiring, or if the retiring trustee is the sole trustee having power to appoint a new trustee, but the exercise of that power is impracticable or difficult without the assistance of the court, it shall be lawful for the retiring trustee to apply to the court for the appointment of a new trustee in his place. 3: The court may, upon any such application, make an order appointing some proper person as trustee in place of the trustee so desirous of being discharged from his trust, and direct any accounts and inquiries to be made, and make an order discharging the trustee from the trust and from all liability in respect thereof, and may make such order as to costs or otherwise as it thinks fit, and may exercise any of the powers contained in Part 5 4: If the court, on an application under subsection (2) by a trustee other than a supervisor, appoints Public Trust as the replacement trustee, Public Trust must accept the appointment. 5: In subsection (4) supervisor section 6(1) 6: 7: 1908 No 200 s 102 Section 46(4) replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 46(5) replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 46(6) repealed 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 46(7) repealed 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 47: Vesting of trust property in new or continuing trustees 1: Where by a deed a new trustee is appointed to perform any trust, then— a: if the deed contains a declaration by the appointor to the effect that any estate or interest in any land that is subject to the trust and is not under the Land Transfer Act 2017 b: if the deed is made after the commencement of this Act and does not contain such a declaration, the deed shall, subject to any express provision to the contrary therein contained, operate as if it had contained such a declaration by the appointor extending to all the estates, interests, and rights with respect to which a declaration could have been made. 2: Where by a deed a retiring trustee is discharged under the statutory power without a new trustee being appointed, then— a: if the deed contains such a declaration as aforesaid by the retiring and continuing trustees, and by the other person (if any) empowered to appoint trustees, the deed shall, without any conveyance or assignment, operate to vest in the continuing trustees alone, as joint tenants, and for the purposes of the trust, the estate or interest or right to which the declaration relates; and b: if the deed is made after the commencement of this Act and does not contain such a declaration, the deed shall, subject to any express provision to the contrary therein contained, operate as if it had contained such a declaration by such persons as aforesaid extending to all the estates, interests, and rights with respect to which a declaration could have been made. 3: An express vesting declaration, whether made before or after the commencement of this Act, shall, notwithstanding that the estate or interest or right to be vested is not expressly referred to, and provided that the other statutory requirements were or are complied with, operate and be deemed always to have operated (but without prejudice to any express provision to the contrary contained in the deed of appointment or discharge) to vest in the persons respectively referred to in subsections (1) and (2), as the case may require, such estates, interests, and rights as are capable of being and ought to be vested in those persons. 4: This section does not extend— a: to land conveyed by way of mortgage for securing money subject to the trust, except land conveyed on trust for securing debentures or debenture stock: b: to land held under a lease (including a sublease and an agreement for a lease or sublease) which contained any covenant, condition, or agreement against assignment or disposing of the land without licence or consent, unless (before the execution of the deed containing expressly or impliedly the vesting declaration) the requisite licence or consent has been obtained, or unless (by virtue of any statute or rule of law) the vesting declaration, express or implied, would not operate as a breach of covenant or give rise to a forfeiture: c: to any share, stock, annuity, or property which is transferable only in books kept by a company or other body, or in manner directed by or under any Act. 5: For purposes of registration of the deed in any registry, the person or persons making the declaration expressly or impliedly shall be deemed the conveying party or parties, and the conveyance shall be deemed to be made by him or them under a power conferred by this Act. 1908 No 200 s 80 Trustee Act 1925 s 40 (UK) Section 47(1)(a) amended 12 November 2018 section 250 Land Transfer Act 2017 48: Corporations acting as trustees 1: Any trustee corporation may be appointed and may lawfully act as the sole trustee in respect of any trust, notwithstanding that the instrument creating the trust may provide for or direct the appointment of 2 or more trustees. Nothing in this subsection shall prevent any other corporation from acting as a trustee in accordance with any authority vested in it in that behalf, whether by its memorandum of association or otherwise: provided that no corporation shall administer the estate of any deceased person unless expressly authorised to do so by any Act. 2: This section shall not permit the appointment of a corporation as trustee if the instrument creating the trust forbids the appointment of the corporation. 3: This section shall extend to all trusts and instruments, and to all appointments of trustees, whether created or made before or after the commencement of this Act. 1908 No 200 s 100 49: Advisory trustees 1: In the administration of any trust property any trustee may act, to the extent hereinafter provided, with an advisory trustee, which term includes, in its application to the estate of a mentally disordered person manager property order Protection of Personal and Property Rights Act 1988 2: An advisory trustee may be appointed in respect of all or any part of the trust property— a: by the testator, settlor, or other creator of the trust, in the instrument creating the trust; or b: by order of the court made on the application of any beneficiary or trustee or of any person on whose application the court would have power to appoint a new trustee; or c: by the responsible trustee or d: in respect of the estate of a mentally disordered person manager Protection of Personal and Property Rights Act 1988 manager e: in respect of the estate or any part of the estate of any person in respect of whom a property order Protection of Personal and Property Rights Act 1988 3: Where a trustee acts with an advisory trustee the trust property shall be vested in the first-mentioned trustee ( responsible trustee provided that— a: the responsible trustee may consult the advisory trustee on any matter relating to the trusts or the estate: b: the advisory trustee may advise the responsible trustee on any matter relating to the trusts or the estate, but shall not be a trustee in respect of the trust: c: where any advice or direction is tendered or given by the advisory trustee, the responsible trustee may follow the same and act thereon, and shall not be liable for anything done or omitted by him by reason of his following that advice or direction: d: in any case where the responsible trustee is of opinion that such advice or direction conflicts with the trusts or any rule of law, or exposes him to any liability, or is otherwise objectionable, he may apply to the court for directions in the matter, and the decision and order therein shall be final and shall bind the responsible trustee and the advisory trustee, and the court may make such order as to costs as appears proper: provided that nothing in this paragraph shall make it necessary for the responsible trustee to apply to the court for any such directions: e: where advisory trustees are not unanimous, and tender to the responsible trustee conflicting advice or directions, the responsible trustee may similarly apply to the court for directions. 4: No person dealing with the responsible trustee in relation to any trust property shall be concerned to inquire as to the concurrence or otherwise of the advisory trustee, or be affected by notice of the fact that the advisory trustee has not concurred. 5: Subject to the provisions of the instrument (if any) creating the trust and to any order made by the court, in any case where remuneration is payable to the trustee of any trust property, remuneration or commission may be paid to both the responsible trustee and the advisory trustee, and subject as aforesaid the amount thereof shall be determined,— a: where the responsible trustee is the Māori Trustee Maori Trustee Act 1953 aa: where the responsible trustee is Public Trust, in accordance with Public Trust's scale of charges: b: in any other case, by the responsible trustee if he is entitled to fix his own remuneration, or by the court. 6: 1924 No 33 s 7 Section 49 heading amended 15 November 1968 Trustee Amendment Act 1968 Section 49(1) amended 1 October 1988 section 113 Protection of Personal and Property Rights Act 1988 Section 49(1) amended 1 October 1988 section 117(3) Protection of Personal and Property Rights Act 1988 Section 49(1) amended 1 April 1970 Mental Health Act 1969 Section 49(1) amended 1 April 1970 Mental Health Act 1969 Section 49(2)(c) amended 15 November 1968 Trustee Amendment Act 1968 Section 49(2)(d) amended 1 October 1988 section 113 Protection of Personal and Property Rights Act 1988 Section 49(2)(d) amended 1 April 1970 Mental Health Act 1969 Section 49(2)(d) amended 1 April 1970 Mental Health Act 1969 Section 49(2)(e) amended 1 October 1988 section 113 Protection of Personal and Property Rights Act 1988 Section 49(2)(e) amended 1 October 1988 section 117(3) Protection of Personal and Property Rights Act 1988 Section 49(3) amended 15 November 1968 Trustee Amendment Act 1968 Section 49(5)(a) replaced 1 March 2002 section 170(1) Public Trust Act 2001 Section 49(5)(a) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 49(5)(aa) inserted 1 March 2002 section 170(1) Public Trust Act 2001 Section 49(6) repealed 4 December 1968 Public Trust Office Amendment Act 1968 50: Remuneration of custodian trustees 1: Subject to the provisions of this section and to the instrument (if any) creating the trust, any corporation may be appointed to be custodian trustee of any trust in any case where it could be appointed to be trustee, in the same manner as it could be so appointed. 2: Subject to the provisions of the instrument (if any) creating the trust, where a custodian trustee is appointed of any trust— a: the trust property shall be vested in the custodian trustee as if the custodian trustee were sole trustee, and for that purpose vesting orders may, where necessary, be made under this Act: b: the management of the trust property and the exercise of all powers and discretions exercisable by the trustee under the trust shall remain vested in the managing trustees as fully and effectually as if there were no custodian trustee: c: the sole function of the custodian trustee shall be to get in and hold the trust property, and invest its funds, and dispose of the assets, as the managing trustees in writing direct, for which purpose the custodian trustee shall execute all such documents and perform all such acts as the managing trustees in writing direct: d: for the purposes of paragraph (c) a direction given by the majority of the managing trustees where there are more than 1, shall be deemed to be given by all the managing trustees: e: the custodian trustee shall not be liable for acting on any such direction: provided that if the custodian trustee is of opinion that any such direction conflicts with the trusts or the law, or exposes the custodian trustee to any liability, or is otherwise objectionable, the custodian trustee may apply to the court for directions under section 66 f: the custodian trustee shall not be liable for any act or default on the part of any of the managing trustees: g: all actions and proceedings touching or concerning the trust property shall be brought or defended in the name of the custodian trustee at the written direction of the managing trustees, and the custodian trustee shall not be liable for the costs thereof apart from the trust property: h: no person dealing with the custodian trustee shall be concerned to inquire as to the concurrence or otherwise of the managing trustees, or be affected by notice of the fact that the managing trustees have not concurred: i: the power of appointing new trustees, when exercisable by the trustee, shall be exercisable by the managing trustees alone, but the custodian trustee shall have the same power as any other trustee of applying to the court for the appointment of a new trustee. 3: On the application of the custodian trustee, or of any of the managing trustees, or of any beneficiary, and on satisfactory proof that it is the general wish of the beneficiaries, or that on other grounds it is expedient to terminate the custodian trusteeship, the court may make an order for that purpose, and may also make such vesting orders and give such directions as in the circumstances seem to the court to be necessary or expedient. 4: Subject to the provisions of the instrument (if any) creating the trust and to any order made by the court, in any case where remuneration or commission is payable to the trustee of any trust property, remuneration may be paid to both the custodian trustee and the managing trustees, and subject as aforesaid the amount thereof shall be determined,— a: as regards the custodian trustee in any case where the custodian trustee is the Māori Trustee Maori Trustee Act 1953 aa: as regards the custodian trustee in any case where the custodian trustee is Public Trust, in accordance with Public Trust's scale of charges: b: as regards the custodian trustee in any case where the custodian trustee is a trustee company within the meaning of the Trustee Companies Act 1967 c: except as provided in paragraphs (a) and (b), by the managing trustees if they are entitled to fix their own remuneration, or by the court. 5: 1913 No 19 ss 5–9 Section 50 heading amended 15 November 1968 Trustee Amendment Act 1968 Section 50(4)(a) replaced 1 March 2002 section 170(1) Public Trust Act 2001 Section 50(4)(a) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 50(4)(aa) inserted 1 March 2002 section 170(1) Public Trust Act 2001 Section 50(4)(b) replaced 15 November 1968 Trustee Amendment Act 1968 Section 50(4)(c) inserted 15 November 1968 Trustee Amendment Act 1968 Section 50(5) repealed 4 December 1968 Public Trust Office Amendment Act 1968 5: Powers of the court Appointment of new trustees 51: Power of court to appoint new trustees 1: The court may, whenever it is expedient to appoint a new trustee or new trustees, and it is found inexpedient, difficult, or impracticable so to do without the assistance of the court, make an order appointing a new trustee or new trustees, either in substitution for or in addition to any existing trustee or trustees, or although there is no existing trustee. 2: In particular and without prejudice to the generality of the foregoing provision, the court may make an order appointing a new trustee in substitution for a trustee who— a: has been held by the court to have misconducted himself in the administration of the trust; or b: is convicted section 2 c: is a mentally disordered person the Mental Health (Compulsory Assessment and Treatment) Act 1992 property order Protection of Personal and Property Rights Act 1988 d: is a bankrupt; or e: is a corporation which has ceased to carry on business, or is in liquidation, or has been dissolved. 3: An order under this section, and any consequential vesting order or conveyance, shall not operate further or otherwise as a discharge to any former or continuing trustee than an appointment of new trustees under any power for that purpose contained in any instrument would have operated. 4: Nothing in this section shall give power to appoint an executor or administrator. 5: Every trustee appointed by the court shall, as well before as after the trust property becomes by law, or by assurance, or otherwise, vested in him, have the same powers, authorities, and discretions, and may in all respects act as if he had been originally appointed a trustee by the instrument, if any, creating the trust. 1908 No 200 ss 41, 42 Trustee Act 1925 ss 41, 43 (UK) Section 51(2)(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 51(2)(b) amended 1 January 1962 section 412(2) Crimes Act 1961 Section 51(2)(c) amended 1 November 1992 section 137(1) Mental Health (Compulsory Assessment and Treatment) Act 1992 Section 51(2)(c) amended 1 October 1988 section 113 Protection of Personal and Property Rights Act 1988 Section 51(2)(c) amended 1 October 1988 section 117(3) Protection of Personal and Property Rights Act 1988 Section 51(2)(c) amended 1 April 1970 Mental Health Act 1969 Vesting orders 52: Vesting orders of land 1: Subject to the provisions of subsections (2) and (3), in any of the following cases, namely— a: where the court appoints or has appointed a trustee of any land or interest therein, or where a trustee of any land or interest therein has been appointed out of court under any statutory or express power: b: where a trustee entitled to or possessed of any land or interest therein, whether by way of mortgage or otherwise, or entitled to a contingent right therein, either solely or jointly with any other person— i: is under disability; or ii: is out of the jurisdiction of the court; or iii: cannot be found; or iv: being a corporation, has ceased to carry on business or is in liquidation or has been dissolved: c: where it is uncertain who was the survivor of 2 or more trustees jointly entitled to or possessed of any interest in land: d: where it is uncertain whether the last trustee known to have been entitled to or possessed of any interest in land is alive or dead: e: where there is no personal representative of a deceased trustee who was entitled to or possessed of any interest in land, or where it is uncertain who is the personal representative of a deceased trustee who was entitled to or possessed of any interest in land: f: where a deceased person was entitled to or possessed of any interest in land and his personal representative is under disability: g: where a trustee jointly or solely entitled to or possessed of any interest in land, or entitled to a contingent right therein, has been required, by or on behalf of a person entitled to require a conveyance of the land or interest or a release of the right, to convey the land or interest or to release the right, and has wilfully refused or neglected to convey the land or interest or release the right for 28 days after the date of the requirement: h: where land or any interest therein is vested in a trustee whether by way of mortgage or otherwise, and it appears to the court to be expedient— the court may make an order (in this Act called a vesting order 2: Where any such order is consequential on the appointment of a trustee, the land or interest therein shall be vested for such estate as the court may direct in the persons who on the appointment are the trustees. 3: Where any such order relates to a trustee entitled or formerly entitled jointly with another person, and that trustee is under disability or out of the jurisdiction of the court or cannot be found, or (being a corporation) has ceased to carry on business or is in liquidation or has been dissolved, the land, interest, or right shall be vested in the other person who remains entitled, either alone or with any other person that the court may appoint. 1908 No 200 ss 3, 4, 8, 9, 11, 12, 13, 15, 16, 17, 19 Trustee Act 1925 s 44 (UK) 53: Orders as to contingent rights of unborn persons Where any interest in land is subject to a contingent right in an unborn person or class of unborn persons, who, on coming into existence would, in respect thereof, become entitled to or possessed of that interest on any trust, the court may make an order releasing the land or interest therein from the contingent right, or may make an order vesting in any person the estate or interest to or of which the unborn person or class of unborn persons would, on coming into existence, be entitled or possessed in the land. 1908 No 200 s 18 Trustee Act 1925 s 45 (UK) 54: Vesting order in place of conveyance by infant mortgagee Where any person entitled to or possessed of any interest in land, or entitled to a contingent right in land, by way of security for money, is an infant, the court may make an order vesting or releasing or disposing of the interest in the land or the right in like manner as in the case of a trustee under disability. 1908 No 200 ss 8, 9 Trustee Act 1925 s 46 (UK) 55: Vesting order consequential on order for sale or mortgage of land Where the court gives a judgment or makes an order directing the sale or mortgage of any land, every person who is entitled to or possessed of any interest in the land, or entitled to a contingent right therein, and is a party to the action or proceeding in which the judgment or order is given or made or is otherwise bound by the judgment or order, shall be deemed to be so entitled or possessed, as the case may be, as a trustee for the purposes of this Act, and the court may, if it thinks expedient, make an order vesting the land or any part thereof for such estate or interest as the court thinks fit in the purchaser or mortgagee or in any other person. 1908 No 200 ss 37, 38 Trustee Act 1925 s 47 (UK) 56: Vesting order consequential on judgment for specific performance Where a judgment is given for the specific performance of a contract concerning any interest in land, or for sale or exchange of any interest in land, or generally where any judgment is given for the conveyance of any interest in land, either in cases arising out of the doctrine of election or otherwise, the court may declare— a: that any of the parties to the action are trustees of any interest in the land or any part thereof within the meaning of this Act; or b: that the interests of unborn persons who might claim under any party to the action, or under the will or voluntary settlement of any deceased person who was during his lifetime a party to the contract or transaction concerning which the judgment is given, are the interests of persons who, on coming into existence, would be trustees within the meaning of this Act— and thereupon the court may make a vesting order relating to the rights of those persons, born and unborn, as if they had been trustees. 1908 No 200 s 39 Trustee Act 1925 s 48 (UK) 57: Effect of vesting order 1: A vesting order under any of the foregoing provisions shall, in the case of a vesting order consequential on the appointment of a trustee, have the same effect— a: as if the persons who before the appointment were the trustees, if any, had duly executed all proper conveyances of the land for such estate or interest as the court directs; or b: if there is no such person or no such person of full age and full mental capacity, as if such person had existed and been of full age and full mental capacity and had duly executed all proper conveyances of the land for such estate or interest as the court directs; and shall in every other case have the same effect as if the trustee or other person or description or class of persons to whose rights or supposed rights the said provisions respectively relate had been an ascertained and existing person of full age and full mental capacity and had executed a conveyance or release to the effect intended by the order. 2: This section shall, as regards land under the Land Transfer Act 2017 section 89 1908 No 200 ss 22, 43 Trustee Act 1925 s 49 (UK) Section 57(2) amended 12 November 2018 section 250 Land Transfer Act 2017 58: Power to appoint person to convey In all cases where a vesting order can be made under any of the foregoing provisions, the court may, if it is more convenient, appoint a person to convey the land or any interest therein or release the contingent right, and a conveyance, or release by that person in conformity with the order shall have the same effect as an order under the appropriate provision. 1908 No 200 s 23 Trustee Act 1925 s 50 (UK) 59: Vesting orders as to stock and things in action 1: Subject to the provisions of subsections (2), (3), and (4), in any of the following cases, namely— a: where the court appoints or has appointed a trustee, or where a trustee has been appointed out of court under any statutory or express power: b: where a trustee entitled, whether by way of mortgage or otherwise, alone or jointly with another person to stock or to a thing in action— i: is under disability; or ii: is out of the jurisdiction of the court; or iii: cannot be found; or iv: being a corporation, has ceased to carry on business or is in liquidation or has been dissolved; or v: neglects or refuses to transfer stock or receive the dividends or income thereof, or to sue for or recover a thing in action, according to the direction of the person absolutely entitled thereto for 28 days next after a request in writing has been made to him by the person so entitled; or vi: neglects or refuses to transfer stock or receive the dividends or income thereof, or to sue for or recover a thing in action for 28 days next after an order of the court for that purpose has been served on him: c: where it is uncertain who was the survivor of 2 or more trustees entitled to stock or to a thing in action: d: where it is uncertain whether a trustee entitled alone or jointly with another person to stock or to a thing in action is alive or dead: e: where there is no personal representative of a deceased person entitled to stock or to a thing in action or where it is uncertain who is the personal representative of a deceased person who is entitled to stock or to a thing in action: f: where stock is standing in the name of a deceased person whose personal representative is under disability: g: where stock or a thing in action is vested in a trustee whether by way of mortgage or otherwise and it appears to the court to be expedient— the court may make an order vesting the right to transfer or call for a transfer of stock, or to receive the dividends or income thereof, or to sue for or recover the thing in action in any person as the court may appoint. 2: Where any such order is consequential on the appointment of a trustee, the right shall be vested in the persons who, on the appointment, are the trustees. 3: Where the person whose right is dealt with by any such order was entitled jointly with another person, the right shall be vested in that last-mentioned person either alone or jointly with any other person whom the court may appoint. 4: No such order shall be made vesting shares that are not fully paid up in any person unless he applies for the order or consents to the making of the order. 5: In all cases where a vesting order can be made under this section, the court may, if it is more convenient, appoint some proper person to make or join in making the transfer; and without restricting the powers of the court under this subsection it is hereby declared that the person appointed to make or join in making a transfer of stock may be some proper officer of the bank or company or society or association in whose books the stock is to be transferred. 6: The person in whom the right to transfer or call for the transfer of any stock is vested by an order of the court under this Act may transfer the stock to himself or any other person, according to the order, and all banks, societies, associations, companies, and persons shall obey every order under this section according to its tenor. 7: After notice in writing of an order made under this section it shall not be lawful for any bank, society, association, company, or person to transfer any stock to which the order relates or to pay any dividends thereon except in accordance with the order. 8: The court may make declarations and give directions concerning the manner in which the right to transfer any stock or thing in action vested under the provisions of this Act is to be exercised. 1908 No 200 ss 5, 6, 7, 10, 24, 26, 27, 28, 29, 30, 31, 32, 33, 34, 40, 44 Trustee Act 1925 s 51 (UK) 60: Vesting orders in respect of shares in ships and industrial property The provisions of this Act as to vesting orders shall apply to shares in ships registered in New Zealand under the Shipping and Seamen Act 1952, and to patents, designs, trade marks, and copyright, as if they were stock. 61: Vesting orders of charity property The powers conferred by this Act as to vesting orders may be exercised for vesting any interest in any land, stock, or thing in action in any trustee of a charity or society over which the court would have jurisdiction upon action duly instituted, whether the appointment of the trustee was made by instrument under a power or by the court under its general or statutory jurisdiction. 1908 No 200 s 55 Trustee Act 1925 s 52 (UK) 62: Orders made upon certain allegations to be conclusive evidence Where a vesting order is made as to any land under this Act or under any other Act founded on an allegation of any of the following matters namely— a: the personal incapacity of a trustee or mortgagee; or b: that a trustee or mortgagee or the personal representative of or other person deriving title under a trustee or mortgagee is out of the jurisdiction of the court or cannot be found, or (being a corporation) has ceased to carry on business or is in liquidation or has been dissolved; or c: that it is uncertain which of 2 or more trustees, or which of 2 or more persons interested in a mortgage, was the survivor; or d: that it is uncertain whether the last trustee or the personal representative of or other person deriving title under a trustee or mortgagee, or the last surviving person interested in a mortgage is living or dead; or e: that any trustee or mortgagee has died intestate without leaving a person beneficially interested under the intestacy or has died and it is not known who is his personal representative or the person interested— the fact that the order has been so made shall be conclusive evidence of the matter so alleged in any court upon any question as to the validity of the order; but this section shall not prevent the court from directing a reconveyance or surrender or the payment of costs occasioned by any such order if improperly obtained. 1908 No 200 s 54 Trustee Act 1925 s 55 (UK) 63: Orders liable to stamp duty Section 63 repealed 1 January 1972 section 101(1) Stamp and Cheque Duties Act 1971 Jurisdiction to make other orders 64: Power of court to authorise dealings with trust property 1: Subject to any contrary intention expressed in the instrument (if any) creating the trust, where in the opinion of the court any sale, lease, mortgage, surrender, release, or other disposition, or any purchase, investment, acquisition, retention, expenditure, or other transaction is expedient in the management or administration of any property vested in a trustee, or would be in the best interests of the persons beneficially interested under the trust, but it is inexpedient or difficult or impracticable to effect the same without the assistance of the court, or the same cannot be effected by reason of the absence of any power for that purpose vested in the trustee by the trust instrument (if any) or by law, the court may by order confer upon the trustee, either generally or in any particular instance, the necessary power for the purpose, on such terms, and subject to such provisions and conditions (if any) as the court may think fit, and may direct in what manner any money authorised to be expended, and the costs of any transaction, are to be paid or borne, and as to the incidence thereof between capital and income: provided that, notwithstanding anything to the contrary in the instrument (if any) creating the trust, the court, in proceedings in which all trustees and persons who are or may be interested are parties or are represented or consent to the order, may make such an order and may give such directions as it thinks fit to the trustee in respect of the exercise of any power conferred by the order. 2: 3: The court may from time to time rescind or vary any order made under this section, or may make any new or further order: provided that no such rescission or variation of any order shall affect any act or thing done in reliance on the order before the person doing the act or thing became aware of the application to the court to rescind or vary the order. 4: An application to the court under this section may be made by the trustees, or by any of them, or by any person beneficially interested under the trust. 1936 No 58 s 81 Trustee Act 1925 s 57 (UK) Section 64 heading amended 25 October 1960 Trustee Amendment Act 1960 Section 64(1) replaced 25 October 1960 Trustee Amendment Act 1960 Section 64(2) repealed 25 October 1960 Trustee Amendment Act 1960 64A: Power of court to authorise variations of trust 1: Without limiting any other powers of the court, it is hereby declared that where any property is held on trusts arising under any will, settlement, or other disposition, or on the intestacy or partial intestacy of any person, or under any order of the court, the court may if it thinks fit by order approve on behalf of— a: any person having, directly or indirectly, an interest, whether vested or contingent, under the trusts who by reason of infancy or other incapacity is incapable of assenting; or b: any person (whether ascertained or not) who may become entitled, directly or indirectly, to an interest under the trusts as being at a future date or on the happening of a future event a person of any specified description or a member of any specified class of persons, so however that this paragraph shall not include any person who would be of that description, or a member of that class, as the case may be, if the said date had fallen or the said event had happened at the date of the application to the court; or c: any unborn or unknown person; or d: any person in respect of any discretionary interest of his under protective trusts where the interest of the principal beneficiary has not failed or determined— any arrangement (by whomsoever proposed, and whether or not there is any other person beneficially interested who is capable of assenting thereto) varying or revoking all or any of the trusts, or enlarging the powers of the trustees of managing or administering any of the property subject to the trusts: provided that, except by virtue of paragraph (d), the court shall not approve an arrangement on behalf of any person if the arrangement is to his detriment; and in determining whether any such arrangement is to the detriment of any person the court may have regard to all benefits which may accrue to him directly or indirectly in consequence of the arrangement, including the welfare and honour of the family to which he belongs: provided also that this subsection shall not apply to any trust affecting property settled by any Act other than the Administration Act 1969 2: Any rearrangement approved by the court under subsection (1) shall be binding on all persons on whose behalf it is so approved, and thereafter the trusts as so rearranged shall take effect accordingly. 3: In this section— discretionary interest paragraph (b) of subsection (1) of section 42 principal beneficiary protective trusts Section 64A inserted 25 October 1960 Trustee Amendment Act 1960 Section 64A(1) second proviso amended 1 January 1971 section 84(1) Administration Act 1969 64B: Powers of court in respect of capital dividends 1: In this section— capital dividend capital profit capital reserve 2: Where any sum is paid to the trustee by a company by way of a capital dividend, the court may if it thinks fit, by order, empower or direct the trustee to treat the whole or any part of that sum as capital for the purposes of the trust. 3: In considering any application for an order under this section, the court shall not be limited to a determination of the intentions of the testator or settlor in regard to the matter, but may be guided by what is fair and just as between those persons who are entitled to the income and those who are entitled to the capital of the trust, having particular regard to the present and likely future needs of those persons, the history of the administration of the trust to date, and all such other circumstances of the case as the court considers relevant. 4: No action shall lie against the trustee for having distributed as income the whole or any part of the amount received by the trustee by way of capital dividend if the distribution was properly made by the trustee before service on the trustee of any application under this section that could affect that amount and without notice in writing of any such application or intention to make such an application; but nothing in this subsection shall prevent the court from making an order pursuant to subsection (6) disturbing the distribution made by the trustee. 5: For the purposes of subsection (4), section 48 6: Where the court makes an order under subsection (2) after the trustee has distributed as income the whole or any part of the amount received by the trustee by way of capital dividend, the court may also make any order of a kind authorised by subsection (1) of section 49 sections 50 51 Section 64B inserted 6 November 1986 Trustee Amendment Act 1986 65: Power of court to direct sale or lease Section 65 repealed 25 October 1960 Trustee Amendment Act 1960 66: Right of trustee to apply to court for directions 1: Any trustee may apply to the court for directions concerning any property subject to a trust, or respecting the management or administration of any such property, or respecting the exercise of any power or discretion vested in the trustee. 2: Every such application shall be served upon, and the hearing may be attended by, all persons interested in the application or such of them as the court thinks expedient. 1908 No 200 s 75 67: Persons entitled to apply to court 1: An order under this Act for the appointment of a new trustee or concerning any property subject to a trust may be made on the application of any person beneficially interested in the property, whether under disability or not, or on the application of any person duly appointed trustee thereof or intended to be so appointed. 2: An order under this Act concerning any interest in any property subject to a mortgage may be made on the application of any person beneficially interested in the property, whether under disability or not, or of any person interested in the money secured by the mortgage. 1908 No 200 ss 46, 47 Trustee Act 1925 s 58 (UK) 68: Applications to court to review acts and decisions of trustee 1: Any person who is beneficially interested in any trust property, and who is aggrieved by any act or omission or decision of a trustee in the exercise of any power conferred by this Act, or who has reasonable grounds to anticipate any such act or omission or decision of a trustee by which he will be aggrieved, may apply to the court to review the act or omission or decision or to give directions in respect of the anticipated act or omission or decision; and the court may require the trustee to appear before it, and to substantiate and uphold the grounds of the act or omission or decision that is being reviewed, and may make such order in the premises as the circumstances of the case may require: provided that no such order shall— a: disturb any distribution of the trust property made without breach of trust before the trustee became aware of the making of the application to the court: b: affect any right acquired by any person in good faith and for valuable consideration. 2: Where any such application is made, the court may,— a: if any question of fact is involved, direct how the question shall be determined: b: if the court is being asked to make an order that may prejudicially affect the rights of any person who is not a party to the proceedings, direct that any such person shall be made a party to the proceedings. 69: Protection of trustee while acting under direction of court Any trustee acting under any direction of the court shall be deemed, so far as regards his own responsibility, to have discharged his duty as such trustee in the subject matter of the direction, notwithstanding that the order giving the direction is subsequently provided that this subsection shall not extend to indemnify any trustee in respect of any act done in accordance with any such direction if he has been guilty of any fraud or wilful concealment or misrepresentation in obtaining the direction or in acquiescing in the court making the order giving the direction. Section 69 amended 15 November 1968 Trustee Amendment 1968 70: Powers of court to give judgment in absence of a trustee Where in any proceedings the court is satisfied that diligent search has been made for any person who, in the character of trustee, is made a defendant in any action, to serve him with a process of the court, and that he cannot be found, the court may hear and determine the proceedings and give judgment therein against that person in his character of a trustee as if he had been duly served, or had entered an appearance in the action, and had also appeared by his counsel and solicitor at the hearing, but without prejudice to any interest he may have in the matters in question in the proceedings in any other character. 1908 No 200 s 58 Trustee Act 1925 s 59 (UK) 71: Power of court to charge costs on trust estate The court may order the costs and expenses of and incidental to any application for any order under this Act, or of and incidental to any such order, or any conveyance or assignment in pursuance thereof, to be raised and paid out of the property in respect whereof the same is made, or out of the income thereof, or to be borne and paid in such manner and by such persons as to the court may seem just. 1908 No 200 s 61 Trustee Act 1925 s 60 (UK) 72: Commission 1: The court may, out of the property subject to any trust, allow to any person who is or has been a trustee thereof or to that person's personal representative such commission or percentage for that person's services as is just and reasonable. 1A: In considering under subsection (1) what commission or percentage is just and reasonable the court shall have regard to the following circumstances, namely: a: the total amount that has already been paid to any trustee of the trust, whether pursuant to the trust instrument or to any earlier order of the court or to any agreement or otherwise; b: the amount and difficulty of the services rendered by the trustee; c: the liabilities to which the trustee is or has been exposed, and the responsibilities imposed on him; d: the skill and success of the trustee in administering the trust; e: the value of the trust property; f: the time and services reasonably required of the trustee; g: whether any commission or percentage that might otherwise have been allowed should be refused or reduced by reason of delays in the administration of the trust that were occasioned, or that could reasonably have been prevented, by the trustee; and h: all other circumstances that the court considers relevant. 2: The court may make any such allowance at any time, and from time to time, before or during the administration of the trust, or on the termination of the trust, and may, subject to such terms and conditions as the court thinks fit, make any such allowance in respect of services to be rendered by the trustee during any specified period subsequent to the date of the order. 3: Where the court allows a commission or percentage under this section in any case in which 2 or more persons are or have been the trustees, whether acting at the same time or at different times, the amount so allowed shall be apportioned among the trustees as they mutually agree; and if there is no such agreement 4: Rules may from time to time be made in the manner prescribed by the Senior Courts Act 2016 Section 72 replaced 25 October 1960 Trustee Amendment Act 1960 Section 72(1) proviso repealed 6 April 1974 Trustee Amendment Act 1974 Section 72(1A) inserted 6 April 1974 Trustee Amendment Act 1974 Section 72(2) replaced 6 April 1974 Trustee Amendment Act 1974 Section 72(3) amended 6 April 1974 Trustee Amendment Act 1974 Section 72(4) amended 1 March 2017 section 183(b) Senior Courts Act 2016 73: Power to relieve trustee from personal liability If it appears to the court that a trustee, whether appointed by the court or otherwise, is or may be personally liable for any breach of trust, whether the transaction alleged to be a breach of trust occurred before or after the commencement of this Act, but has acted honestly and reasonably, and ought fairly to be excused for the breach of trust and for omitting to obtain the directions of the court in the matter in which he committed the breach, then the court may relieve him either wholly or partly from personal liability for the same. 1908 No 200 s 89 Trustee Act 1925 s 61 (UK) 74: Power to make beneficiary indemnify for breach of trust 1: Where a trustee commits a breach of trust at the instigation or request or with the consent in writing of a beneficiary, the court may, if it thinks fit, and notwithstanding that the beneficiary may be a married woman restrained from anticipation, make such order as to the court seems just for impounding all or any part of the interest of the beneficiary in the trust estate by way of indemnity to the trustee or persons claiming through him. 2: This section applies to breaches of trust committed as well before as after the commencement of this Act. 1908 No 200 s 88 Trustee Act 1925 s 62 (UK) 75: Barring of claims 1: Where a trustee desires to reject a claim that has been made, or that he has reason to believe may be made,— a: to or against the estate or property that he is administering; or b: against the trustee personally by reason of his being under any liability in respect of which he is entitled to reimburse himself out of the estate or property that he is administering— the trustee may serve upon the claimant or the person who may become a claimant as aforesaid a notice calling upon him, within a period of 3 months from the date of service of the notice, to take legal proceedings to enforce the claim and also to prosecute the proceedings with all due diligence. 2: At the expiration of that period the trustee may apply to the court for an order under subsection (3), and shall serve a copy of the application on the person concerned. 3: If on the hearing of that application that person does not satisfy the court that he has commenced the proceedings and is prosecuting them with all due diligence, the court may make an order— a: extending the period, or barring the claim, or enabling the trust property to be dealt with without regard to the claim; and b: imposing such conditions and giving such directions, including a direction as to the payment of the costs of or incidental to the application, as to the court seems just. 3A: Where a trustee has served any such notices in respect of claims on 2 or more persons and the period specified in each of the said notices has expired, he may, if he thinks fit, apply for an order in respect of the claims of those persons in a single application, and the court may on that application make an order accordingly. 4: This section shall apply to every such claim as aforesaid, whether the claim is or may be made under the Law Reform (Testamentary Promises) Act 1949 provided that nothing in this section shall apply to any claim under the Family Protection Act 1955 5: 6: On an application by a trustee under this section, the persons beneficially entitled to the estate or property need not be made parties to the proceedings, and no order made by the court on the application shall prejudice their right to contest the claim of the trustee to be entitled to indemnify himself out of the estate or property that he is administering if they have not been parties to the proceedings in which the order was made. 1952 No 56 s 25(3), (4) Section 75(1) replaced 25 October 1960 Trustee Amendment Act 1960 Section 75(3A) inserted 25 October 1960 Trustee Amendment Act 1960 Section 75(5) repealed 25 October 1960 Trustee Amendment Act 1960 76: Distribution of shares of missing beneficiaries 1: Where any property is held by a trustee and the property or any part thereof cannot be distributed because the trustee does not know whether any person who is or may be entitled thereto is or at any material date was in existence, or whether all or any of the persons who are members of any class who are or may be entitled thereto are or at any material date were in existence, or because the trustee does not know whether any such person is alive or dead or where he is, the trustee may publish such advertisements (whether in New Zealand or elsewhere) as are appropriate in the circumstances calling upon every such person and every person claiming through any such person to send in his claim within a time to be specified in the advertisements, not being less than 2 months in any case from the date on which the advertisement is published. Where the trustee is in doubt as to what advertisements should be published under this subsection, he may apply to the court for directions in that regard. 2: Where the trustee has received (whether as a result of the advertisements or not) any claim to be a person to whom any such advertisement relates, or any notice that any person may claim to be such a person, but the trustee is not satisfied that the claim is or would be valid, the trustee may serve upon the claimant or the person of whom the trustee has notice as aforesaid, a notice calling upon him, within a period of 3 months from the date of service of the notice, to take legal proceedings to enforce the claim, if he wishes to pursue it, and to prosecute the proceedings with all due diligence; and advising him that, if he fails to do so, his claim may be disregarded and application may be made to the court without further notice for an order authorising the distribution of the property. Nothing in this subsection shall make it necessary for the trustee to serve such a notice on any such person; and the court may make an order under this section, whether or not such a notice has been served on any such person, if it is satisfied that the information supplied to the trustee by that person or otherwise in the possession of the trustee indicates either that the person is not one of the persons specified in the advertisements or that he is not likely to be one of those persons. 3: Upon proof by affidavit of the circumstances, and of the inquiries that have been made, and of the results of inquiries and advertisements, and of the claims of which the trustee has received notice, and of the notices that the trustee has given to claimants under subsection (2), and of the action (if any) which the claimants have taken to enforce their claims, the court may order that the trustee may distribute the property or part thereof, subject to such conditions as the court may impose,— a: as if every person and every member of any class of persons specified in the order (being all or any of the persons specified in the advertisements) is not in existence or never existed or has died before a date or event specified in the order; and b: where as a consequence of the order it is not possible or practicable to determine whether or not any condition or requirement affecting a beneficial interest in the property or any part thereof has been complied with or fulfilled, as if that condition or requirement had or had not been complied with or fulfilled (as the court may determine). 4: In making any order under subsection (3), the court may— a: disregard (without express reference thereto in the order) the claims of any persons who do not appear to the court to be, or to be likely to be, any of the persons specified in the advertisements: b: disregard (without express reference thereto in the order) the claim of any person to whom the trustee has given notice under subsection (2) and who has failed to take legal proceedings to enforce the claim or to prosecute any such proceedings with all due diligence: c: exclude from the operation of the order any person to whom the trustee has not given notice under subsection (2) and who in the opinion of the court may be one of the persons specified in the advertisements, or any person whom the court considers should for any reason be excluded from the operation of the order: d: provide that the order shall not be acted on for such period or except on such conditions as may be specified in the order or that the effect of the order shall during a period so specified be advertised in such manner and form as may be specified in the order, or that the order be served upon such person or persons as are specified therein; and in the event of the court exercising the jurisdiction conferred by this paragraph it may in the order direct that the same shall be of no effect in respect of any person specified therein in the event of that person instituting proceedings in New Zealand to enforce his claim and serving the proceedings upon the trustee within such period as is specified in the order. 5: Any such order may be made notwithstanding that there has not been strict compliance with any directions as to advertisements previously given by the court, or that an error has been made in any advertisement (whether or not any directions have previously been given by the court) if the court considers that the error would not be likely to have prejudiced or misled the persons to whom the advertisement relates. 6: Where the court makes an order under this section that the trustee may distribute any property or part thereof as if every person and every member of any class of persons specified in the order (not being a person expressly excluded from the operation of the order) is not in existence or never existed or has died before a date or event specified in the order, and the trustee distributes in accordance with the order, the trustee shall be exonerated from any further liability to any such person or to any member of any such class: provided that nothing in this subsection shall prejudice any remedy which any person may have against any person other than the trustee, including any right which he may have to follow the property and any money or property into which it is converted. 7: The court may make 1 or more orders under this section in respect of the same property. 8: Any order made under this section may direct how the costs of the order and of advertising under or for the purposes of the order shall be borne. 9: It shall not be necessary to serve notice of an application for an order under this section upon any person, unless the court otherwise orders. 10: Nothing in this section shall prejudice the right of the trustee (if he so desires) to distribute under any other law or statutory provision or prejudice the protection thereby afforded when he makes distribution pursuant to any such law or provision. Section 76 replaced 25 October 1960 Trustee Amendment Act 1960 76A: Service of notices, etc, under sections 75 and 76 1: Any notice, application, or order that is to be served in accordance with section 75 section 76 a: either by delivering it to the person for whom it is intended or by sending it by post in a registered letter addressed to that person at his usual or last known place of abode or business; or b: in such other manner as may be directed by an order of the court. 2: Where a notice is sent by post as aforesaid it shall be deemed to be served at the time at which the letter would have been delivered in the ordinary course of post. Section 76A inserted 25 October 1960 Trustee Amendment Act 1960 Payment to Crown 77: Payment by trustees to Crown 1: Trustees, or the majority of trustees, having in their hands or under their control money or securities belonging to a trust, may, on filing in the court nearest to which they or the majority of them reside an affidavit describing the instrument creating the trust and giving particulars of the persons beneficially entitled under the trust according to the best of their knowledge and belief, and on serving a copy of the affidavit on the Secretary to the Treasury, pay the money or transfer the securities (if they can legally be so transferred) to the Crown in the matter of the particular trust, which shall be described in the affidavit by the names of the parties as accurately as may be for the purpose of distinguishing it. All money and securities so paid or transferred shall be administered in the Treasury. All such money and all money derived from securities which have been transferred to or vested in the Crown under this section shall be credited by the Secretary to the Treasury to the Trust Account section 42 of the Public Finance Act 1977 2: The receipt of the Secretary to the Treasury shall be a sufficient discharge to the trustees for the money or securities paid or transferred to the Crown under this section. 3: Where money or securities are vested in any persons as trustees, and the majority are desirous of paying or transferring the same to the Crown as aforesaid, but the concurrence of the other or others cannot be obtained, the court may order the payment or transfer to the Crown to be made by the majority without the concurrence of the other or others. 4: Where any such money or securities are deposited with any banker, broker, or other depositary, the court may order payment or delivery of the money or securities to the majority of the trustees for the purpose of payment or transfer to the Crown. 5: Every transfer, payment, and delivery made in pursuance of any such order shall be valid and take effect as if the same had been made on the authority or by the act of all the persons entitled to the money and securities so transferred, paid, or delivered. 6: The Secretary to the Treasury may at any time sell any securities held by the Crown under this section. 7: Where any securities have been transferred to or deposited with any Registrar under section 67 of the Trustee Act 1908 or under the corresponding provisions of any former enactment and are held by him at the commencement of this Act, those securities shall thereupon vest without transfer or assignment in the Crown. 8: Where any trustee has obtained or is seeking a discharge in respect of any money or securities under this section or has obtained such a discharge under the corresponding provisions of any former section, the Secretary to the Treasury may at any time require that trustee to give such information in his possession or control as he may require in relation to the persons beneficially entitled to the money or securities, including information as to the steps taken to trace those persons; and if any person refuses or wilfully neglects to give any such information that is in his possession or control when so required, or wilfully gives any false information in answer to any such requisition, he or she commits an offence and is liable on $200 1908 No 200 ss 66, 67, 68, 71 Trustee Act 1925 s 63 (UK) Section 77(1) amended 1 April 1978 Public Finance Act 1977 Section 77(1) amended 1 April 1964 Public Revenues Amendment Act 1963 Section 77(8) amended 1 July 2013 section 413 Criminal Procedure Act 2011 78: Disposal of funds paid to Crown 1: At the end of each financial year the Secretary to the Treasury shall publish in the Gazette section 77 a: money which has not previously been credited to a Crown Bank Account b: securities which were transferred to the Crown within the immediately preceding 6 years or which were transferred or deposited into or in the name of any Registrar under section 67 of the Trustee Act 1908 within the immediately preceding 6 years. 2: Every statement so published in the Gazette 3: All money and securities for the time being held by the Crown under section 77 a Crown Bank Account provided that any such money or securities may be paid or transferred by the Secretary to the Treasury to the person entitled thereto upon his establishing a claim thereto or may be paid or transferred to the person from whom they were received to be held by him as trustee if that person so requests: provided also that all costs and expenses reasonably incurred by the Crown or the Secretary to the Treasury in connection with any such money or securities may be deducted out of the money or securities or out of any other money and securities which are for the time being held by the Crown and are subject to the same trusts. 4: The Secretary to the Treasury shall from time to time transfer to a Crown Bank Account section 77 a: paid to the Crown more than 6 years previously; or b: derived from securities which were transferred to the Crown, or transferred or deposited in the name of any Registrar, more than 6 years previously. 5: Any money previously transferred to a Crown Bank Account a Crown Bank Account 6: Under no circumstances shall the liability of the Crown or the Secretary to the Treasury in respect of any securities which are transferred to or vested in the Crown under section 77 7: Neither the Crown nor the Secretary to the Treasury shall have the duties or liabilities of a trustee in respect of any money or securities for the time being held by the Crown under section 77 a Crown Bank Account 8: Where any money or securities paid or transferred to any claimant under this section are afterwards claimed by any other person, the Crown and the Secretary to the Treasury shall not be responsible for the payment or transfer thereof, but that person shall have recourse against the claimant to whom the money was paid or the securities were transferred. 1908 No 200 ss 72, 73 Section 78(1)(a) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 78(3) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 78(4) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 78(5) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 78(7) amended 25 January 2005 section 83(7) Public Finance Act 1989 79: Orders in respect of funds paid to Crown 1: Upon application made ex parte section 77 a Crown Bank Account provided that the court may direct service of the application on such persons as it thinks fit. 2: Every such order shall have the same authority and effect and shall be subject to rehearing and appeal in the same manner as if it had been made in any action regularly instituted in the court; and if it appears that any such money or securities cannot be safely distributed without the institution of 1 or more actions, the court may direct any such action to be instituted. 1908 No 200 ss 69, 70 Section 79 amended 25 January 2005 section 83(7) Public Finance Act 1989 6: General provisions 80: Indemnity to banks and others This Act, and every order purporting to be made under this Act, shall be a complete indemnity to all banks, companies, societies, associations, and persons for any acts done pursuant thereto, and it shall not be necessary for any bank, company, society, association, or person to inquire concerning the propriety of the order, or whether the court had jurisdiction to make it. 1908 No 200 s 34 Trustee Act 1925 s 66 (UK) 81: Operation on bank account of trustees 1: Where there are more trustees than 1, and the trustees, by writing under their hands communicated to a bank at which their account is kept, arrange that the account may be operated upon by cheques or drafts signed by 1 or more of them, or by 1 of them and a delegate or delegates named in the writing of another or others of them, the bank shall be entitled to honour and pay the cheques or drafts as if they had been signed by all the trustees, until the bank receives notice in writing of the revocation, by death or otherwise, of the arrangement. 2: Nothing in this section or in any rule of law shall prevent trustees from opening a bank account named as an imprest account and from authorising any 1 or more of their number or any other person or persons to operate upon the imprest account. 1908 No 200 s 101 82: Inclusion of non-charitable and invalid purposes not to invalidate a trust Section 82 repealed 2 October 1963 Charitable Trusts Amendment Act 1963 83: Special rules as to apportionment on purchase, sale, or transfer in certain cases 1: For the purposes of this section— a: the term fixed-income asset i: the interest or dividend is payable at a fixed rate; and ii: the trustee has no reason to believe that the interest or dividend payable in respect of the period to which the apportionment relates will not be paid reasonably promptly after the interest or dividend falls due: b: the term shares c: an appropriation of shares (whether pursuant to the power conferred by paragraph (j) of subsection (1) of section 15 2: Where any payment received by a trustee in respect of a sale of any fixed-income asset is or includes payment for the right to receive income accrued from that asset at the time of sale, though the income may not then be due, the amount of the accrued income shall, for the purposes of the trust, be deemed to have been received as income in respect of the period during which it so accrued. 3: Where any payment made by a trustee in respect of a purchase of any fixed-income asset is or includes payment for the right to receive any income accrued from that asset at the time of the purchase, though the income may not then be due, the amount of the accrued income when received shall, for the purposes of the trust, be deemed to have been received as purchase money repaid. 4: Where a trustee transfers any shares (not being a fixed-income asset) to the person entitled thereto under the trust, then, unless the trustee in his absolute discretion having regard to all the circumstances of the case thinks that it is equitable, practicable, and convenient to make an apportionment, there shall be no apportionment of any dividends which have accrued at the date of transfer but have not then been declared, and no person who would have been beneficially interested in any such dividends if they had been declared and paid to the trustee shall have any claim in respect thereof against the trustee or against the transferee of the shares. 5: Where a trustee sells any shares that are not a fixed-income asset, no part of the proceeds of the sale shall, for the purposes of the trust, be deemed to have been paid for the right to receive dividends which have accrued in respect of the shares at the time of the sale, but have not then been declared, and there shall accordingly be no apportionment of the proceeds as between capital and income. 6: Where a trustee purchases any shares that are not a fixed-income asset, no part of the purchase price shall, for the purposes of the trust, be deemed to be paid for the right to receive any dividends which have accrued in respect of the shares at the time of the purchase but have not then been declared, and there shall accordingly be no apportionment of the purchase price as between capital and income, nor shall any part of the dividends received by the trustee be deemed to have been received as purchase money repaid. 7: Except as herein expressly provided, nothing in this section shall affect the rights and obligations of the trustee or of any other person in respect of apportionment of income on the sale or purchase of any asset or the transfer thereof to any person beneficially entitled thereto. 8: Anything done by a trustee before the commencement of this section which would have been authorised by this section if then in force shall be deemed to have been authorised by this section. 9: The provisions of this section shall apply if and so far only as a contrary intention is not expressed in the instrument, if any, creating the trust, and shall have effect subject to the terms of that instrument. Section 83 replaced 18 October 1957 Trustee Amendment Act 1957 Section 83(1)(a) replaced 1 October 1988 Trustee Amendment Act 1988 Section 83(1)(b) amended 1 October 1988 Trustee Amendment Act 1988 83A: Examination of accounts of trust estates administered by trustee corporations In the case of any trust estate administered by a trustee corporation, a solicitor or accountant authorised in writing by a beneficiary shall be entitled as of right to examine at any reasonable time the accounts of that estate, and for that purpose shall have access to the trustee corporation's books and vouchers (but not the file) relating to that estate, and to the securities and documents of title held by the trustee corporation on account of that estate. Section 83A inserted 18 October 1957 Trustee Amendment Act 1957 83B: Audit of other trust estates 1: Subject to the provisions of any regulations made under this Act, and unless the court otherwise orders, the condition and accounts of any trust estate (being an estate which is not being administered by a trustee corporation) shall, on an application being made and notice thereof being given in the prescribed manner by or on behalf of any trustee or beneficiary in that estate, be investigated and audited by such solicitor or such qualified statutory accountant Public Trust Public Trust qualified statutory accountant Public Trust provided that— a: except with the leave of the court, such an investigation or audit shall not be required within 12 months after any such previous investigation or audit; and b: a beneficiary shall not be appointed under this section to make an investigation or audit; and c: Public Trust Public Trust Public Trust's 1A: In subsection (1), qualified statutory accountant section 5(1) 2: The person making the investigation or audit (in this section called the auditor 3: Upon the completion of the investigation and audit, the auditor shall forward to the applicant, and to every trustee, and to Public Trust 4: Every beneficiary shall, subject to the provisions of any regulations made under this section, be entitled at all reasonable times to inspect and take copies of the accounts, report, and certificate, and, at his own expense, to be furnished with copies thereof or extracts therefrom. 5: The auditor may be removed by order of the court; and if any auditor is removed, or resigns, or dies, or becomes bankrupt or incapable of acting before the investigation and audit are completed, a new auditor may be appointed in his place in like manner as the original auditor was appointed. 6: The remuneration of the auditor and the other expenses of the investigation and audit (including Public Trust's 7: If any person having the custody of any books, accounts, vouchers, securities, or documents to which the auditor has a right of access under this section fails or refuses to allow him to have access thereto, or in anywise obstructs the investigation or audit, the auditor may apply to the court, and thereupon the court shall make such order as it thinks just. 8: Subject to any rules of court, applications under or for the purposes of this section to the court shall be made to a Judge in Chambers. 9: If any person in any statement of accounts, report, or certificate required for the purposes of this section wilfully makes a statement that is false in any material particular, he or she is liable on conviction to imprisonment for a term not exceeding 2 years or a fine not exceeding $200, or both. 10: Public Trust 11: All expenses and costs for which the estate is liable under this section shall be a charge on the assets of the estate, and that charge may be enforced in such manner as the court directs. 12: The Governor-General may from time to time, by Order in Council, make all such regulations as may in his opinion be necessary or expedient for specifying the procedure and regulating the remuneration, expenses, charges, and other matters in regard to the investigation and audit of trust estates. 13: All regulations made under this section shall be laid before Parliament within 28 days after the date of the making thereof if Parliament is then in session and, if not, shall be laid before Parliament within 28 days after the date of the commencement of the next ensuing session. 1913 No 19 s 11 Section 83B inserted 18 October 1957 Trustee Amendment Act 1957 Section 83B(1) amended 1 July 2015 section 17 Financial Reporting Amendment Act 2014 Section 83B(1) amended 7 July 2010 section 10 New Zealand Institute of Chartered Accountants Amendment Act 2010 Section 83B(1) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 83B(1) proviso paragraph (c) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 83B(1A) inserted 1 July 2015 section 17 Financial Reporting Amendment Act 2014 Section 83B(3) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 83B(6) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 83B(9) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 83B(10) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 83B(12) amended 1 March 2002 section 170(1) Public Trust Act 2001 84: Costs and testamentary expenses to be payable out of capital of settled residuary estate of deceased 1: Where, under the provisions of the will of a person dying after the commencement of this Act (in this section referred to as the deceased provided that this subsection shall not apply to any commission which is payable to the trustee in respect of any such income or to any testamentary or administration expense which, apart from this subsection, would be payable wholly out of income. 2: The income of the settled property shall be applicable in priority to any other assets in payment of the interest (if any) accruing due on the funeral, testamentary, and administration expenses, 3: Where, after the death of the deceased, income of assets comprised in the settled property which are ultimately applied in or towards payment of the funeral, testamentary, and administration expenses, death duties, debts, legacies, and liabilities arises pending that application, that income shall, for the purposes of this section, be deemed income of the residuary estate of the deceased. 4: This section shall only affect the rights of beneficiaries under the will as between themselves, and shall not affect the rights of creditors of the deceased or limit any other powers of the trustee. 5: The provisions of this section shall apply if and so far only as a contrary intention is not expressed in the will, and shall have effect subject to the terms of the will and of any Act as to charges on property of the deceased. 6: Nothing in this section shall apply to any annuity which is payable out of the estate of the deceased. 1930 No 44 s 43 (NSW) Section 84(2) amended 24 May 1999 Estate Duty Repeal Act 1999 Section 84(6) inserted 25 October 1960 Trustee Amendment Act 1960 85: Application of income of settled property pending conversion 1: Subject to the provisions of this section, where under the will of any person any real or personal property included (either by specific or general description) in a residuary gift is settled by way of succession, then, notwithstanding that the property may be of a wasting, speculative, or reversionary nature,— a: pending any sale, calling in, or conversion of the settled property, the whole of the net income of property actually producing income shall be applied as income and no part thereof shall be appropriated to capital; and b: on any such sale, calling in, or conversion, or on the falling in of any reversionary property, no part of the proceeds of the sale, calling in, conversion, or falling in, shall be applied as past income. 2: This section shall apply only in respect of the wills of— a: persons who die after the date of the commencement of this Act: b: other persons so far as their estates were administered by the Public Trustee at the date of the commencement of this Act and were subject to corresponding provisions immediately prior thereto. 3: The provisions of this section shall apply if and so far only as a contrary intention is not expressed in the will of the deceased, and shall have effect subject to the terms of that will. 1921–22 No 48 s 20(3) 86: Fees and commission deemed a testamentary expense The fees, commission, remuneration, and other charges payable to a trustee in respect of the administration of the estate of a deceased person shall be deemed to be testamentary expenses. 1921–22 No 48 s 74 87: Costs of inquiring regarding beneficiaries The costs, expenses, and charges of the trustee of any property in respect of any inquiries made by him to ascertain the existence and identity of any person or persons entitled to any legacy, money, or distributive share in the property or otherwise incurred in relation thereto shall be borne by and paid out of the legacy, money, or distributive share of the person or persons in respect of whom the inquiries were made. 1921–22 No 48 s 94 88: Life tenant to have powers of a trustee in certain cases In any case where there is no trustee of any land, but the land is for the time being lawfully vested in any person entitled to the possession thereof or to the receipt of the rents and profits therefrom for an estate for life, or for a term of years determinable with his life, or for any greater estate, that person may exercise all the powers conferred on a trustee by this Act, and the court may confer on that person all the powers which it could confer on a trustee under this Act; and anything done by any such person in exercise of any such power shall have the same force and effect as if it had been done by a trustee: provided that nothing in this section shall authorise any such person to sell any such land, or to raise any capital money by a mortgage thereof or other dealing therewith, unless the money paid on the sale or the capital money so raised is paid to a trustee who is duly appointed and entitled to receive it. 89: Repeals, amendments, and savings 1: The enactments specified in Schedule 2 2: The enactments specified in Schedule 3 3: Regulation 30 of the regulations under the Public Trust Office Act 1908 Gazette 4: Without limiting the provisions of the Interpretation Act 1999 Section 89(4) amended 1 November 1999 section 38 Interpretation Act 1999

DLM294754

1956

Maori Purposes Act 1956

1: Short Title This Act may be cited as the Maori Purposes Act 1956. 2: Provisions of Maori Affairs Act 1953 to apply to this Act Words and expressions used in this Act shall, unless the contrary intention appears, have the same meaning as in the Maori Affairs Act 1953 (hereinafter referred to as the principal Act 1: Amendment of laws 3: Sale of timber, etc, to constitute alienation for purposes of Part 23 of principal Act Section 3 repealed 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993 4: Repealing provision that European land owned by Maoris may be declared Maori land Section 4 repealed 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993 5: Annual accounts of Maori Purposes Fund Amendment(s) incorporated in the Act(s) 6: Enactments repealed 1: The enactments specified in the Schedule 2: Without limiting the provisions of the Acts Interpretation Act 1924, it is hereby declared that the repeal of any provision by this Act shall not affect any document made or any thing whatsoever done or suffered or any estate, right, title, interest, or benefit created, conferred, or acquired, or any obligation undertaken or imposed under any such enactment. 2: Miscellaneous powers Waiariki District 7: Term of leases granted by The Proprietors of Mangakino Township Incorporated Notwithstanding anything in subsection (1) of section 235 or in section 286 of the principal Act, no lease granted by the body corporate of owners constituted under Part 22 of the principal Act and known as The Proprietors of Mangakino Township Incorporated of the land vested in it shall be subject to the limitation imposed by the said section 235. Ikaroa District 8: Disposal of balance of sum reserved for costs in Aorangi Claim 1: The Maori Trustee is hereby authorised and directed, after making payments in accordance with determinations made by the court pursuant to subsection (2) of section 24 2: Amendment(s) incorporated in the Act(s)

DLM446000

1956

Government Superannuation Fund Act 1956

1: Short Title and commencement 1: This Act may be cited as the Government Superannuation Fund Act 1956 2: This Act shall come into force on 1 April 1957. Section 1(1) amended 1 November 1976 section 3(3) Government Superannuation Fund Amendment Act 1976 1: Preliminary 2: Interpretation 1: In this Act, unless the context otherwise requires,— actuary a: a person who is a Fellow of the New Zealand Society of Actuaries Incorporated; or b: a person whom the Authority considers to have an equivalent professional qualification administration manager section 19 Appeals Board beneficiary benefit child section 5 Authority Commonwealth Consumers Price Index contributor contributory service a: means any period in respect of which he or she has been, or is deemed by virtue of any enactment to have been, a contributor to the Fund, or to any Superannuation Fund abolished by the Superannuation Act 1947 b: does not include, for the purposes of calculating any allowance, annuity, refund, or other benefit, any period in respect of which any other allowance, annuity, refund, or other benefit has already been paid or is already being paid from the Fund, or any such abolished Fund, unless— i: that other allowance, annuity, refund, or other benefit has been repaid to the Fund, or any such abolished Fund; or ii: this Act otherwise provides or the Authority controlling authority a: a contributor employed in the public service b: a contributor employed in the education service, means the employer as defined in section 5 c: ca: a contributor employed by the New Zealand Qualifications Authority continued by section 430 cb: cc: a contributor employed by the Tertiary Education Commission continued by section 401 d: e: a contributor employed in a State enterprise, means the chief executive of that enterprise: ea: a contributor employed in a subsidiary of a State enterprise, means the chief executive of that subsidiary: eb: a contributor employed in a Crown Research Institute, means the chief executive of that Crown Research Institute: ec: a contributor employed in a Crown entity f: a contributor employed in any other part of the State services, means the employing authority concerned: g: any other contributor, means, subject to any other Act, the person out of whose money payments are required to be made in accordance with section 95(2) Crown entity subsidiary section 7 custodian section 19A(1) department education service section 10(7) endowed college or school financial year Fund Government service , or service as a member of the House of Representatives within the meaning of Part 6 , the health service, and the Niue Public Service; and, subject to section 2C(3) section 3 and also includes the Western Samoan Public Service in respect of service before the termination on 1 January 1962 of the Trusteeship Agreement for the Territory of Western Samoa; and also includes the service in any capacity of the Government of Western Samoa or of the Western Samoa Trust Estates Corporation in those cases where under section 4 the Government Superannuation Fund Amendment Act 1961 State Advances Corporation Act 1936 or a regular serviceman Part 3 Government Superannuation Fund Authority Authority section 15A Government Superannuation Fund Authority board board as referred to in section 15A(4) invest a: enhancing or protecting the value of the Fund: b: managing, or enabling the management of, the Fund investment manager section 19 liabilities medical practitioner section 114(1)(a) member of the prisons service prisoners Minister partner spouse or partner property a: choses in action and money: b: goodwill: c: rights, interests, and claims of every kind in or to property, whether arising from, accruing under, created or evidenced by, or the subject of, an instrument or otherwise, and whether liquidated or unliquidated, actual, contingent, or prospective rights salary a: means the salary and wages paid regularly in return for services: b: does not include bonus payments, payments for overtime, allowances paid for special work performed, the reimbursement of expenses, lump sum payments in lieu of notice, retiring gratuities, redundancy payments, and contributions paid for or in respect of employer contributions: c: may include a period of paid leave, but only if it is paid before the contributor ceases Government service scheme service organisation spouse Authority subsidiary sections 5 to 8 Superintendent section 2C Government Superannuation Fund Amendment Act 2001 2: Subject to the consent of the Authority Government service a: any training as the holder of a scholarship or bursary approved for the purposes of this paragraph by a controlling authority: b: any training as a student at a library school: c: any service or training performed or undergone by a contributor before or after he became a contributor: d: any service in any of Her Majesty's forces: provided that this subsection shall not apply with respect to any contributor who retired before 5 December 1951. 2A: For the purposes of this Act, a student who is admitted to a teachers college in any division, except the Special Division, shall be deemed to become permanently employed in and appointed to the Government service on the date on which he is so admitted. 3: For the purposes of sections 52A 52B section 17 of the Government Superannuation Fund Amendment Act 1959 4: Any reference in this Act to a person again becoming a contributor to the Fund shall be read and construed as a reference to a person resuming contributions to the Fund. 1947 No 57 s 2 1948 No 79 ss 2, 3(1) 1950 No 94 s 2 1951 No 65 ss 2, 6 1953 No 61 s 2 1955 No 107 s 3 Section 2(1) actuary inserted 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 2(1) administration manager inserted 1 October 1995 section 2(6) Government Superannuation Fund Amendment Act 1995 Section 2(1) Appeals Board inserted 2 October 2001 section 4(3)(b) Government Superannuation Fund Amendment Act 2001 Section 2(1) appointed member repealed 1 October 1995 section 2(1) Government Superannuation Fund Amendment Act 1995 Section 2(1) beneficiary inserted 1 October 1995 section 2(6) Government Superannuation Fund Amendment Act 1995 Section 2(1) benefit inserted 1 October 1995 section 2(6) Government Superannuation Fund Amendment Act 1995 Section 2(1) Board repealed 2 October 2001 section 4(3) Government Superannuation Fund Amendment Act 2001 Section 2(1) child inserted 29 March 1985 section 2(1) Government Superannuation Fund Amendment Act 1985 Section 2(1) child amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 2(1) Consumers Price Index inserted 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 2(1) contributory service replaced 1 April 1988 section 5 Government Superannuation Fund Amendment Act 1988 Section 2(1) contributory service amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 2(1) controlling authority replaced 1 April 1988 section 87 State Sector Act 1988 Section 2(1) controlling authority amended 7 August 2020 section 135 Public Service Act 2020 Section 2(1) controlling authority replaced 2 October 2000 section 240 Employment Relations Act 2000 Section 2(1) controlling authority amended 7 August 2020 section 135 Public Service Act 2020 Section 2(1) controlling authority repealed 19 December 1989 section 31(1) State Sector Amendment Act (No 2) 1989 Section 2(1) controlling authority inserted 23 July 1990 section 50(1) Education Amendment Act 1990 Section 2(1) controlling authority amended 1 August 2020 section 668 Education and Training Act 2020 Section 2(1) controlling authority repealed 1 July 2017 section 161(2) Education (Update) Amendment Act 2017 Section 2(1) controlling authority inserted 1 January 2003 section 59 Education (Tertiary Reform) Amendment Act 2002 Section 2(1) controlling authority amended 1 August 2020 section 668 Education and Training Act 2020 Section 2(1) controlling authority repealed 9 June 1995 section 2(3) Government Superannuation Fund Amendment Act 1995 Section 2(1) controlling authority inserted 1 August 1990 section 2 Government Superannuation Fund Amendment Act (No 2) 1990 Section 2(1) controlling authority inserted 1 July 1992 section 46(1) Crown Research Institutes Act 1992 Section 2(1) controlling authority inserted 1 July 1992 section 46(1) Crown Research Institutes Act 1992 Section 2(1) controlling authority amended 25 January 2005 section 200 Crown Entities Act 2004 Section 2(1) controlling authority inserted 9 June 1995 section 2(4) Government Superannuation Fund Amendment Act 1995 Section 2(1) Crown entity subsidiary inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 2(1) custodian replaced 2 October 2001 section 4(1) Government Superannuation Fund Amendment Act 2001 Section 2(1) education service replaced 2 October 2000 section 240 Employment Relations Act 2000 Section 2(1) education service amended 1 August 2020 section 668 Education and Training Act 2020 Section 2(1) financial year replaced 1 July 1992 section 2(2) Government Superannuation Fund Amendment Act (No 2) 1992 Section 2(1) Government service amended 1 July 2001 section 5(1) Tokelau Amendment Act 1999 Section 2(1) Government service amended 29 March 1985 section 2(2) Government Superannuation Fund Amendment Act 1985 Section 2(1) Government service amended 1 April 1984 Health Service Personnel Act 1983 Section 2(1) Government service amended 1 November 1976 section 2(3) Government Superannuation Fund Amendment Act 1976 Section 2(1) Government service amended 1 November 1976 section 3(3) Government Superannuation Fund Amendment Act 1976 Section 2(1) Government service amended 1 January 1967 section 733(4)(a) Niue Act 1966 Section 2(1) Government service amended 1 January 1962 section 3 Government Superannuation Fund Amendment Act 1961 Section 2(1) Government Superannuation Fund Authority Authority inserted 2 October 2001 section 4(1) Government Superannuation Fund Amendment Act 2001 Section 2(1) Government Superannuation Fund Authority board board inserted 2 October 2001 section 4(1) Government Superannuation Fund Amendment Act 2001 Section 2(1) Government Superannuation Fund Authority board board amended 25 January 2005 section 200 Crown Entities Act 2004 Section 2(1) health service repealed 9 June 1995 section 2(5) Government Superannuation Fund Amendment Act 1995 Section 2(1) invest inserted 2 October 2001 section 4(1) Government Superannuation Fund Amendment Act 2001 Section 2(1) investment manager inserted 1 October 1995 section 2(6) Government Superannuation Fund Amendment Act 1995 Section 2(1) liabilities inserted 2 October 2001 section 4(1) Government Superannuation Fund Amendment Act 2001 Section 2(1) medical practitioner inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) member of the prisons service replaced 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 2(1) member of the prisons service amended 1 June 2005 section 206 Corrections Act 2004 Section 2(1) Minister inserted 1 October 1995 section 2(6) Government Superannuation Fund Amendment Act 1995 Section 2(1) partner inserted 26 April 2005 section 3 Government Superannuation Fund Amendment Act 2005 Section 2(1) property inserted 2 October 2001 section 4(1) Government Superannuation Fund Amendment Act 2001 Section 2(1) rights inserted 2 October 2001 section 4(1) Government Superannuation Fund Amendment Act 2001 Section 2(1) salary replaced 2 October 2001 section 4(2) Government Superannuation Fund Amendment Act 2001 Section 2(1) scheme inserted 1 October 1995 section 2(6) Government Superannuation Fund Amendment Act 1995 Section 2(1) spouse inserted 1 November 1976 section 2(1) Government Superannuation Fund Amendment Act 1976 Section 2(1) spouse amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 2(1) spouse repealed 29 March 1985 section 22(1) Government Superannuation Fund Amendment Act 1985 Section 2(1) State enterprise repealed 1 April 1988 section 6(3) Government Superannuation Fund Amendment Act 1988 Section 2(1) subsidiary inserted 2 October 2001 section 4(1) Government Superannuation Fund Amendment Act 2001 Section 2(1) Superintendent replaced 2 October 2001 section 4(1) Government Superannuation Fund Amendment Act 2001 Section 2(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 2(2A) inserted 29 March 1985 section 2(4) Government Superannuation Fund Amendment Act 1985 Section 2(3) inserted 14 December 1962 section 2(2) Government Superannuation Fund Amendment Act 1962 Section 2(3) amended 1 November 1976 section 3(3) Government Superannuation Fund Amendment Act 1976 Section 2(4) inserted 9 June 1995 section 2(8) Government Superannuation Fund Amendment Act 1995 2A: Application to certain employees of State enterprises 1: This section applies to every person— a: who— i: became at any time before 1 January 1988 an employee of a State enterprise that was named in Schedule 2 ii: becomes an employee of any other State enterprise, or of any subsidiary of any such State enterprise, at any time within 9 months of the date of establishment of that State enterprise; and b: who was, immediately before becoming so employed, a contributor under this Act. 2: For the purposes of this section,— a: date of establishment Gazette b: State enterprise Schedule 2 c: subsidiary section 5 3: For the purposes of this Act,— a: every person to whom this section applies shall be deemed to be employed in the Government service so long as that person continues to be employed by any State enterprise or any subsidiary of a State enterprise; and b: this Act shall apply to that person in all respects as if service with any State enterprise or subsidiary of a State enterprise were Government service. 4: Except as provided in sections 61R 61S Section 2A replaced 1 August 1990 section 3 Government Superannuation Fund Amendment Act (No 2) 1990 Section 2A(2)(c) replaced 5 December 2013 section 14 Companies Amendment Act 2013 2B: Application to certain employees of Crown Research Institutes 1: This section applies to every person— a: who becomes an employee of a Crown Research Institute, or of any Crown entity b: who was, immediately before becoming so employed, a contributor under this Act. 2: For the purposes of this section,— a: date of establishment Gazette b: Crown Research Institute Crown Research Institutes Act 1992 c: 3: For the purposes of this Act,— a: every person to whom this section applies shall be deemed to be employed in the Government service so long as that person continues to be employed by any Crown Research Institute or any Crown entity b: this Act shall apply to that person in all respects as if service with any Crown Research Institute or Crown entity 4: Except as provided in sections 61R 61S Crown entity Section 2B inserted 1 July 1992 section 46(1) Crown Research Institutes Act 1992 Section 2B(1)(a) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 2B(2)(c) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 2B(3)(a) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 2B(3)(b) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 2B(4) amended 25 January 2005 section 200 Crown Entities Act 2004 2C: Superannuation rights of certain former employees of Tokelau Public Service 1: The Governor-General may from time to time, by Order in Council,— a: recognise as a public sector employer for the purposes of this Act any body, institution, or office, in Tokelau: b: recognise as public sector employers for the purposes of this Act bodies, institutions, or offices, in Tokelau of any kind or description: c: revoke any order under paragraph (a) or paragraph (b). 2: Recognition takes effect on a day (before or after the commencement of that order) specified in the order concerned, and ceases on the revocation of that order. 3: This Act has effect as if employment of either of the following descriptions is Government service while employed by the Tokelau Public Service Employing Authority: a: employment by a body or institution, or the holder of an office, for the time being recognised under subsection (1): b: employment by a body or institution of a kind or description, or the holder of an office of a kind or description, for the time being recognised under subsection (1). 4: In subsection (3), the Tokelau Public Service Employing Authority a: means the body or institution, or the holder of the office, recognised under section 2(1) b: includes the successor for the time being of that body or institution, or the holder of that office, as employer for the Tokelau Public Service. 5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2C inserted 1 July 2001 section 4 Tokelau Amendment Act 1999 Section 2C(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Government Superannuation Appeals Board Heading replaced 1 October 1995 section 3(1) Government Superannuation Fund Amendment Act 1995 3: Government Superannuation Appeals Board 1: For the purposes of this Act, there shall be a Board, to be called the Government Superannuation Appeals Board. 2: The Appeals Board section 5 Section 3 replaced 1 October 1995 section 3(1) Government Superannuation Fund Amendment Act 1995 Section 3(2) amended 2 October 2001 section 4(3)(a) Government Superannuation Fund Amendment Act 2001 3A: Membership Section 3A repealed 1 October 1995 section 3(1) Government Superannuation Fund Amendment Act 1995 3B: Nomination of appointed members Section 3B repealed 1 October 1995 section 3(1) Government Superannuation Fund Amendment Act 1995 3C: Term of office of appointed members Section 3C repealed 1 October 1995 section 3(1) Government Superannuation Fund Amendment Act 1995 4: Function of Appeals Board The function of the Appeals Board Authority section 19E sections 7 to 12C Section 4 replaced 1 October 1995 section 3(1) Government Superannuation Fund Amendment Act 1995 Section 4 heading amended 2 October 2001 section 4(3)(a) Government Superannuation Fund Amendment Act 2001 Section 4 amended 2 October 2001 section 4(3)(a) Government Superannuation Fund Amendment Act 2001 Section 4 amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 5: Appointment of members of Appeals Board 1: The members of the Appeals Board Gazette 2: One member (or, if the Minister in his or her discretion so determines, 2 members) of the Appeals Board 3: One member of the Appeals Board 4: In making appointments, the Minister shall ensure that the members of the Appeals Board Appeals Board 5: One of the members of the Appeals Board Gazette Section 5 replaced 1 October 1995 section 3(1) Government Superannuation Fund Amendment Act 1995 Section 5 heading amended 2 October 2001 section 4(3)(a) Government Superannuation Fund Amendment Act 2001 Section 5(1) amended 2 October 2001 section 4(3)(a) Government Superannuation Fund Amendment Act 2001 Section 5(2) amended 2 October 2001 section 4(3)(a) Government Superannuation Fund Amendment Act 2001 Section 5(3) amended 2 October 2001 section 4(3)(a) Government Superannuation Fund Amendment Act 2001 Section 5(4) amended 2 October 2001 section 4(3)(a) Government Superannuation Fund Amendment Act 2001 Section 5(5) amended 2 October 2001 section 4(3)(a) Government Superannuation Fund Amendment Act 2001 6: Term of office 1: Subject to subsections (2) and (3), each member of the Appeals Board a: shall be appointed for a term not exceeding 3 years; and b: may from time to time be reappointed. 2: The Minister may at any time remove a member of the Appeals Board 3: A member of the Appeals Board Section 6 replaced 1 October 1995 section 3(1) Government Superannuation Fund Amendment Act 1995 Section 6(1) amended 2 October 2001 section 4(3)(a) Government Superannuation Fund Amendment Act 2001 Section 6(2) amended 2 October 2001 section 4(3)(a) Government Superannuation Fund Amendment Act 2001 Section 6(3) amended 2 October 2001 section 4(3)(a) Government Superannuation Fund Amendment Act 2001 7: Appeals to Appeals Board Any person who— a: is or may be affected by a decision made by, or under the authority of, the Authority section 19E b: disagrees with or is dissatisfied with that decision— may appeal to the Appeals Board Section 7 replaced 1 October 1995 section 3(1) Government Superannuation Fund Amendment Act 1995 Section 7 heading amended 2 October 2001 section 4(3)(a) Government Superannuation Fund Amendment Act 2001 Section 7 amended 2 October 2001 section 4(3)(a) Government Superannuation Fund Amendment Act 2001 Section 7(a) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 8: Way in which appeals to be made 1: Every appeal to the Appeals Board Authority a: within 28 days of the person receiving written notice of the decision concerned (which notice shall give information as to the person's right to appeal); or b: within such further time as the Appeals Board 2: Every appeal shall be accompanied by such fee (if any) as may be prescribed by regulations. 3: If an appeal is substantially allowed, the fee shall be refunded in full. 4: A notice of appeal may include any submissions relevant to the decision appealed against that the person wishes to make. 5: As soon as practicable after receiving a notice of appeal under this section, the Authority a: deliver to the Appeals Board Authority b: advise the appellant in writing of his or her rights under sections 9 10 Section 8 replaced 1 October 1995 section 3(1) Government Superannuation Fund Amendment Act 1995 Section 8(1) amended 2 October 2001 section 4(3)(a) Government Superannuation Fund Amendment Act 2001 Section 8(1) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 8(1)(b) amended 2 October 2001 section 4(3)(a) Government Superannuation Fund Amendment Act 2001 Section 8(5) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 8(5)(a) amended 2 October 2001 section 4(3)(a) Government Superannuation Fund Amendment Act 2001 Section 8(5)(a) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 9: Right of appellant to receive evidence 1: The Appeals Board a: send to the appellant, not less than 14 days before determining the appeal,— i: a copy of the report by the Authority ii: a copy of any other written evidence that has been received by the Appeals Board b: send to the appellant, as soon as practicable after it is received, a copy of any other written evidence that is received by the Appeals Board 2: Section 17 Section 9 replaced 1 October 1995 section 3(1) Government Superannuation Fund Amendment Act 1995 Section 9(1) amended 2 October 2001 section 4(3)(a) Government Superannuation Fund Amendment Act 2001 Section 9(1)(a)(i) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 9(1)(a)(ii) amended 2 October 2001 section 4(3)(a) Government Superannuation Fund Amendment Act 2001 Section 9(1)(b) amended 2 October 2001 section 4(3)(a) Government Superannuation Fund Amendment Act 2001 10: Right of appellant to be heard The Appeals Board Section 10 replaced 1 October 1995 section 3(1) Government Superannuation Fund Amendment Act 1995 Section 10 amended 2 October 2001 section 4(3)(a) Government Superannuation Fund Amendment Act 2001 11: Determination of appeals 1: Every appeal to the Appeals Board a: shall be determined as soon as practicable; and b: shall be determined by the Appeals Board Authority 2: The Appeals Board Section 11 replaced 1 October 1995 section 3(1) Government Superannuation Fund Amendment Act 1995 Section 11(1) amended 2 October 2001 section 4(3)(a) Government Superannuation Fund Amendment Act 2001 Section 11(1)(b) amended 2 October 2001 section 4(3)(a) Government Superannuation Fund Amendment Act 2001 Section 11(1)(b) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 11(2) amended 2 October 2001 section 4(3)(a) Government Superannuation Fund Amendment Act 2001 12: Matters to be taken into account on appeal 1: The Appeals Board must— a: act in accordance with the statement of policies, unless the Appeals Board considers that it is inappropriate to do so in the particular circumstances of a case; and b: take into account the interests of any person who has an interest in the matter that is the subject of the appeal (including, without limitation, the interests of the Crown and of any contributor, beneficiary, or controlling authority affected by the matter), to the extent that those interests are known to the Appeals Board. 2: In this section, statement of policies section 19F Government Superannuation Fund Amendment Act 2001 Section 12 replaced 2 October 2001 section 6 Government Superannuation Fund Amendment Act 2001 12A: Appeals Board 1: The Appeals Board Authority 2: Upon the written request of the appellant, the Appeals Board 3: No such request may be made more than 28 days after the notice in writing of the decision is given to the appellant. Section 12A inserted 1 October 1995 section 3(1) Government Superannuation Fund Amendment Act 1995 Section 12A heading amended 2 October 2001 section 4(3)(a) Government Superannuation Fund Amendment Act 2001 Section 12A(1) amended 2 October 2001 section 4(3)(a) Government Superannuation Fund Amendment Act 2001 Section 12A(1) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 12A(2) amended 2 October 2001 section 4(3)(a) Government Superannuation Fund Amendment Act 2001 12B: Decision on appeal to be final Every determination of the Appeals Board section 12C Authority Section 12B inserted 1 October 1995 section 3(1) Government Superannuation Fund Amendment Act 1995 Section 12B amended 2 October 2001 section 4(3)(a) Government Superannuation Fund Amendment Act 2001 Section 12B amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 12C: Stating case for High Court 1: The Appeals Board Authority Appeals Board 2: For that purpose, the Appeals Board 3: The Appeals Board Authority Appeals Board's 4: Every case stated for the opinion of the High Court under this section shall be heard and determined in accordance with rules of court. 1974 No 133 s 41 Section 12C inserted 1 October 1995 section 3(1) Government Superannuation Fund Amendment Act 1995 Section 12C(1) amended 2 October 2001 section 4(3)(a) Government Superannuation Fund Amendment Act 2001 Section 12C(1) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 12C(2) amended 2 October 2001 section 4(3)(a) Government Superannuation Fund Amendment Act 2001 Section 12C(3) amended 2 October 2001 section 4(3)(a) Government Superannuation Fund Amendment Act 2001 Section 12C(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 12D: Further provisions relating to Appeals Board The provisions set out in Schedule 3 Appeals Board Section 12D inserted 1 October 1995 section 3(1) Government Superannuation Fund Amendment Act 1995 Section 12D heading amended 2 October 2001 section 4(3)(a) Government Superannuation Fund Amendment Act 2001 Section 12D amended 2 October 2001 section 4(3)(a) Government Superannuation Fund Amendment Act 2001 Government Superannuation Fund 13: Government Superannuation Fund 1: There is hereby established a Fund to be called the Government Superannuation Fund. 2: The Fund is hereby declared to be the same Fund as the Government Superannuation Fund established under the Superannuation Act 1947. 1947 No 57 s 10 13A: Property of Fund The Fund consists of— a: the property and liabilities vested in the Authority by section 21A of the Government Superannuation Fund Amendment Act 2001 b: money payable into the Fund under section 14 Section 13A inserted 25 January 2005 section 200 Crown Entities Act 2004 14: Money payable into Fund The following must from time to time be paid into the Fund: a: the contributions from contributors as provided in this Act: b: the amounts payable into the Fund under section 95 c: money accruing from the investment of the Fund: d: any other money that may be lawfully payable into the Fund. 1956 No 47 s 14 Section 14 replaced 2 October 2001 section 7(1) Government Superannuation Fund Amendment Act 2001 15: Money payable out of Fund The following must from time to time be paid out of the Fund: a: the benefits arising under this Act: b: any other money that may be lawfully payable out of the Fund. 1956 No 47 s 15 Section 15 replaced 2 October 2001 section 7(1) Government Superannuation Fund Amendment Act 2001 Government Superannuation Fund Authority Heading inserted 2 October 2001 section 7(1) Government Superannuation Fund Amendment Act 2001 15A: Establishment of Government Superannuation Fund Authority 1: This section establishes the Government Superannuation Fund Authority (the Authority 2: The Authority is a Crown entity for the purposes of section 7 3: The Crown Entities Act 2004 4: The Government Superannuation Fund Authority board must have no less than 4, but no more than 7, members. Section 15A inserted 2 October 2001 section 7(1) Government Superannuation Fund Amendment Act 2001 Section 15A(2) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 15A(3) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 15A(4) inserted 25 January 2005 section 200 Crown Entities Act 2004 15B: Investment 1: 2: 3: 4: There are no restrictions on the Authority's investment powers, other than as provided by sections 15J 15K 15O 5: The Authority may not subscribe for, acquire, or hold any shares or other securities issued by a company unless— a: the company is a Crown entity b: the shares or other securities are an investment of the Fund; or c: subsection (6) applies to the company. 6: The Authority may subscribe for, acquire, or hold any shares or other securities issued by a company if— a: the company provides (or is to provide or has provided) to the Authority any services of a kind referred to in section 19(1)(a) to (c) b: every shareholder of the company is a company or other body corporate; and c: the Crown controls the composition of a majority of the governing body of every shareholder. 7: This section is subject to section 15C 8: Subsection (5) applies despite sections 100 161 1993 No 105 s 16(1) Section 15B inserted 2 October 2001 section 7(1) Government Superannuation Fund Amendment Act 2001 Section 15B heading replaced 25 January 2005 section 200 Crown Entities Act 2004 Section 15B(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 15B(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 15B(3) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 15B(5)(a) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 15B(8) inserted 25 January 2005 section 200 Crown Entities Act 2004 15C: Borrowing 1: The Authority may not, except with the approval of the Minister of Finance,— a: borrow money (neither on behalf of the Authority nor in respect of the Fund); nor b: mortgage or charge any of the real or personal property of the Fund, whether present or future, as security; nor c: enter into an agreement constituting a derivative (within the meaning of section 8 2: The Minister's approval may be given for any class of transactions in subsection (1)(a) to (c). Section 15C inserted 2 October 2001 section 7(1) Government Superannuation Fund Amendment Act 2001 Section 15C(1)(c) replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 15D: Functions 1: The functions of the Authority are to manage and administer the Fund and the schemes in accordance with this Act. 2: The Authority is not a trustee, or a constructive trustee, in relation to the exercise of its functions or to any other matter (except as otherwise provided in section HR 4 3: The functions of the Authority include, if the Minister so directs in accordance with section 112 a: managed by the Crown or a Crown entity or an entity whose board is appointed by the Crown; and b: approved by the Minister for that purpose. 4: Those services may be provided on any terms and conditions that the Authority's board thinks fit, but must not place or have the potential to place a liability or a contingent liability on the Fund. Section 15D inserted 2 October 2001 section 7(1) Government Superannuation Fund Amendment Act 2001 Section 15D(2) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 15D(3) amended 25 January 2005 section 200 Crown Entities Act 2004 15E: Funding of administrative expenses of Authority 1: The expenses of the Authority relating to the management and administration of the Fund and the schemes— a: are to be paid out of the Fund; and b: are to be recovered under section 95 2: The portion of the expenses attributable to all persons who are currently contributing to the Fund is to be recovered, each financial year, out of the money from which the salaries of those contributors are paid. 3: The portion of the expenses attributable to all persons who are currently contributing to the Fund includes estimates of all future expenses attributable to those contributors once they cease to be contributors. 4: The portion of the expenses attributable to any other person is to be recovered, each financial year, from the Crown. 5: Section 95 6: The Authority may determine the basis on which expenses are apportioned under that section, but the determination has no effect unless the Authority, after receiving advice from an actuary, 7: In this section, expenses a: any fees payable under section 19 section 19A b: all remuneration and expenses of board members and employees of the Authority; and c: any other expenses incurred by or on behalf of the Authority. Section 15E inserted 2 October 2001 section 7(1) Government Superannuation Fund Amendment Act 2001 Section 15E(6) amended 1 May 2011 section 82 Financial Markets Authority Act 2011 15F: Auditor-General to be auditor of Authority Section 15F repealed 25 January 2005 section 200 Crown Entities Act 2004 Board of Authority Heading inserted 2 October 2001 section 7(1) Government Superannuation Fund Amendment Act 2001 15G: Role of board of Authority Section 15G repealed 25 January 2005 section 200 Crown Entities Act 2004 15H: Membership of board Section 15H repealed 25 January 2005 section 200 Crown Entities Act 2004 15I: Further provisions applying to board 1: Schedule 4 2: Section 15I inserted 2 October 2001 section 7(1) Government Superannuation Fund Amendment Act 2001 Section 15I(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 Investment of Fund Heading inserted 2 October 2001 section 7(1) Government Superannuation Fund Amendment Act 2001 15J: Investment of Fund 1: The Authority is responsible for investing the Fund. 2: The Authority must invest the Fund on a prudent, commercial basis and, in doing so, must manage and administer the Fund in a manner consistent with— a: best-practice portfolio management; and b: maximising return without undue risk to the Fund as a whole; and c: avoiding prejudice to New Zealand's reputation as a responsible member of the world community. Section 15J inserted 2 October 2001 section 7(1) Government Superannuation Fund Amendment Act 2001 15K: No controlling interests 1: The Authority must use its best endeavours to ensure that the Fund does not control any other entity or hold a percentage of the voting rights in any other entity that would require it to seek control of that entity. 2: If a contravention of subsection (1) arises (through inadvertence or otherwise), the Authority must take all reasonable steps to remedy the default as soon as practicable. 3: For the purposes of this Act, an entity is controlled by the Fund if— a: the entity is a subsidiary of the Fund; or b: the Fund controls the entity within the meaning of any relevant section 5 c: the Fund can control directly or indirectly the composition of the board of the entity within the meaning of sections 7 8 Companies Act 1993 4: This section limits section 15B(5)(b) section 15B(5)(a) or (c) 5: In this section, Fund Section 15K inserted 2 October 2001 section 7(1) Government Superannuation Fund Amendment Act 2001 Section 15K(3)(b) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 15K(3)(b) amended 1 July 2011 section 12 Financial Reporting Amendment Act 2011 15L: Establishment of investment policies, standards, and procedures 1: The Authority must establish, and adhere to, investment policies, standards, and procedures for the Fund that are consistent with its duty to invest the Fund on a prudent, commercial basis, in accordance with section 15J 2: The Authority must review those investment policies, standards, and procedures for the Fund at least annually. Section 15L inserted 2 October 2001 section 7(1) Government Superannuation Fund Amendment Act 2001 15M: Contents of statements of investment policies, standards, and procedures A statement of investment policies, standards, and procedures must cover (but is not limited to)— a: the classes of investments in which the Fund is to be invested and the selection criteria for investments within those classes; and b: the determination of benchmarks or standards against which the performance of the Fund as a whole, classes of investment, and individual investments will be assessed; and c: standards for reporting the investment performance of the Fund; and d: ethical investment, including policies, standards, or procedures for avoiding prejudice to New Zealand's reputation as a responsible member of the world community; and e: the balance between risk and return in the overall Fund portfolio; and f: the Fund management structure; and g: the use of options, futures, and other derivative financial instruments; and h: the management of credit, liquidity, operational, currency, market, and other financial risks; and i: the retention, exercise, or delegation of voting rights acquired through investments; and j: the method of, and basis for, valuation of investments that are not regularly traded at a public exchange; and k: prohibited or restricted investments or any investment constraints or limits. Section 15M inserted 2 October 2001 section 7(1) Government Superannuation Fund Amendment Act 2001 15N: Forecast financial statements The forecast financial statements of the Authority prepared each financial year under section 149G of the Crown Entities Act 2004 a: a statement of the board's expectations about the performance of the Fund over the next financial year, in sufficient detail to enable meaningful assessment against those expectations after the end of that financial year; and b: a statement of the key risks to the performance of the Fund over the coming year and the actions being taken by the board to manage those risks; and c: forecast financial statements of the Fund for the next financial year, including a statement of accounting policies. Section 15N inserted 2 October 2001 section 7(1) Government Superannuation Fund Amendment Act 2001 Section 15N heading replaced 1 July 2014 section 72 Crown Entities Amendment Act 2013 Section 15N amended 1 July 2014 section 72 Crown Entities Amendment Act 2013 Section 15N amended 25 January 2005 section 200 Crown Entities Act 2004 15O: Ministerial directions relating to investment of Fund 1: The Minister may, after consultation with the Authority, direct the Authority, in investing the Fund,— a: to meet the Government's expectations as to the Fund's performance, including the Government's expectations as to risk and return: b: not to invest in a specified investment or class of investments to which the Crown already has a direct or indirect exposure, for the purpose of limiting that exposure. 1A: Despite section 104 2: The Minister must not give a direction that is inconsistent with the Authority's duty to invest the Fund on a prudent, commercial basis, consistent with best-practice portfolio management. 3: The Authority must notify the Minister how it proposes to give effect to any direction. 4: 5: Nothing in this section limits section 147 Section 15O inserted 2 October 2001 section 7(1) Government Superannuation Fund Amendment Act 2001 Section 15O(1A) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 15O(4) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 15O(5) inserted 25 January 2005 section 200 Crown Entities Act 2004 Further provisions relating to Fund Heading inserted 2 October 2001 section 7(1) Government Superannuation Fund Amendment Act 2001 16: Reporting by Authority on Fund 1: The Authority must report to the Minister on the Fund at those intervals that the Minister may require. 2: The Authority's report must include any information that the Minister may require. Section 16 replaced 2 October 2001 section 7(1) Government Superannuation Fund Amendment Act 2001 16A: Interest on money held in error Section 16A repealed 1 October 1995 section 4 Government Superannuation Fund Amendment Act 1995 17: Property to be held for paying benefits 1: All property comprising the Fund must be held for the purpose of paying the benefits that are payable under this Act. 2: This section does not prevent the Authority from making a payment out of the Fund for the purpose of carrying out its functions. Section 17 replaced 2 October 2001 section 7(1) Government Superannuation Fund Amendment Act 2001 18: Interest on money held in error 1: This section applies if the Authority pays interest, out of the Fund, on any money held in error in the Fund. 2: The interest must be at a rate calculated using a method that has been determined by the Authority 3: The Authority may not make a determination under this section unless the Minister has approved the proposed method. 4: A determination under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 18 replaced 2 October 2001 section 7(1) Government Superannuation Fund Amendment Act 2001 Section 18(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 18(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 18(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Administration managers, investment managers, other service providers, and custodians Heading replaced 2 October 2001 section 7(1) Government Superannuation Fund Amendment Act 2001 19: Administration and investment management and other service providers 1: The Authority may appoint, on any terms and conditions that the Authority thinks fit, 1 or more persons (including any department) to undertake each of the following functions: a: the administration of the schemes: b: the investment of any part of the Fund: c: the provision of secretariat or other services to the Authority. 2: Different persons may be appointed in respect of different schemes or different parts of the Fund. 3: The Authority must specify, in each instrument of appointment, the powers and rights of the person appointed (including, without limitation, the extent of that person's power to delegate any of those powers and rights). 4: This section does not limit section 15B or sections 16 17 Section 19 replaced 2 October 2001 section 7(1) Government Superannuation Fund Amendment Act 2001 Section 19(4) amended 25 January 2005 section 200 Crown Entities Act 2004 19A: Custodianship of Fund 1: The Authority may appoint a person or persons (including any department) to act as custodian of the Fund, or any part of the Fund. 2: A custodian so appointed must hold the property of the Fund, or that part of the property of the Fund in respect of which they have been appointed, in their name or, if the Authority authorises it, in the name of 1 or more nominees. 3: An appointment may be on any terms and conditions that the Authority thinks fit. 4: The Authority must specify, in each instrument of appointment, the powers and rights of the person or persons appointed (including, without limitation, the extent of that person's powers to delegate any of those powers and rights). 5: This section does not limit section 15B or sections 16 17 Section 19A replaced 2 October 2001 section 7(1) Government Superannuation Fund Amendment Act 2001 Section 19A(5) amended 25 January 2005 section 200 Crown Entities Act 2004 Performance reviews Heading inserted 2 October 2001 section 7(1) Government Superannuation Fund Amendment Act 2001 19B: Performance reviews 1: From time to time, there must be conducted a review of how effectively and efficiently the Authority is performing its functions under section 15D 2: The first performance review must be conducted no later than 5 years after the operative date. 3: Subsequent performance reviews must be conducted at intervals that are no more than 5 years apart (to be set by the Minister). 4: The Minister must set the terms of reference for the review, which must include (without limitation) requirements that the reviewer form an opinion about— a: whether or not the investment policies, standards, and procedures established by the Authority are appropriate to the Fund; and b: whether or not the investment policies, standards, and procedures established by the Authority have been complied with in all material respects; and c: the investment performance of the Fund. 5: Every performance review must be conducted by an independent person appointed by the Minister. 6: Every person who conducts a performance review must, as soon as practicable after conducting it,— a: prepare a written report on the conclusions reached and recommendations formulated as a result of conducting it; and b: give copies of the report to the Minister and the Authority. 7: The Minister must present a copy of the report to the House of Representatives as soon as practicable after receiving it. 8: The costs of conducting a performance review must be met out of money appropriated by Parliament for the purpose. Section 19B replaced 2 October 2001 section 7(1) Government Superannuation Fund Amendment Act 2001 Provisions relating to schemes Heading inserted 2 October 2001 section 7(1) Government Superannuation Fund Amendment Act 2001 19C: Payment of administration expenses, etc Section 19C repealed 2 October 2001 section 7(1) Government Superannuation Fund Amendment Act 2001 19D: Powers in relation to Fund and schemes Section 19D repealed 2 October 2001 section 7(1) Government Superannuation Fund Amendment Act 2001 19E: Discretionary powers of Authority 1: If any question arises under this Act as to— a: whether any person is employed in the Government service; or b: whether any person is a contributor, or is entitled to resume contributions, to the Fund; or c: the period of contributory service, amount of salary, amount of contributions, or amount of retiring allowance of any contributor; or d: whether any retirement is compulsory or is due to misconduct; or e: whether or not any period of employment is on a full-time basis for the purposes of this Act, or as to the proportion of any part-time employment to full-time employment; or f: any other matter whatsoever in respect of a scheme,— the question shall be determined by the Authority 2: The Authority its Authority a: fixing or limiting the period or periods in respect of which a contributor is to be permitted to contribute to the Fund: b: fixing the contributions payable in respect of any period for which no salary is payable: c: fixing the payments (if any) to be made to the Fund by a contributor in addition to his or her contributions. 3: Notwithstanding anything to the contrary in this Act, but subject to the consent of the Authority 4: Notwithstanding anything to the contrary in this Act, the Authority 1956 No 47 s 11 Section 19E inserted 1 October 1995 section 4 Government Superannuation Fund Amendment Act 1995 Section 19E heading amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 19E(1) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 19E(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 19E(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 19E(4) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 19F: Statement of policies and exercise of discretionary powers 1: The Authority must, when exercising its discretionary powers in relation to the schemes,— a: act in accordance with the statement of policies, unless the Authority considers that it is inappropriate to do so in the particular circumstances of a case; and b: take into account the interests of any person who has an interest in the matter (including, without limitation, the interests of the Crown and of any contributor, beneficiary, or controlling authority affected by the matter), to the extent that those interests are known to the Authority. 2: If the Authority proposes to make any change to the published statement of policies, it must— a: consult with organisations that, in the Authority's view, have or are likely to have, or are representative of persons who have or are likely to have, an interest in the proposed change; and b: republish the statement of policies, or the part of the statement of policies affected by the change, in whatever manner the Authority considers appropriate; and c: send a copy of the republished statement of policies to the Appeals Board. 3: In this section, statement of policies Government Superannuation Fund Amendment Act 2001 Section 19F replaced 2 October 2001 section 8 Government Superannuation Fund Amendment Act 2001 19G: Delegation of Superintendent's functions or powers Section 19G repealed 2 October 2001 section 9 Government Superannuation Fund Amendment Act 2001 19H: Application of Part 4 of Financial Markets Conduct Act 2013 Each of the schemes must be treated for the purposes of this Act and any other Act as if it is registered on the register of managed investment schemes under the Financial Markets Conduct Act 2013 Part 4 Section 19H replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 19I: Rights to information 1: Each contributor shall have the right, upon request to the Authority 2: Each contributor and each beneficiary shall have the right, upon request to the Authority section 93B 3: No person shall be charged a fee for exercising any such right, except that if a person makes the same request more frequently than once every 12 months, then the Authority its 1989 No 10 s 17 Section 19I inserted 1 October 1995 section 4 Government Superannuation Fund Amendment Act 1995 Section 19I(1) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 19I(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 19I(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 2: Government service superannuation 20: This Part not to apply to certain persons The provisions of this Part shall not apply to the following persons: a: members of the Parliament of New Zealand Part 6 b: Judges and the Solicitor-General except as provided in Part 4 Part 5 c: d: members of the regular forces except as provided in Parts 3 3A e: persons entitled under any other Act to receive pensions on retirement from the Government service: f: persons remunerated by fees or commission and not by wages or salary: g: persons contributing under Part 2A 1947 No 57 s 17 1948 No 79 s 4 Section 20(a) amended 1 January 1987 section 29(2) Constitution Act 1986 Section 20(b) replaced 1 January 1981 Government Superannuation Fund Amendment Act 1980 Section 20(c) repealed 1 January 1981 Government Superannuation Fund Amendment Act 1980 Section 20(d) replaced 25 December 1986 section 6 Government Superannuation Fund Amendment Act 1986 Section 20(g) inserted 29 March 1985 section 3 Government Superannuation Fund Amendment Act 1985 Contributors 21: Contributors to the Fund 1: The following persons shall be contributors to the Fund: a: all persons who were contributors to the Fund immediately before the commencement of this Act: b: all persons who elect in accordance with this Part to become contributors to the Fund: c: all persons who are by this Part required or declared to be contributors to the Fund. 2: Every person who is at any time a contributor to the Fund shall continue to be a contributor until he dies, or retires from the Government service, or ceases in accordance with section 28 3: Notwithstanding anything to the contrary in any enactment in force before the date of the commencement of this Act, no person who is employed in the Government service on or after that date, and is not for the time being a contributor to the Fund, shall become a contributor to the Fund except in accordance with this Part. 1947 No 57 s 18 22: Election by employee to become a contributor 1: Subject to the provisions of this Part, any person who for the time being is employed in the Government service and is not a contributor to the Fund may elect to become a contributor to the Fund— a: from the date of his election; or b: from the commencement of the period of his continuous service in the Government service immediately preceding the date of his election; or c: from any date during the period of that prior continuous service: provided that no election shall be made under this section by any person who is not permanently employed or by any person who is employed otherwise than on a full-time basis or who has been so employed for any part of the period of that prior continuous service for which he wishes to elect to become a contributor Authority provided also that, except with the consent of the Authority person 1A: No person shall be entitled to make any election under subsection (1) after 30 April 1985. 2: Section 35 section 8 the Government Superannuation Fund Amendment Act 1962 a: was over the age of 40 years on the said 1 April 1962; and b: commenced her permanent employment in the Government service before 1 October 1961. 1947 No 57 s 19 Section 22(1) first proviso amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 22(1) first proviso amended 22 October 1959 Government Superannuation Fund Amendment Act 1959 Section 22(1) second proviso amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 22(1) second proviso amended 14 December 1962 section 4(1)(a) Government Superannuation Fund Amendment Act 1962 Section 22(1) second proviso amended 14 December 1962 section 4(1)(b) Government Superannuation Fund Amendment Act 1962 Section 22(1A) inserted 29 March 1985 section 4 Government Superannuation Fund Amendment Act 1985 Section 22(2) inserted 14 December 1962 section 4(2) Government Superannuation Fund Amendment Act 1962 Section 22(2) amended 1 November 1976 section 3(3) Government Superannuation Fund Amendment Act 1976 22A: Compulsory contribution requirements Section 22A repealed 29 March 1985 section 5 Government Superannuation Fund Amendment Act 1985 22B: Locally engaged staff of New Zealand High Commission in United Kingdom Section 22B repealed 1 August 1990 section 4(1) Government Superannuation Fund Amendment Act (No 2) 1990 22BA: Locally engaged staff of New Zealand High Commission in United Kingdom may elect to become contributors under Part 2A Section 22BA repealed 1 August 1990 section 4(1) Government Superannuation Fund Amendment Act (No 2) 1990 23: Contributor may elect to contribute in respect of any prior part of 1: Subject to the provisions of this Part, where any person is for the time being a contributor to the Fund and any period of his service section 27 and has never been included provided that, except with the consent of the Authority provided also that, except with the consent of the Authority a: no person shall elect to contribute to the Fund in respect of any part of that period for which his employment was otherwise than on a full-time basis: b: no person who is employed otherwise than on a full-time basis shall elect to contribute to the Fund in respect of any part of that period, whether or not his service was on a full-time basis during that part of that period. 2: For the purposes of this section, employment in the Post Office 3: Subject to the consent of the Authority section 78 of the Education Act 1914 section 19 of the Education Amendment Act 1920 Authority 4: Section 35 section 8 the Government Superannuation Fund Amendment Act 1962 1947 No 57 s 20 1948 No 79 s 5 Section 23 heading amended 4 October 1957 Government Superannuation Fund Amendment Act 1957 Section 23(1) amended 4 October 1957 Government Superannuation Fund Amendment Act 1957 Section 23(1) amended 4 October 1957 Government Superannuation Fund Amendment Act 1957 Section 23(1) first proviso amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 23(1) first proviso amended 14 December 1962 section 5(1) Government Superannuation Fund Amendment Act 1962 Section 23(1) second proviso inserted 22 October 1959 Government Superannuation Fund Amendment Act 1959 Section 23(1) second proviso amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 23(2) amended 1 January 1960 Post Office Act 1959 Section 23(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 23(4) inserted 14 December 1962 section 5(2) Government Superannuation Fund Amendment Act 1962 Section 23(4) amended 1 November 1976 section 3(3) Government Superannuation Fund Amendment Act 1976 23A: Election to contribute in respect of notional service 1: Every contributor who is an employee of the public service within the meaning of the Public Service Act 2020 or who is an education board employee to whom this section applies period of notional service a: 5 years in the case of a contributor who will have less than 35 years' contributory service on the date on which he attains the age of 60 years if he makes no election under this section: b: the period necessary to give the contributor 40 years of contributory service on the date on which he attains the age of 60 years in the case of a contributor who will have 35 years or more contributory service on that date if he makes no election under this section. 2: Notwithstanding anything to the contrary in subsection (1), where any such employee is a contributor in respect of any period or periods of service or training included as Government service under paragraph (a) or paragraph (c) of subsection (2) of section 2, the maximum period of notional service specified in respect of that contributor under subsection (1) shall be reduced by the period or periods of that service or training for which he is a contributor. 3: Where any contributor who has elected under this section to contribute in respect of notional service subsequently elects to contribute in respect of any other period of service, the period for which he may so elect to contribute in respect of that other service shall be reduced, where necessary, to the extent that the maximum period of notional service specified under subsection (1) would have been reduced under this section had the election to contribute in respect of other service preceded the election to contribute in respect of notional service. 4: Any election under this section shall be made before the contributor attains the age of 50 years or before the expiration of 3 years from the date of his appointment to the public service provided that, where the contributor's current period of service in the public service 4A: An election under this section by an education board employee to whom this section applies shall be made before the contributor attains the age of 50 years or before the expiration of 3 years from the date of the commencement of his current period of employment by an education board, whichever is the earlier: provided that, where the contributor's current period of employment by an education board commenced before 1 December 1967, any election under this section shall be made before the date on which he attains the age of 40 years or 1 December 1970, whichever is the earlier. 5: The period of notional service covered by any election under this section shall be deemed immediately to precede the contributor's current period of contributory service and in respect of each day of the notional service the contributor shall contribute to the Fund upon such conditions as the Authority Authority 6: On the notification by the Authority Authority provided that, where any portion of the amount so payable is paid by such instalments, interest at such rate and calculated in such manner as the Authority 7: Section 35 section 8 Government Superannuation Fund Amendment Act 1962 8: The education board employees to whom this section applies shall be those employed under the Education Authorities Employment Regulations 1982 Section 23A inserted 4 December 1964 Government Superannuation Fund Amendment Act 1964 Section 23A(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 23A(1) amended 24 November 1967 Government Superannuation Fund Amendment Act 1967 Section 23A(4) amended 7 August 2020 section 135 Public Service Act 2020 Section 23A(4) proviso amended 7 August 2020 section 135 Public Service Act 2020 Section 23A(4A) inserted 24 November 1967 Government Superannuation Fund Amendment Act 1967 Section 23A(5) replaced 25 December 1986 section 8 Government Superannuation Fund Amendment Act 1986 Section 23A(5) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 23A(6) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 23A(6) proviso amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 23A(7) amended 1 November 1976 section 3(3) Government Superannuation Fund Amendment Act 1976 Section 23A(8) replaced 1 April 1988 section 87 State Sector Act 1988 24: Election to contribute in respect of previous contributory service 1: Subject to the provisions of this Part, any person who is for the time being a contributor to the Fund from the commencement of his current period of service in the Government service, and who was a contributor in respect of a previous period of service in the Government service which is not continuous with his current period and in respect of which he has not received any retiring allowance, may, with the consent of the Authority provided that no contributor shall be entitled to elect under this section to contribute to the Fund in respect of any period exceeding 1 year during which he was not employed in the Government service. 2: Section 35 section 8 the Government Superannuation Fund Amendment Act 1962 subsection (5) of the said section 35 1947 No 57 s 21 1948 No 79 s 6 Section 24(1) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 24(2) inserted 14 December 1962 section 6 Government Superannuation Fund Amendment Act 1962 Section 24(2) amended 1 November 1976 section 3(3) Government Superannuation Fund Amendment Act 1976 25: Election to contribute in respect of previous service as contributing employee under a National Provident Fund scheme Subject to the provisions of this Part, any contributor to the Fund in respect of whom the Minister of Finance or a local authority or any other person has previously been a contributor to any superannuation scheme under the National Provident Fund Act 1950 Authority National Provident Fund Act 1950 provided that where under the provisions of this section a female contributor elects, on or after 1 April 1962, and whether before or after the enactment of this proviso, to contribute to the Fund from any date before the said 1 April 1962, she shall for the purposes of this Act be deemed— a: to have been a contributor to the Fund during the period to which her election relates; and b: to have received, as a result of the Government Service Equal Pay Act 1960 1947 No 57 s 22 Section 25 amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 25 proviso inserted 14 December 1962 section 7 Government Superannuation Fund Amendment Act 1962 26: General provisions as to elections to become contributors 1: No person shall be entitled to elect under this Part to become a contributor or to contribute to the Fund in respect of any period before the date of his attaining the age of 17 years: provided that this subsection shall not apply to any person who— a: has been employed in the Government service continuously from a date before 1 January 1946; or b: has become a contributor to the Fund, with the approval of the Appeals Board Superannuation Schemes Act 1976 2: No person shall be entitled to elect under this Part to become a contributor or to contribute to the Fund in respect of any period during which he was a defaulter within the meaning of the National Service Emergency Regulations 1940 3: No person shall be entitled to elect under this Part to become a contributor or to contribute to the Fund in respect of any previous period of service as a permanent member of the regular forces not earlier than 1 April 1946, unless he repays, without interest, the amount of any gratuity paid to him in respect of that previous period of service in accordance with a scale of pay coming into force on or after that date. 4: Every election under this Part shall be made in writing delivered to the Authority 5: Where any person elects under this Part to become a contributor or to contribute to the Fund in respect of any period before the date of his election he shall pay into the Fund within such time and in such manner as the Authority Authority provided that the Authority its provided also that all such periods and any earlier period of contributory service shall be added together to form one continuous period which shall be deemed immediately to precede the contributor's current period of contributory service and to form part thereof. 6: Where no actual liability has been imposed on the Fund by reason of an election made under this Part, the election may be revoked by writing delivered to the Authority Authority 1947 No 57 s 23 1948 No 79 s 7 1950 No 94 ss 4(1), 5(1), 6(1) Section 26(1) proviso replaced 1 November 1976 Government Superannuation Fund Amendment Act 1976 Section 26(1) proviso amended 2 October 2001 section 4(3)(a) Government Superannuation Fund Amendment Act 2001 Section 26(4) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 26(5) replaced 1 April 1961 Government Superannuation Fund Amendment Act 1959 Section 26(5) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 26(5) first proviso amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 26(6) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 27: Continuity of service Where the Government service of any person has been interrupted (whether before or after the date of the commencement of the Government Superannuation Fund Amendment Act 1985 Authority Authority Section 27 replaced 29 March 1985 section 6 Government Superannuation Fund Amendment Act 1985 Section 27 amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 28: Right to cease to be contributor under Part 2 1: Any contributor may at any time deliver to the Authority on the expiration of the day on which the notice is received by the Authority a: elects to receive from the Fund a refund without interest of the total amount of the contributor's contributions to the Fund (less any amounts already received by the contributor from the Fund); or b: elects, subject to regulations made under section 97 i: a deferred pension; or ii: a deferred lump sum,— in accordance with those regulations. 2: 3: 4: The contributor ceases to be a contributor to the Fund on the expiration of the day on which the notice is received by the Authority and, if the contributor elected to take a refund, that refund must be paid pursuant to the election as soon as practicable after that. 5: Notwithstanding anything to the contrary in this Act, nothing in this Part shall apply in respect of any period of Government service after the effective date of an election under subsection (1)(b). Section 28 replaced 1 July 1991 section 5(1) Government Superannuation Fund Amendment Act (No 2) 1990 Section 28(1) amended 2 October 2001 section 10(1) Government Superannuation Fund Amendment Act 2001 Section 28(1) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 28(1)(b) replaced 1 October 1995 section 5(1) Government Superannuation Fund Amendment Act 1995 Section 28(2) repealed 1 October 1995 section 5(2) Government Superannuation Fund Amendment Act 1995 Section 28(3) repealed 2 October 2001 section 10(2) Government Superannuation Fund Amendment Act 2001 Section 28(4) replaced 2 October 2001 section 10(2) Government Superannuation Fund Amendment Act 2001 Section 28(5) inserted 1 October 1995 Government Superannuation Fund Amendment Act 1995 Contributions 29: Contributions to be deducted from salary 1: The contribution to be made by a contributor shall be the following percentage of his salary, and shall be deducted from his salary and paid to the Fund as the salary becomes payable from time to time, that is to say: a: unless the contributor (in accordance with subsection (4) of section 2 the Government Superannuation Fund Amendment Act 1969 i: 6% if his age does not exceed 30 years at the commencement of his contributory service: ii: 7% if his age then exceeds 30 years but does not exceed 35 years: iii: 8% if his age then exceeds 35 years but does not exceed 40 years: iv: 9% if his age then exceeds 40 years but does not exceed 45 years: v: 10% if his age then exceeds 45 years but does not exceed 50 years: vi: 11% if his age then exceeds 50 years: b: if the contributor (in accordance with subsection (4) of section 2 the Government Superannuation Fund Amendment Act 1969 i: 5% if his age does not exceed 30 years at the commencement of his contributory service: ii: 6% if his age then exceeds 30 years but does not exceed 35 years: iii: 7% if his age then exceeds 35 years but does not exceed 40 years: iv: 8% if his age then exceeds 40 years but does not exceed 45 years: v: 9% if his age then exceeds 45 years but does not exceed 50 years: vi: 10% if his age then exceeds 50 years. c: d: e: f: 2: For the purposes of this section a contributor's age shall be deemed to exceed 30 years on and after the 30th anniversary of his birth, and the other ages referred to in this section shall be calculated respectively in the same manner. 3: For the purposes of this section and of sections 19 20 the Government Superannuation Fund Amendment Act 1962 Authority 1947 No 57 s 26 Section 29(1)(a) replaced 18 September 1969 section 2(1) Government Superannuation Fund Amendment Act 1969 Section 29(1)(a) amended 1 November 1976 section 3(3) Government Superannuation Fund Amendment Act 1976 Section 29(1)(b) replaced 18 September 1969 section 2(1) Government Superannuation Fund Amendment Act 1969 Section 29(1)(b) amended 1 November 1976 section 3(3) Government Superannuation Fund Amendment Act 1976 Section 29(1)(c) repealed 18 September 1969 section 2(1) Government Superannuation Fund Amendment Act 1969 Section 29(1)(d) repealed 18 September 1969 section 2(1) Government Superannuation Fund Amendment Act 1969 Section 29(1)(e) repealed 18 September 1969 section 2(1) Government Superannuation Fund Amendment Act 1969 Section 29(1)(f) repealed 18 September 1969 section 2(1) Government Superannuation Fund Amendment Act 1969 Section 29(3) inserted 1 April 1961 Government Superannuation Fund Amendment Act 1959 Section 29(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 29(3) amended 14 December 1962 section 27(2) Government Superannuation Fund Amendment Act 1962 30: Variable percentage scheme 1: For the purposes of this section and subsection (6) of section 22B standard rate of contribution section 29 2: Subject to subsection (4), any non-compulsory contributor whose standard rate of contribution would otherwise be greater than 6% of his salary may elect to contribute to the Fund on the basis of 6% of his salary. Every such election shall take effect on the date as at which the contributor becomes a contributor if it is made at the time when he elects to become a contributor, and in any other case shall take effect at the expiration of the 6 months commencing with the date of the receipt of the election by the Authority 3: Subject to subsection (4), any contributor who, under the provisions of this section or the corresponding provisions of any previous section or under the provisions of subsection (6) of section 22B Authority 4: Except with the consent of the Authority or to subsection (6) of section 22B 5: Where under the provisions of this section or the corresponding provisions of any previous section or under the provisions of subsection (6) of section 22B 6: Where a contributor who is contributing to the Fund under the provisions of this section or the corresponding provisions of any previous section or under the provisions of subsection (6) of section 22B a: from the expiration of 6 months commencing on the date of receipt of the election, the contributor shall be deemed to have contributed at his standard rate during the period to which the election relates; and b: the contributor shall pay into the Fund, within such time and in such manner as the Authority 7: Where any contributor was, at 31 March 1975, by reason of an election under the provisions of section 30 Section 30 replaced 1 November 1976 section 6 Government Superannuation Fund Amendment Act 1976 Section 30(1) amended 19 October 1978 Government Superannuation Fund Amendment Act 1978 Section 30(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 30(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 30(3) amended 19 October 1978 Government Superannuation Fund Amendment Act 1978 Section 30(4) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 30(4) amended 19 October 1978 Government Superannuation Fund Amendment Act 1978 Section 30(5) amended 19 October 1978 Government Superannuation Fund Amendment Act 1978 Section 30(6) amended 19 October 1978 Government Superannuation Fund Amendment Act 1978 Section 30(6)(b) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 31: Other contributions Section 31 repealed 29 March 1985 section 22(3) Government Superannuation Fund Amendment Act 1985 32: Contributions while salary temporarily stopped Where the salary of a contributor is for any period temporarily stopped on the ground of ill health or for any other reason, or where for any period a contributor is on leave of absence without salary or at a reduced salary, or is not employed in the Government service but has not retired therefrom, he shall during that period continue to contribute to the Fund in such manner and to such extent as may be determined by the Authority 1947 No 57 s 28 Section 32 amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 33: Election to contribute on higher salary in case of reduction 1: Where for any reason other than misconduct a contributor's salary has been reduced (whether by reason of his transfer or appointment to another position or otherwise) he may, with the consent of his controlling authority immediately following the date of the reduction Authority Authority 1A: Where any election is made under this section after the date of the commencement of the Government Superannuation Fund Amendment Act 1985 Authority Authority, after receiving advice from an actuary, Authority 2: An election may be made under this section notwithstanding that the contributor may have been appointed to a position in the Government service under another controlling authority. 3: No contributor may make any election under this section following an interval during which he was not in the Government service, except with the consent of the Authority 1947 No 57 s 29 1951 No 65 s 5 Section 33(1) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 33(1) amended 22 October 1959 Government Superannuation Fund Amendment Act 1959 Section 33(1A) inserted 29 March 1985 section 8 Government Superannuation Fund Amendment Act 1985 Section 33(1A) amended 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 33(1A) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 33(2) inserted 22 October 1959 Government Superannuation Fund Amendment Act 1959 Section 33(3) inserted 22 October 1959 Government Superannuation Fund Amendment Act 1959 Section 33(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Benefits of the Fund 34: Application of Fund Section 34 repealed 1 October 1995 section 30 Government Superannuation Fund Amendment Act 1995 35: Retiring allowance 1: Every contributor to whom this section applies may at any time retire from the Government service, and shall after his or her retirement in any manner from the Government service be entitled to receive from the Fund an annual retiring allowance for the rest of his or her life. 1A: The amount of any such annual retiring allowance shall, except as provided in subsection (6), be the pension percentage of the contributor's annual salary calculated in accordance with this section and increased in accordance with subsection (1D). 1B: For the purposes of this section— appropriate fraction pension percentage P × (0.7 + (0.014 × t)) where— P is the appropriate fraction multiplied by the number of years (including fractions of a year) of contributory service: t is the number, if any, of years (including fractions of a year) by which the date on which the retiring allowance commences to be payable precedes 1 October 1999. 1C: Where a contributor's contributory service is or includes a period or periods of employment otherwise than on a full-time basis, the length of the contributory service shall be reduced proportionately to the extent that the Authority 1D: Every retiring allowance calculated in accordance with this section shall be increased by an amount equal to the amount of the retiring allowance that would be determined in accordance with subsections (1A) to (1C) if any period of contributory service in excess of 40 years were ignored in the calculation. 1E: For the purposes of subsection (1B), the contributory service of a contributor to the Fund under Part 2 section 21 2: The annual retiring allowance calculated under subsection (1) shall be reduced by the amount of any retiring allowance relating to a previous period of contributory service which he or she has surrendered under section 91 3: This section shall apply to the following persons: a: every contributor whose age is not less than 65 years: b: every contributor whose age is not less than 60 years and whose length of contributory service is not less than 40 years: c: every contributor employed in the New Zealand Railways Corporation Police Act 1958 Part 2 Government Superannuation Fund Amendment Act 1962 or who became employed in the Public Service within the meaning of the State Services Act 1962 after 31 July 1964 or who became an education board employee to whom section 23A d: every contributor whose retirement is considered by the Authority i: if his or her age is not less than 60 years; or ii: if his or her age is not less than 58 years and the length of his or her contributory service is not less than 40 years: e: every contributor employed in the New Zealand Railways Corporation f: every contributor i: a contributor whose age is not less than 60 years; or ii: a contributor whose age is not less than 55 years and whose length of contributory service is not less than 30 years; or iii: a contributor whose length of contributory service is not less than 35 years; or iv: a contributor whose age is not less than 50 years and whose length of contributory service is not less than 20 years: provided that this subparagraph shall not apply to any contributor unless he so consents in writing: g: every contributor to whom this section is applied by the controlling authority, being a contributor who— i: has contributory service of not less than 5 years, which shall have commenced before the coming into force of this paragraph; and ii: has been employed in the Government service for a period of not less than 40 years; and iii: has been compulsorily retired by his controlling authority. 4: This section shall also apply to every contributor who has been employed in the Government service continuously from a date before 1 January 1946, or whose period of contributory service commenced before that date, if the length of his or her contributory service is not less than 40 years. 5: Except as provided in subsection (2) of section 22 section 23 or subsection (7) of section 23A section 24 a: every female contributor whose age is not less than 55 years and whose contributory service commenced before 1 April 1962, being— i: a female contributor whose age was not less than 55 years on 1 April 1962 or who attained that age at any time before 1 April 1965; or ii: a female contributor whose age was not less than 45 years on 1 April 1962 and who, after attaining the age of 55 years, completed a period of contributory service additional to that which she had completed before attaining that age, which additional period was not less than the period between 1 April 1962 and the date on which she attained the age of 55 years; or iii: a female contributor who, in the opinion of her controlling authority, received as a result of the Government Service Equal Pay Act 1960 iv: a female contributor who, in the opinion of her controlling authority, received as a result of the Government Service Equal Pay Act 1960 Government Service Equal Pay Act 1960 provided that the annual retiring allowance of a contributor to whom this section applies by reason only of this subparagraph shall be reduced as provided in subsection (6): b: every female contributor whose length of contributory service is not less than 30 years and whose contributory service commenced before 1 April 1962, being— i: a female contributor who had completed that length of contributory service on 1 April 1962 or who completed that length of contributory service at any time before 1 April 1965; or ii: a female contributor whose length of contributory service on 1 April 1962 was not less than 20 years, and who, after completing 30 years of contributory service, completed a further period of contributory service not less than her period of contributory service iii: a female contributor who, in the opinion of her controlling authority, received as a result of the Government Service Equal Pay Act 1960 iv: a female contributor who, in the opinion of her controlling authority, received as a result of the Government Service Equal Pay Act 1960 Government Service Equal Pay Act 1960 provided that the annual retiring allowance of a contributor to whom this section applies by reason only of this subparagraph shall be reduced as provided in subsection (6): c: every female contributor whose contributory service commenced before 1 April 1962 and to whom this section is applied by her controlling authority, being— i: a female contributor whose age on 1 April 1962 was not less than 50 years; or ii: a female contributor whose age on 1 April 1962 was not less than 40 years and who, after attaining the age of 50 years, completed a period of contributory service additional to that which she had completed before attaining that age, which additional period was not less than the period between 1 April 1962 and the date on which she attained the age of 50 years. 5A: Subsection (5) shall apply, in relation to any female contributor who is a member of the Police of New Zealand, as if every reference, in subparagraphs (i), (ii), (iii), and (iv) of paragraph (a), in subparagraphs (i), (ii), (iii), and (iv) of paragraph (b), and in subparagraphs (i) and (ii) of paragraph (c), of the said subsection (5), to 1 April 1962, were a reference to 1 November 1965, and as if every reference in those subparagraphs to 1 April 1965 were a reference to 1 November 1968. 6: In any case where this section applies to any female contributor by reason only of the operation of subparagraph (iv) of paragraph (a), or subparagraph (iv) of paragraph (b), of subsection (5), the annual retiring allowance which the contributor is entitled to receive from the Fund after her retirement from the Government service shall be computed as provided in subsections (1) to (1E) 7: In the case of any contributor to whom this section applies by virtue of paragraph (f) or paragraph (g) Authority Authority 8: The Authority its 9: For the purposes of this section, a person whose Government service was interrupted for any term which included any part of the period commencing with 1 April 1961 and ending with 1 April 1962, but whose Government service is deemed under subsection (4) of section 11 section 27 Government Service Equal Pay Act 1960 Section 35 replaced 14 December 1962 section 8(1) Government Superannuation Fund Amendment Act 1962 Section 35(1) replaced 1 April 1990 section 11(1) Government Superannuation Fund Amendment Act 1990 Section 35(1A) inserted 1 April 1990 section 11(1) Government Superannuation Fund Amendment Act 1990 Section 35(1B) inserted 1 April 1990 section 11(1) Government Superannuation Fund Amendment Act 1990 Section 35(1C) inserted 1 April 1990 section 11(1) Government Superannuation Fund Amendment Act 1990 Section 35(1C) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 35(1D) inserted 1 April 1990 section 11(1) Government Superannuation Fund Amendment Act 1990 Section 35(1E) inserted 1 April 1990 section 11(1) Government Superannuation Fund Amendment Act 1990 Section 35(3)(c) amended 1 April 1982 section 120(4) New Zealand Railways Corporation Act 1981 Section 35(3)(c) amended 1 November 1976 section 3(3) Government Superannuation Fund Amendment Act 1976 Section 35(3)(c) amended 24 November 1967 Government Superannuation Fund Amendment Act 1967 Section 35(3)(c) amended 4 December 1964 Government Superannuation Fund Amendment Act 1964 Section 35(3)(d) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 35(3)(e) amended 1 April 1982 section 120(4) New Zealand Railways Corporation Act 1981 Section 35(3)(f) amended 1 November 1976 section 7(1)(a) Government Superannuation Fund Amendment Act 1976 Section 35(3)(f)(iii) amended 25 October 1963 Government Superannuation Fund Amendment Act 1963 Section 35(3)(f)(iv) inserted 25 October 1963 Government Superannuation Fund Amendment Act 1963 Section 35(3)(g) inserted 1 November 1976 section 7(2) Government Superannuation Fund Amendment Act 1976 Section 35(5) amended 4 December 1964 Government Superannuation Fund Amendment Act 1964 Section 35(5)(b)(ii) amended 25 October 1963 Government Superannuation Fund Amendment Act 1963 Section 35(5A) inserted 24 November 1967 Government Superannuation Fund Amendment Act 1967 Section 35(6) amended 1 April 1990 section 11(2) Government Superannuation Fund Amendment Act 1990 Section 35(7) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 35(7) amended 1 November 1976 section 7(1)(b) Government Superannuation Fund Amendment Act 1976 Section 35(8) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 36: Retiring allowance when contributor medically unfit for further duty 1: Every contributor who, before becoming entitled to a retiring allowance under section 35 Authority section 35 2: The Authority its a: the contributor resumes employment, whether in the Government service or elsewhere, or becomes gainfully self-employed; or b: the contributor, having ceased to be medically unfit for further duty, fails to accept any employment offered by a controlling authority and considered by the Authority c: the Authority d: the contributor fails without sufficient justification to submit himself for medical examination when and as often as required by the Authority e: the Authority 2A: The Authority its 3: The provisions of subsection (2) shall not apply to any contributor after the contributor has attained the age of 60 years. 4: For the purposes of this Part a contributor shall be deemed to be medically unfit for further duty if on the certificate of at least 2 medical practitioners approved by the Authority Authority Authority 5: Any decision by the Authority section 45 1947 No 57 s 32 1955 No 107 s 9(1), (2) Section 36(1) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 36(2) replaced 22 October 1959 Government Superannuation Fund Amendment Act 1959 Section 36(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 36(2)(b) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 36(2)(c) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 36(2)(d) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 36(2)(e) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 36(2A) inserted 22 October 1959 Government Superannuation Fund Amendment Act 1959 Section 36(2A) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 36(3) replaced 14 December 1962 section 9 Government Superannuation Fund Amendment Act 1962 Section 36(4) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 36(4) amended 29 March 1985 section 9 Government Superannuation Fund Amendment Act 1985 Section 36(5) inserted 22 October 1959 Government Superannuation Fund Amendment Act 1959 Section 36(5) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 36(5) amended 29 March 1985 section 22(1) Government Superannuation Fund Amendment Act 1985 37: Increasing allowance for contributor retiring in consequence of injuries 1: Where any contributor to the Fund retires from the Government service as medically unfit for further duty in consequence of injuries suffered by that contributor in the execution of his or her duty, or where the death of a contributor is directly attributable to injuries suffered by the contributor in the execution of his or her duty, if the Authority a spouse or partner or Authority Authority 2: Any increase granted under this section may commence at the time of the contributor's retirement or death or at any time thereafter, and may be granted for a specified period or otherwise as the Authority Authority 3: In considering any application for any increase under this section the Authority a Crown Bank Account 1947 No 57 s 32A 1955 No 107 s 12(1) Section 37(1) replaced 14 December 1962 section 10 Government Superannuation Fund Amendment Act 1962 Section 37(1) amended 26 April 2005 section 5 Government Superannuation Fund Amendment Act 2005 Section 37(1) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 37(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 37(3) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 37(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 38: Computation of retiring allowances on average salary for last 5 years of service 1: For the purpose of computing the retiring allowance to be granted to a contributor, his annual salary shall be deemed to be the average rate of salary on the basis of which he contributed to the Fund during the 5 years immediately preceding his retirement, or, if the length of his contributory service is less than 5 years, then during his contributory service: provided that where by reason of age or infirmity the contributor's salary has been reduced (whether by reason of his transfer or appointment to another position or otherwise), his retiring allowance shall be computed on the average rate of salary on the basis of which he contributed to the Fund during the 5 years immediately preceding that reduction or transfer, or the 5 years immediately preceding his retirement, whichever of those average rates is the higher: provided further that, where the contributor was a contributor to the Government Railways Superannuation Fund at any time before 1 April 1948, his retiring allowance shall be computed on his annual rate of pay within the meaning of Part 3 of the Government Railways Act 1926, if computation under this proviso would increase the annual amount of the retiring allowance payable under paragraph (a) of subsection (1) of section 35 $300 2: In computing for the purposes of this section the average rate of salary on the basis of which any contributor has contributed to the Fund during any period, no account shall be taken of any interval or intervals in respect of which he has paid no contributions or has paid reduced contributions by reason of his having been temporarily out of employment or by reason of his salary having been temporarily stopped. 3: Where a contributor is employed otherwise than on a full-time basis, his annual salary for the purpose of computing the retiring allowance to be granted to him shall be deemed to be such an amount as the Authority provided that the contributions payable by the contributor under section 29 1947 No 57 s 33 1954 No 45 s 4(1) Section 38(1) second proviso repealed 1 April 1990 section 12 Government Superannuation Fund Amendment Act 1990 Section 38(3) inserted 22 October 1959 Government Superannuation Fund Amendment Act 1959 Section 38(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 39: Proportionate reduction in contributory service if full contributions not paid Section 39 repealed 29 March 1985 section 22(3) Government Superannuation Fund Amendment Act 1985 40: Election of variable retiring allowance to secure a level income 1: Subject to the provisions of this section, any contributor may, within the time and in the manner prescribed by this section, elect to surrender from any specified date a specified portion of the retiring allowance which, but for his election, he would be entitled to receive from the Fund on his retirement, in order to provide for payment to him from the Fund of an increased retiring allowance up to that specified date. 2: An election under this section may be for 1 reduction of the actual retiring allowance from 1 specified date or for successive reductions from 2 or more specified dates. 3: The maximum amount or proportion of his retiring allowance that any contributor may surrender on making an election under this section may be fixed by regulations, and if not so fixed may be determined by the Authority 4: Nothing in the foregoing provisions of this section shall apply with respect to a contributor who retires on the ground of being medically unfit for further duty. Before the Authority it its 5: No retiring allowance shall be granted in accordance with this section of an amount that is calculated to impose any additional liability on the Fund, and every such retiring allowance shall, in accordance with regulations in that behalf, be computed as the actuarial equivalent of the retiring allowance to which the contributor would have been entitled if he had not made an election under this section. 6: Every election under this section shall be in writing delivered to the Authority 7: An election under this section may be made— a: at any time within the 3 months immediately preceding the retirement of the contributor, or at any time after retirement and before acceptance of the first instalment of the retiring allowance; or b: with the consent of the Authority 8: More than 1 election may be made by a contributor under this section, except that second or subsequent elections may be made only with the consent of the Authority 9: A contributor may, with the consent of the Authority Authority 10: Where an election is cancelled, future payments of the retiring allowance shall, subject to any further election under this section, be paid at the rate at which they would have been payable if the election had not been made, with an adjustment calculated on actuarial principles in respect of the variation in the amount of the retiring allowance while the election was in force. 11: The Authority's Authority 1947 No 57 s 35 Section 40(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 40(4) replaced 4 December 1964 Government Superannuation Fund Amendment Act 1964 Section 40(4) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 40(6) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 40(7) replaced 1 July 1992 section 5 Government Superannuation Fund Amendment Act (No 2) 1992 Section 40(7)(b) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 40(8) replaced 1 July 1992 section 5 Government Superannuation Fund Amendment Act (No 2) 1992 Section 40(8) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 40(9) replaced 1 July 1992 section 5 Government Superannuation Fund Amendment Act (No 2) 1992 Section 40(9) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 40(10) replaced 1 July 1992 section 5 Government Superannuation Fund Amendment Act (No 2) 1992 Section 40(11) inserted 1 July 1992 section 5 Government Superannuation Fund Amendment Act (No 2) 1992 Section 40(11) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 41: Election to receive refund of contributions instead of retiring allowance 1: A contributor who retires under circumstances entitling him to a retiring allowance may, at any time before accepting the first instalment of his retiring allowance, elect to accept a refund of the total amount of his contributions to the Fund (less any sums already received by him from the Fund) instead of his retiring allowance, in which case he shall be entitled to receive that refund accordingly without interest, but no further sum shall be payable out of the Fund in the event of his death. 2: Where the Authority section 36 section 69 section 42 1947 No 57 s 36 Section 41(2) inserted 22 October 1959 Government Superannuation Fund Amendment Act 1959 Section 41(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 42: Refund of contributions on retiring before entitled to retiring allowance 1: Where before a contributor becomes entitled to a retiring allowance he retires from the Government service, whether voluntarily or otherwise, he shall be entitled to a refund of the total amount of his contributions to the Fund (less any sums already received by him from the Fund). 2: Except as hereinafter provided, every refund under this section shall be without interest. 3: Where the retirement of any contributor entitled to a refund under this section is compulsory for any reason other than misconduct, he shall be entitled, in addition to the refund, to receive a further sum by way of interest computed in the same manner as if the contributions from time to time paid by him (after deducting all sums from time to time received by him from the Fund) had been invested at compound interest with yearly rests at a rate calculated using a method that has been determined by the Authority ( see 4: All such interest shall be computed as if all moneys paid into or out of the Fund during any financial year have been so paid on 30 June 5: For the purposes of this Act no retirement of a contributor from the Government service shall be deemed to be compulsory merely because the contributor is deprived of the position held by him in that service if at any time within 3 months before the deprivation he has been offered and has failed or refused to accept some other position in the Government service which the controlling authority considers suitable for him at a salary not less than that of the position so held by him. 6: Where any money has been received, whether before or after the commencement of this subsection, from any person, and the money, for whatever reason, was received in error, the Authority its at a rate, and on a basis, calculated using a method that has been determined by the Authority ( see 7: The Authority may not make a determination under this section unless the Minister has approved the proposed method. 8: A determination under this section is secondary legislation ( see Part 3 1947 No 57 s 37 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 42(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 42(3) amended 2 October 2001 section 11(1) Government Superannuation Fund Amendment Act 2001 Section 42(4) amended 1 July 1992 section 6(1) Government Superannuation Fund Amendment Act (No 2) 1992 Section 42(6) inserted 22 October 1959 Government Superannuation Fund Amendment Act 1959 Section 42(6) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 42(6) amended 2 October 2001 section 11(2) Government Superannuation Fund Amendment Act 2001 Section 42(6) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 42(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 42(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 43: Election to continue contributory service after retirement 1: Any contributor to the Fund may elect to continue to be a contributor after his retirement, if he retires from the Government service, whether voluntarily or otherwise, before he becomes entitled to a retiring allowance. 2: Every election under this section shall be made in writing delivered to the Authority 3: Every contributor who makes an election under this section shall continue to be a contributor to the Fund after his retirement— a: until the date on which he elects to cease to be a contributor, which, except with the consent of the Authority b: until the date on which he again becomes employed in the Government service; or c: until the date of his death,— whichever date first occurs; and if the date specified in paragraph (a) first occurs it shall be deemed to be the date of his retirement. 4: The period during which any person continues to be a contributor under this section shall be deemed for the purposes of this Act to be contributory service, and he shall be deemed to receive during that period such salary as the Authority 5: In respect of his contributory service as aforesaid every contributor shall pay into the Fund within such time and in such manner as the Authority a: the contributions payable by him under this Act; and b: the amount by which those contributions are less than the amount certified by the Authority, after receiving advice from an actuary, or such lesser amount as the Authority 6: Except with the consent of the Authority 1947 No 57 s 58A 1953 No 61 s 7 Section 43(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 43(3)(a) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 43(4) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 43(4) amended 14 December 1962 section 11 Government Superannuation Fund Amendment Act 1962 Section 43(5) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 43(5)(b) amended 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 43(5)(b) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 43(5)(b) amended 29 March 1985 section 10 Government Superannuation Fund Amendment Act 1985 Section 43(6) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 44: Re-employment of contributor after retiring on allowance 1: Where any person who has retired from the Government service on a retiring allowance is re-employed in the Government service he may again become a contributor to the Fund with the consent of the Authority Authority provided that where his retirement was on the ground of being medically unfit for further duty he may with the consent of the Authority 2: 1947 No 57 s 38 1948 No 79 s 9 1950 No 94 s 8 Section 44(1) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 44(1) proviso amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 44(2) repealed 29 March 1985 section 22(3) Government Superannuation Fund Amendment Act 1985 45: Benefits where contributor under this Part dies and leaves spouse or partner 1: Where any contributor under this Part dies before becoming entitled to a retiring allowance and leaves a spouse or partner or partner or partner a: an annuity at— i: one-half of the rate of the retiring allowance to which the contributor would have been entitled if the contributor had retired on the date of the contributor's death on the ground of medical unfitness for further duty, disregarding the effect of any election made under section 40 section 48 ii: whichever is the greater; or b: the amount of the contributor's contributions to the Fund, less any amounts received by the contributor from the Fund during the contributor's lifetime. 2: Where any contributor under this Part dies, after becoming entitled to a retiring allowance and while still entitled to a retiring allowance, and leaves a spouse or partner who last became the spouse or partner of the contributor before the contributor became entitled to receive a retiring allowance, there is to be paid out of the Fund to the spouse or partner, at the election of the spouse or partner,— a: an annuity at the greater of the following rates: i: one-half of the rate of the retiring allowance to which the contributor was entitled at the date of the contributor's death, disregarding the effect of any election made under section 40 section 48 ii: the rate of $390 a year; or b: the amount of the contributor's contributions to the Fund, less any amounts received by the contributor from the Fund during the contributor's lifetime. 3: Where any contributor under this Part dies and leaves a spouse or partner or partner or partner or partner a: an annuity at the appropriate proportion of the retiring allowance to which the deceased contributor was entitled at the date of the contributor's death , disregarding the effect of any election made under section 40 section 48 i: 10% of that allowance where the contributor dies less than 2 years after the spouse or partner or partner ii: 20% of that allowance where the contributor dies 2 or more years but less than 3 years after the spouse or partner or partner iii: 30% of that allowance where the contributor dies 3 or more years but less than 4 years after the spouse or partner or partner iv: 40% of that allowance where the contributor dies 4 or more years but less than 5 years after the spouse or partner or partner v: 50% of that allowance where the contributor dies 5 or more years after the spouse or partner or partner b: the amount of the contributor's contributions to the Fund, less any amounts received by the contributor from the Fund during the contributor's lifetime. 4: Every election under subsection (1), subsection (2), or subsection (3) shall be made in writing delivered to the Authority or partner 5: The entitlement of any spouse or partner relationship status or partner 6: On or after 1 July 2002, any person living at that date to whom the remarriage rule applies— a: is entitled to an annuity under Part 2 Part 5 Part 6 b: is not entitled to an annuity for any period before 1 July 2002 during which the remarriage rule applied to that person. 6A: In subsection (6), the remarriage rule a: section 45(5) and (6) section 4 b: the first proviso to section 79(1)(a) section 3 c: the proviso appearing at the end of section 87(1)(a) section 2 7: No person shall be entitled to receive more than 1 annuity under this section. 8: This section shall apply in respect of every contributor under this Part, whether the contributor died before the date of the commencement of the Government Superannuation Fund Amendment Act 1985 9: Where any person has received any payment under the first proviso to section 45(1)(a)(ii) section 46(1)(a)(ii) section 11 10: Nothing in this section shall apply in respect of any spouse of a contributor who died before 1 November 1976, unless that spouse was the wife or husband of the contributor at the date of the contributor's death. Section 45 replaced 29 March 1985 section 11 Government Superannuation Fund Amendment Act 1985 Section 45 heading amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 45(1) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 45(1)(a)(ii) amended 26 April 2005 section 6(1) Government Superannuation Fund Amendment Act 2005 Section 45(2) replaced 26 April 2005 section 6(2) Government Superannuation Fund Amendment Act 2005 Section 45(3) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 45(3)(a) amended 1 April 1988 section 7 Government Superannuation Fund Amendment Act 1988 Section 45(3)(a)(i) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 45(3)(a)(ii) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 45(3)(a)(iii) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 45(3)(a)(iv) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 45(3)(a)(v) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 45(4) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 45(4) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 45(5) replaced 11 March 2003 section 4 Government Superannuation Fund Amendment Act 2003 Section 45(5) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 45(5) amended 26 April 2005 section 4(3) Government Superannuation Fund Amendment Act 2005 Section 45(6) replaced 11 March 2003 section 4 Government Superannuation Fund Amendment Act 2003 Section 45(6A) inserted 11 March 2003 section 4 Government Superannuation Fund Amendment Act 2003 46: Refund of contributions where contributor under this Part dies without leaving spouse or partner Where a contributor under this Part dies and leaves no spouse or partner a: any amounts received by the contributor from the Fund during the contributor's lifetime; and b: any amounts that have been paid or may become payable out of the Fund to or on behalf of any child of the contributor. Section 46 replaced 29 March 1985 section 11 Government Superannuation Fund Amendment Act 1985 Section 46 heading amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 46 amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 47: Children's allowance 1: On or after 1 July 2002, where any contributor under this Part dies, whether before or after becoming entitled to a retiring allowance, and leaves a child or children under the age of 16 years, there must be paid out of the Fund to, or on behalf of, each child an allowance calculated under section 61Q(7) 1A: Without limiting its application, subsection (1)— a: applies to any child to whom section 47(1) section 5 b: applies to any child to whom section 79(3) section 3 section 87(1)(d) section 2 c: does not affect the entitlement of any child to be paid a children's allowance before 1 July 2002. 2: Where any child of a deceased contributor under this Part has attained the age of 16 years and would be entitled to an allowance under subsection (1) if that child had not attained that age, the Authority a: for assisting in the education of that child up to the end of the calendar year in which the child attains the age of 18 years: b: where the child has a physical or mental disability that prevents the child from earning a living, for such period as the Authority 3: Any money payable out of the Fund under this section to or on behalf of a child of a deceased contributor may, at the discretion of the Authority Authority Public Trust Public Trust 4: Any receipt given by an infant or any other person for any money paid under the authority of this section shall be a good discharge to the Authority 5: This section shall apply in respect of the child or children of every contributor under this Part, whether the contributor died before the date of the commencement of the Government Superannuation Fund Amendment Act 1985 Section 47 replaced 29 March 1985 section 11 Government Superannuation Fund Amendment Act 1985 Section 47(1) replaced 11 March 2003 section 5 Government Superannuation Fund Amendment Act 2003 Section 47(1A) inserted 11 March 2003 section 5 Government Superannuation Fund Amendment Act 2003 Section 47(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 47(2)(b) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 47(3) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 47(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 47(4) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 48: Annual allowances to surviving spouses, partners, 1: In this section— approved dependant Authority partner spouse 2: 3: Subject to the provisions of this section, any contributor may, within the time and in the manner prescribed by this section, elect to surrender a specified portion of the retiring allowance which, but for his election, he would be entitled to receive from the Fund on his retirement, in order to provide for payment from the Fund to his spouse, partner, Authority provided that in no case shall an annual allowance be granted to a spouse, partner, spouse, partner, 4: An election by a contributor to surrender portion of his retiring allowance in accordance with this section may be— a: an absolute election to surrender portion of the retiring allowance: b: a contingent election to surrender portion of the retiring allowance in the event of the contributor surviving the spouse, partner, c: an absolute election, in accordance with paragraph (a), combined with a contingent election to surrender a further portion of the retiring allowance in the event of the contributor surviving the spouse, partner, 5: The maximum amount or proportion of his retiring allowance that any contributor may surrender on making an election under this section may be fixed by regulations, and if not so fixed, may be determined by the Authority 6: Nothing in the foregoing provisions of this section shall apply with respect to a contributor who retires on the ground of being medically unfit for further duty, and no election under this section shall be considered by the Authority it Authority 7: No retiring allowance or annual allowance shall be granted in accordance with this section of an amount that is calculated to impose any additional liability on the Fund, and every such retiring allowance and annual allowance that are granted to a contributor and to his spouse or partner 8: Any annual allowance granted in accordance with this section to the spouse or partner 9: On the death of a contributor who has made an election under this section, the following provisions shall apply: a: the right of his spouse or partner b: the right of his personal representatives to receive a refund in respect of his contributions to the Fund shall be deemed to have ceased and determined, except as otherwise provided in paragraph (c): c: on the death of the contributor or on the death of the spouse or partner spouse or partner 10: Every election under this section shall be in writing delivered to the Authority 11: An election under this section may be made at any time within the 3 months immediately preceding the retirement of the contributor or may be made after his retirement and before he has accepted the first instalment of a retiring allowance: 11A: Despite subsection (11), if the contributor marries or enters into a civil union or a de facto relationship while in receipt of a retiring allowance, he or she may make an election under this section in favour of his or her spouse or partner at any time within 3 months after the date on which he or she marries or enters into the civil union or the de facto relationship. 12: Notwithstanding anything in subsection (11), but subject to the provisions of this subsection, any contributor who, by reason of age or length of service, is at any time entitled to retire on a retiring allowance or to give notice of his intention so to retire may, on production to the Authority 13: An election made by a contributor under subsection (12) shall not be revocable. In the event of the death of any such contributor before he has become entitled to a retiring allowance, his election shall operate in favour of the spouse or partner 14: 1957 No 47 s 42; 1955 No 107 s 10 Section 48 heading amended 26 April 2005 section 7(1) Government Superannuation Fund Amendment Act 2005 Section 48(1) approved dependant amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 48(1) partner inserted 26 April 2005 section 7(2) Government Superannuation Fund Amendment Act 2005 Section 48(1) spouse inserted 26 April 2005 section 7(2) Government Superannuation Fund Amendment Act 2005 Section 48(1) widow repealed 26 April 2005 section 7(2) Government Superannuation Fund Amendment Act 2005 Section 48(2) repealed 26 April 2005 section 7(3) Government Superannuation Fund Amendment Act 2005 Section 48(3) amended 26 April 2005 section 7(4) Government Superannuation Fund Amendment Act 2005 Section 48(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 48(3) proviso amended 26 April 2005 section 7(4) Government Superannuation Fund Amendment Act 2005 Section 48(4)(b) amended 26 April 2005 section 7(5) Government Superannuation Fund Amendment Act 2005 Section 48(4)(c) amended 26 April 2005 section 7(5) Government Superannuation Fund Amendment Act 2005 Section 48(5) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 48(6) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 48(7) amended 26 April 2005 section 7(6) Government Superannuation Fund Amendment Act 2005 Section 48(8) amended 26 April 2005 section 7(6) Government Superannuation Fund Amendment Act 2005 Section 48(9)(a) amended 26 April 2005 section 7(6) Government Superannuation Fund Amendment Act 2005 Section 48(9)(c) amended 26 April 2005 section 7(6) Government Superannuation Fund Amendment Act 2005 Section 48(10) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 48(11) proviso repealed 26 April 2005 section 7(7) Government Superannuation Fund Amendment Act 2005 Section 48(11A) inserted 26 April 2005 section 7(8) Government Superannuation Fund Amendment Act 2005 Section 48(12) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 48(13) amended 26 April 2005 section 7(6) Government Superannuation Fund Amendment Act 2005 Section 48(14) repealed 15 October 1959 Estate and Gift Duties Amendment Act 1959 49: Payments to personal representatives Any money payable out of the Fund under the foregoing provisions to the personal representatives of a deceased contributor may, if no grant of probate or of letters of administration is obtained within 3 months after the death of the contributor, be paid to Public Trust 1947 No 57 s 43 Section 49 amended 1 March 2002 section 170(1) Public Trust Act 2001 Cook Islands Public Service, Niue Public Service Tokelau Heading amended 9 December 1976 Tokelau Amendment Act 1976 Heading amended 26 October 1967 Tokelau Amendment Act 1967 Heading amended 1 January 1967 Niue Act 1966 50: Provisions as to permanent officers becoming contributors Section 50 expired 22 October 1995 section 6(2) Government Superannuation Fund Amendment Act 1995 50A: Members of Cook Islands Public Service may elect to become contributors under Part 2A 1: Any permanent officer of the Cook Islands Public Service who, immediately before 1 January 1987 was a contributor to the Fund under section 50 Authority Authority Part 2A 2: Every election under subsection (1) shall take effect on and from 1 January 1987 and the contributions payable by any contributor who makes such an election and the benefits payable in respect of contributions by that contributor shall be calculated accordingly. 3: Any person who, on or after 1 January 1987, is required pursuant to section 50 Part 2A 4: Part 2A 5: Notwithstanding any other provision of this section, no person shall be entitled to make an election under subsection (1) after 9 June 1995. Section 50A inserted 25 December 1986 section 10 Government Superannuation Fund Amendment Act 1986 Section 50A(1) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 50A(4) replaced 9 June 1995 section 7(1) Government Superannuation Fund Amendment Act 1995 Section 50A(5) inserted 9 June 1995 section 7(1) Government Superannuation Fund Amendment Act 1995 50B: Members of Niue Public Service and Tokelau Public Service may elect to become contributors under Part 2A 1: Any permanent officer of the Niue Public Service or the Tokelau Public Service who immediately before 1 August 1990 was a contributor to the Fund under section 50 Authority Authority Part 2A 2: Every election under subsection (1) shall take effect on and from 1 August 1990 and the contributions payable by any contributor who makes such an election and the benefits payable in respect of contributions by that contributor shall be calculated accordingly. 3: Any person who, on or after 1 August 1990, is required pursuant to section 50 Part 2A 4: Part 2A a: section 61R b: any such person who is at any time on leave of absence without salary may make an election as if section 88J 5: Notwithstanding any other provision of this section, no permanent officer of the Niue Public Service shall be entitled to make an election under subsection (1) after 9 June 1995. 6: Notwithstanding any other provision of this section, no permanent officer of the Tokelau Public Service shall be entitled to make an election under subsection (1) after 21 October 1995. Section 50B inserted 1 August 1990 section 7(1) Government Superannuation Fund Amendment Act (No 2) 1990 Section 50B(1) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 50B(5) inserted 9 June 1995 section 8(2) Government Superannuation Fund Amendment Act 1995 Section 50B(6) inserted 9 June 1995 section 8(2) Government Superannuation Fund Amendment Act 1995 51: Computation of contributory service 1: Subject to the provisions of this section, for the purpose of computing the length of contributory service of any employee of the Cook Islands Public Service or the Niue Public Service or the Tokelau any of those Services 2: The foregoing provisions of this section shall not apply with respect to any period served by any such employee on or after 1 April 1931, unless after his having served for not less than 9 years or the Niue Public Service or the Tokelau partly in one of those Services and partly in 1 or more of the other Services Authority 2A: The foregoing provisions of this section shall not apply to any period served by any contributor as an employee of either the Cook Islands Public Service or the Niue Public Service or the Tokelau provided that this subsection shall not apply to any contributor who is or has been an employee of the Cook Islands Public Service or the Samoan Public Service 2B: For the purposes of subsections (1) and (2), the Authority or the Niue Public Service or the Tokelau 3: After the death of a contributor who at the date of his or her retirement or death was an employee of the Cook Islands Public Service or the Niue Public Service or the Tokelau any annuity payable under section 45 section 47 or widower's 4: In this section the term Samoan Public Service a: in respect of the period after the termination on 1 January 1962 of the Trusteeship Agreement for the Territory of Western Samoa, the service in any capacity of the Government of Western Samoa or of the Western Samoa Trust Estates Corporation: b: in respect of the period before that termination, the Western Samoan Public Service within the meaning of section 2 of the Samoa Amendment Act 1949, and service in any office in which the holder for the time being of the office was deemed under subsection (8) of section 50 1947 No 57 s 45; 1950 No 94 s 10 Section 51(1) amended 9 December 1976 section 3(8) Tokelau Amendment Act 1976 Section 51(1) amended 1 January 1969 section 16(1)(c) Tokelau Amendment Act 1967 Section 51(1) amended 1 January 1967 section 733(4)(d) Niue Act 1966 Section 51(1) amended 1 January 1967 section 733(4)(e) Niue Act 1966 Section 51(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 51(2) amended 9 December 1976 section 3(8) Tokelau Amendment Act 1976 Section 51(2) amended 1 January 1969 section 16(1)(c) Tokelau Amendment Act 1967 Section 51(2) amended 1 January 1969 section 16(1)(d) Tokelau Amendment Act 1967 Section 51(2) amended 1 January 1967 section 733(4)(d) Niue Act 1966 Section 51(2) amended 4 October 1957 Government Superannuation Fund Amendment Act 1957 Section 51(2A) inserted 22 October 1959 Government Superannuation Fund Amendment Act 1959 Section 51(2A) amended 9 December 1976 section 3(8) Tokelau Amendment Act 1976 Section 51(2A) amended 1 January 1969 section 16(1)(c) Tokelau Amendment Act 1967 Section 51(2A) amended 1 January 1967 section 733(4)(d) Niue Act 1966 Section 51(2A) amended 1 January 1967 section 733(4)(g) Niue Act 1966 Section 51(2B) inserted 22 October 1959 Government Superannuation Fund Amendment Act 1959 Section 51(2B) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 51(2B) amended 9 December 1976 section 3(8) Tokelau Amendment Act 1976 Section 51(2B) amended 1 January 1969 section 16(1)(c) Tokelau Amendment Act 1967 Section 51(2B) amended 1 January 1967 section 733(4)(d) Niue Act 1966 Section 51(3) amended 29 March 1985 section 22(1) Government Superannuation Fund Amendment Act 1985 Section 51(3) amended 9 December 1976 section 3(8) Tokelau Amendment Act 1976 Section 51(3) amended 1 January 1969 section 16(1)(c) Tokelau Amendment Act 1967 Section 51(3) amended 1 January 1967 section 733(4)(d) Niue Act 1966 Section 51(3) amended 14 December 1962 section 12(3)(b) Government Superannuation Fund Amendment Act 1962 Section 51(4) inserted 1 December 1961 section 6(2) Government Superannuation Fund Amendment Act 1961 51A: Computation of refunds for redundant employees of Niue Public Service Where the cessation of service at any time after 1 June 1991 of any contributor from the Niue Public Service is compulsory for any reason other than misconduct, section 42 a: the total amount of the contributor's contributions to the Fund (less any sums already received by the contributor from the Fund); and b: the total amount paid to the Fund in respect of that contributor by the Niue Government under section 95(2) c: a sum by way of interest on both of the total amounts referred to in paragraphs (a) and (b), computed in the same manner as provided for in section 42(3) Section 51A inserted 1 July 1992 section 7 Government Superannuation Fund Amendment Act (No 2) 1992 Education service 52: Contributors entitled to pensions from university 1: Where any contributor, on retirement from the service of any university in New Zealand university college of agriculture university college of agriculture 2: Where any such agreement is still in force the university or university college of agriculture Section 52 replaced 22 October 1959 Government Superannuation Fund Amendment Act 1959 Section 52(1) amended 1 November 1976 section 36(1) Government Superannuation Fund Amendment Act 1976 Section 52(1) amended 1 January 1962 Universities Act 1961 Section 52(2) amended 1 January 1962 Universities Act 1961 52A: University contributors entering approved external employment 1: In this section the term approved external employment 2: Where any contributor who is in the education service under any university or university college of agriculture a: to continue to contribute to the Fund on the basis set out in subsection (5) after his retirement for a period not exceeding 5 years so long as he remains in approved external employment: b: to postpone, for such period or periods while he remains in approved external employment as the controlling authority approves, the acceptance by him of a refund of the contributions made by him to the Fund. 3: Except with the approval of the Authority a: every initial election under subsection (2) in respect of any period shall be delivered to the Authority b: every subsequent election under subsection (2) which is made by a contributor who has continued to contribute to the Fund in respect of any period of approved external employment shall be delivered to the Authority 4: The period during which any person continues to contribute to the Fund under this section shall be deemed for the purpose of this Act to be contributory service; and he shall be deemed to receive during that period the salary on the basis of which he was contributing immediately before his retirement. 5: In respect of his contributory service during the last-mentioned period, every contributor shall pay into the Fund within such time and in such manner as the Authority a: the contributions payable by him under this Act; and b: the amount by which those contributions are less than the amount certified by the Authority, after receiving advice from an actuary, 6: Except with the consent of the Authority 7: Where any contributor re-enters the education service immediately following the termination of any period of approved external employment,— a: if he continued to contribute to the Fund during that period, he may continue to contribute to the Fund upon his re-entry into the education service: b: if an election by him to postpone the acceptance of a refund of the contributions made by him to the Fund continued until the end of that period, that election shall be deemed to extend for a further period of 5 years after the date of his re-entry into the education service: provided that the contributor may, with the approval of the controlling authority, at any time during that further period, elect in writing to resume contributing to the Fund as from the date of the election or some subsequent date within that further period. 8: Any period of postponement approved by the controlling authority under subsection (2), and any extension of that period under subsection (7), may be at any time terminated by the contributor by notice in writing addressed to the Authority period of postponement 9: An election may be made under this section after any second or subsequent retirement from, or re-entry to, the education service, whether or not the period to which the elections relate in the aggregate exceeds 5 years. 10: If on the termination of any period of postponement the contributor, before he has accepted a retiring allowance or a refund of his contributions, recommences to contribute to the Fund, the period of his contributory service before the commencement of that period of postponement shall be deemed, for the purpose of determining his percentage rate of contribution for the second or subsequent period under section 29 11: The contributor shall be deemed to continue to be a contributor to the Fund during any period of postponement: provided that no contributions shall be payable by the contributor to the Fund, and no payments shall be made to the contributor for his own benefit out of the Fund in respect of any period of postponement or any part thereof, and no part of any such period shall be regarded as part of the period of his contributory service: provided also that the provisions of section 36 12: Any contributor to whom section 35 13: Where any contributor dies during a period of postponement or while the contributor is contributing to the Fund under paragraph (a) of subsection (2), the provisions of sections 45 47 14: Where any contributor retires, for whatever reason, from approved external employment before section 35 section 42 section 36 Section 52A inserted 22 October 1959 Government Superannuation Fund Amendment Act 1959 Section 52A(2) amended 1 January 1962 Universities Act 1961 Section 52A(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 52A(3)(a) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 52A(3)(b) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 52A(5) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 52A(5)(b) amended 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 52A(6) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 52A(8) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 52A(13) amended 29 March 1985 section 22(1) Government Superannuation Fund Amendment Act 1985 52B: Contributors to Federated Superannuation Scheme for Universities 1: Where any person becomes employed in the education service by any university or university college of agriculture or any other superannuation scheme for the time being approved by the Governor-General by Order in Council for the purposes of this section a Crown Bank Account university college of agriculture 2: No person shall be entitled to elect to become a contributor or to contribute to the Fund in respect of any period in respect of which the employer's subsidy under the superannuation scheme a Crown Bank Account a: for the purposes of determining the person's rate of contribution to the Fund; and b: in determining any reduction of a retiring allowance relating to a previous period of contributory service that has been surrendered under section 91 3: Notwithstanding anything in subsection (11) of section 52A university college of agriculture superannuation scheme determining whether or not the person is entitled to receive a retiring allowance 4: The Governor-General may from time to time, by Order in Council,— a: approve for the purposes of this section any scheme established to provide superannuation for employees of a university of a country within the Commonwealth (other than New Zealand), or of an organisation constituted in a country within the Commonwealth (other than New Zealand) being an organisation engaged in research or educational service: b: declare that this section shall apply to a teacher or group of teachers in the education service as if the teacher or group of teachers was employed by a university in New Zealand 5: An order under subsection (4) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives, unless it relates exclusively to an individual (in which case a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 52B inserted 22 October 1959 Government Superannuation Fund Amendment Act 1959 Section 52B(1) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 52B(1) amended 1 January 1962 Universities Act 1961 Section 52B(1) amended 1 January 1962 Universities Act 1961 Section 52B(1) amended 25 October 1960 Government Superannuation Fund Amendment Act 1960 Section 52B(2) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 52B(2) amended 25 October 1960 Government Superannuation Fund Amendment Act 1960 Section 52B(2)(a) replaced 29 March 1985 section 12(1) Government Superannuation Fund Amendment Act 1985 Section 52B(2)(b) replaced 29 March 1985 section 12(1) Government Superannuation Fund Amendment Act 1985 Section 52B(3) amended 29 March 1985 section 12(2) Government Superannuation Fund Amendment Act 1985 Section 52B(3) amended 1 January 1962 Universities Act 1961 Section 52B(3) amended 25 October 1960 Government Superannuation Fund Amendment Act 1960 Section 52B(4) inserted 25 October 1960 Government Superannuation Fund Amendment Act 1960 Section 52B(4)(b) amended 1 November 1976 section 36(1) Government Superannuation Fund Amendment Act 1976 Section 52B(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 53: Teachers in endowed colleges or schools Subject to the consent of the Authority Superannuation Act 1947 1947 No 57 s 50 Section 53 amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 54: Teachers and education administrators serving in Pacific area 1: Subject to the consent of the Authority Superannuation Act 1947 2: For the purposes of this section the term education administrator Section 54 replaced 24 November 1967 Government Superannuation Fund Amendment Act 1967 Section 54(1) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Employees of service organisations 55: Employees of service organisations Subject to the consent of the Authority Superannuation Act 1947 1947 No 57 s 52 Section 55 amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Allowances 56: Allowances may be declared to be salary Section 56 repealed 29 March 1985 section 22(3) Government Superannuation Fund Amendment Act 1985 57: Refund of contributions on allowances no longer included in salary Section 57 repealed 29 March 1985 section 22(3) Government Superannuation Fund Amendment Act 1985 58: Value of benefits for house, board, or lodging may be added to salary 1: 2: Where, in respect of any period after the commencement of this Act, any contributor enjoys, whether free of charge or otherwise, a concession or benefit in respect of his employment by way of board or lodging for himself or his family, or by the use of a house, or by way of an allowance instead of being so provided with board or lodging or the use of a house, the contributor may, with the approval of the Authority Authority as determined by the Authority provided that this subsection shall not apply with respect to a lodging allowance paid to any contributor by reason of his being stationed away from his home: provided also that every contributor who on 31 March 1957 was contributing in respect of the value of any concession or benefit under section 55 of the Superannuation Act 1947 shall be deemed to have made an election under this subsection to contribute in respect of the value of that concession or benefit. 3: Every decision of the Authority 4: Where an election is made under this section, the Authority Authority Authority 5: So long as any person who makes an election under this section continues to be a contributor to the Fund and to enjoy the concession or benefit he shall not be permitted to discontinue his contributions in respect of the concession or benefit. 6: Section 89C section 55 of the Superannuation Act 1947 1947 No 57 s 55 1948 No 79 s 13 1950 No 94 s 12 Section 58(1) repealed 1 October 1995 section 9(1) Government Superannuation Fund Amendment Act 1995 Section 58(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 58(2) amended 1 October 1995 section 9(2) Government Superannuation Fund Amendment Act 1995 Section 58(2) amended 1 October 1995 section 9(3) Government Superannuation Fund Amendment Act 1995 Section 58(2) second proviso inserted 22 October 1959 Government Superannuation Fund Amendment Act 1959 Section 58(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 58(4) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 58(6) amended 29 March 1985 section 22(1) Government Superannuation Fund Amendment Act 1985 Miscellaneous provisions 59: Computation of salaries of overseas representatives and their officers Where any head of mission or head of post within the meaning of the Foreign Affairs Act 1988 section 6 Authority Section 59 replaced 1 October 1995 section 10 Government Superannuation Fund Amendment Act 1995 Section 59 amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 60: Contributions to Fund may be applied in restitution of public money misappropriated by contributor 1: Where any contributor to the Fund has, whether before or after the commencement of this Act, been convicted in New Zealand or elsewhere on a charge of theft or misappropriation of any public money or public stores, the Minister of Finance may, by writing under his hand, direct that any money standing to the credit of the contributor in the Fund shall from time to time be applied in whole or in part towards the maintenance of the spouse or partner the Family Proceedings Act 1980 2: If the Minister is satisfied that any such money is not required for any of the aforesaid purposes, he may direct that it be applied in whole or in part in restitution of the amount or value of the money or stores misappropriated or stolen. 3: Every direction under this section shall be given effect to, notwithstanding anything to the contrary in section 92 1947 No 57 s 57 Section 60(1) amended 26 April 2005 section 8 Government Superannuation Fund Amendment Act 2005 Section 60(1) amended 1 October 1981 section 189(3) Family Proceedings Act 1980 60A: Reactivation of contributory service 1: If at any time after 31 March 1975 and while any contributor is living and under the age of 50 years he ceases to be eligible to contribute to the Fund in accordance with the provisions of this Act before he becomes entitled to a retiring allowance, he may (in addition to any other course available to him) elect to leave all his contributions in the Fund on a contingent basis. 2: Where a contributor so elects, he may, at any time thereafter, elect to uplift the amount so left by him in the Fund. 3: In any case where a contributor has ceased to be eligible to contribute to the Fund and has left his contributions in the Fund,— a: if at the time when he attains the age of 50 years or at the sooner expiration of the period of 15 years from the time when he ceased to be a contributor to the Fund or of such shorter period as the Authority b: if he again becomes a contributor to the Fund while he is under the age of 50 years and before the expiration of the said 15 years or the said shorter period, his contributions shall not be refunded to him, and his previous period of contributory service shall be reactivated and count as continuous contributory service for the purpose of calculating benefits under this Act, but shall be discounted in the following manner: i: a discount of 1.25% for each complete year of the period of his ineligibility for which he has a corresponding period of contributory service that will be reactivated in accordance with this section, and of a relative proportion of that percentage in respect of any ii: a discount of 2.25% for each complete year of the period of his ineligibility that is in excess of his period of contributory service that will be reactivated in accordance with this section, and of a relative proportion of that percentage in respect of any 4: Any such period of discounted contributory service shall be deemed to precede immediately the date on which the person again became a contributor to the Fund; and the contributor's rate of contributions to the Fund after he again becomes a contributor thereto shall be determined according to his age at the date when his period of discounted contributory service is deemed to commence. 5: Notwithstanding anything expressed or implied in the foregoing provisions of this section,— a: during any period when contributions of any former contributor are held in the Fund pursuant to the exercise of the option conferred by subsection (1) and while the former contributor is not eligible to contribute to the Fund, there shall be no liability for payment from the Fund of any allowance or annuity whatsoever in respect of those contributions: b: if during any such period the former contributor becomes medically unfit for further duty or dies, the amount left by him in the Fund shall be refunded to him or to his legal personal representative. 6: A contributor shall not be entitled to elect pursuant to any of the provisions of sections 23 24 Section 60A inserted 1 November 1976 section 10 Government Superannuation Fund Amendment Act 1976 Section 60A(3)(a) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 60A(3)(a) amended 1 April 1991 section 80 National Provident Fund Restructuring Act 1990 Section 60A(3)(b)(i) amended 9 June 1995 section 19(1) Government Superannuation Fund Amendment Act 1995 Section 60A(3)(b)(ii) amended 9 June 1995 section 19(1) Government Superannuation Fund Amendment Act 1995 61: Power to postpone superannuation rights of members of Parliament 1: Where any contributor to the Fund or to any superannuation fund abolished by the Superannuation Act 1947 has retired from the Government service for the purpose of becoming a candidate for a seat in the House of Representatives or by reason of the fact that he has become a member of Parliament he may elect to postpone 2: This section shall apply whether the contributor retired before or after the commencement of this Act, or before or after he is entitled to a retiring allowance, and whether his retirement was voluntary or pursuant to any Act or otherwise. 3: The period of postponement Authority is period of postponement 4: If the contributor is during the period of postponement appointed (whether permanently or temporarily) to the Government service and, during or after the period of postponement but before he has accepted a retiring allowance or a refund of his contributions, becomes a contributor to the Fund as from the date of that appointment, the period of his contributory service after that appointment shall for the purposes of this Part be deemed to be continuous with the period of his contributory service before his retirement. 5: The contributor shall be deemed to continue to be a contributor to the Fund during the period of postponement: provided that no contributions shall be payable by the contributor to the Fund, and no payments shall be made to the contributor for his own benefit out of the Fund, in respect of the period of postponement or any part thereof, and no part of that period shall be regarded as part of the period of his contributory service. 6: Notwithstanding the provisions of subsections (4) and (5), where the contributor has resumed employment in the Government service, he may, with the consent of the Authority 7: Where any contributor ceases to be a member of Parliament during the period of postponement, and at the time when he ceases to be a member of Parliament or thereafter during the period of postponement he is or becomes medically unfit for further duty within the meaning of subsection (4) of section 36 section 35 8: The provisions of subsections (2), (2A), (3), and (5) of section 36 9: Where any contributor dies during the period of postponement, the provisions of sections 45 47 1947 No 57 s 58 Section 61(1) amended 25 October 1960 Government Superannuation Fund Amendment Act 1960 Section 61(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 61(3) amended 25 October 1960 Government Superannuation Fund Amendment Act 1960 Section 61(3) amended 25 October 1960 Government Superannuation Fund Amendment Act 1960 Section 61(3) amended 25 October 1960 Government Superannuation Fund Amendment Act 1960 Section 61(6) inserted 22 October 1959 Government Superannuation Fund Amendment Act 1959 Section 61(6) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 61(7) inserted 25 October 1960 Government Superannuation Fund Amendment Act 1960 Section 61(8) inserted 25 October 1960 Government Superannuation Fund Amendment Act 1960 Section 61(9) inserted 25 October 1960 Government Superannuation Fund Amendment Act 1960 Section 61(9) amended 29 March 1985 section 22(1) Government Superannuation Fund Amendment Act 1985 2A: New Government service superannuation scheme Part 2A inserted 29 March 1985 section 13 Government Superannuation Fund Amendment Act 1985 Eligibility and contributions Heading inserted 29 March 1985 section 13 Government Superannuation Fund Amendment Act 1985 61A: Election to become contributor under this Part 1: Subject to this section, any person who is employed in the Government service, and is not for the time being a contributor to the Fund or required to contribute under any other Part of this Act, may elect to become a contributor to the Fund under this Part. 1A: No person shall be entitled to make any election under subsection (1) after 30 June 1992. 1B: 2: Subject to subsection (3), every election under subsection (1) shall take effect from— a: the date of the election; or b: the commencement of, or any date during, the contributor's period of continuous Government service immediately preceding the date of the election— at the option of the contributor. 3: No election under subsection (1) shall have effect in respect of any period of Government service before 1 May 1985. 4: Except with the consent of the Authority a: who is not a permanent full-time employee in the Government service; or b: in respect of any period during which the contributor was not a permanent full-time employee in the Government service; or c: whose permanent full-time employment in the Government service commences before the contributor attains the age of 50 years and who has not made the election under subsection (1) in respect of that service before the contributor attains that age or within 6 months after the commencement of that service, whichever is the later; or d: whose permanent full-time employment in the Government service commences after the contributor attains the age of 50 years, unless the election under subsection (1) in respect of that service is made within 6 months after the commencement of that service; or e: who has previously made more than 1 election under section 61R(1) f: who has ceased to be a contributor to the Fund by virtue of section 92G(1) Section 61A inserted 29 March 1985 section 13 Government Superannuation Fund Amendment Act 1985 Section 61A(1A) inserted 30 June 1991 Government Superannuation Fund Amendment Act (No 2) 1991 Section 61A(1B) repealed 1 October 1995 section 30 Government Superannuation Fund Amendment Act 1995 Section 61A(4) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 61AA: Special provisions in relation to elections made after 30 June 1992 1: Nothing in section 61A(1A) section 61E(4) 2: Nothing in section 61A(1A) a: that person was a contributor to the Fund under this Part in respect of a period of Government service that took place before 1 July 1992; and b: that person's contributions under this Part in respect of his or her previous period of Government service have remained, as a result of an election made by that person under section 61R(1)(c) section 61R(1)(c) Part 2A 3: Nothing in section 61A(1A) a: that person was a contributor to the Fund under this Part in respect of a period of Government service that took place before 1 July 1992; and b: that person's contributions under this Part in respect of his or her previous period of Government service have remained, as a result of an election made by that person under section 61S(1)(b) Section 61AA inserted 1 July 1992 section 8 Government Superannuation Fund Amendment Act (No 2) 1992 61B: Rate of contribution 1: The section 61A(1) 2: Section 61B inserted 29 March 1985 section 13 Government Superannuation Fund Amendment Act 1985 Section 61B(1) amended 1 July 2004 section 3(a) Government Superannuation Fund Amendment Act (No 2) 2003 Section 61B(2) repealed 1 July 2004 section 3(b) Government Superannuation Fund Amendment Act (No 2) 2003 61C: Contributor may elect to contribute in respect of prior service 1: Subject to subsection (2), where any contributor under this Part has service in the Government service that is not at present included in his contributory service, the contributor may elect to contribute to the Fund under this Part in respect of that service. 2: Except with the consent of the Authority Authority a: who is not a permanent full-time employee in the Government service; or b: in respect of any period during which the contributor was not a permanent full-time employee in the Government service; or c: who has attained the age of 50 years. 3: Where any contributor under this Part was, at the time of becoming a contributor under this Part, a contributor under section 30 4: Without limiting the power of the Authority a: on the salary received by the contributor in respect of that period; or b: as if the contributor received salary in respect of that period at the rate of salary payable to the contributor at the date of the election— whichever is the greater. Section 61C inserted 29 March 1985 section 13 Government Superannuation Fund Amendment Act 1985 Section 61C(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 61C(4) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 61D: Continuity of service for the purposes of this Part Where the Government service of any person has been interrupted it shall, for the purposes of this Part, to the extent that the Authority Section 61D inserted 29 March 1985 section 13 Government Superannuation Fund Amendment Act 1985 Section 61D amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Application of this Part to contributors under Part 2 Heading inserted 29 March 1985 section 13 Government Superannuation Fund Amendment Act 1985 61E: Contributors under Part 2 may become contributors under this Part 1: Any person who, immediately before 1 May 1985, is a contributor under Part 2 2: Any person who immediately before 1 May 1985 is a contributor under Part 2 Authority 3: Any person who, immediately before 1 May 1985, is a contributor under Part 2 4: The Authority a: allow any person to make an election under subsection (2) at any time after 1 November 1985, notwithstanding that the person has or is deemed to have elected to contribute to the Fund under this Part; and every such person shall pay to the Fund, within such period as the Authority Part 2 aa: allow any person who has made an election under subsection (2) to revoke that election and make an election under subsection (1): b: determine that subsections (1) and (2) shall apply to persons who are contributors to the Fund under Part 2 5: Every election made under subsection (1) or deemed to have been made under subsection (3) shall take effect on and from 1 May 1985, and the contributions payable by the contributors who make or are deemed to have made such elections and the benefits payable in respect of contributions by such contributors shall be calculated accordingly. 5A: Subsection (5) is subject, in the case of persons to whom section 30 and section 61P 6: Where any contributor has at any time made an election of postponement under section 61(1) 7: Where any contributor has made an election under subsection (6),— a: the contributor shall not be liable or entitled to pay any contributions under this Part until the contributor again becomes employed in the Government service; and b: any period for which contributions are not payable by virtue of paragraph (a) shall not constitute contributory service for the purposes of this Act. Section 61E inserted 29 March 1985 section 13 Government Superannuation Fund Amendment Act 1985 Section 61E(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 61E(4) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 61E(4)(a) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 61E(4)(aa) inserted 25 December 1986 section 11 Government Superannuation Fund Amendment Act 1986 Section 61E(5A) inserted 2 October 2001 section 12 Government Superannuation Fund Amendment Act 2001 61F: Rate of contributions by former contributors under Part 2 1: The contribution to be made by a contributor under this Part who made, or is deemed to have made, an election under section 61E 2: For the purposes of this section, where any contributor who makes or is deemed to have made an election under section 61E section 27 section 61 section 29(1)(a) 3: For the purposes of this section, where any contributor who makes or is deemed to have made an election under section 61E a: elected before 1 May 1985 under section 60A b: becomes a contributor to the Fund again before uplifting those contributions under that section,— the provision of section 29(1)(a) Part 2 section 60A(4) Section 61F inserted 29 March 1985 section 13 Government Superannuation Fund Amendment Act 1985 Section 61F(1) replaced 1 July 2004 section 4 Government Superannuation Fund Amendment Act (No 2) 2003 61G: Contribution rates where contributor under Part 2 was also contributing in respect of previous service Section 61G repealed 1 July 2004 section 5 Government Superannuation Fund Amendment Act (No 2) 2003 61H: Effect of contributions in respect of period before person becomes contributor Section 61H repealed 1 July 2004 section 5 Government Superannuation Fund Amendment Act (No 2) 2003 Benefits and withdrawal rights Heading inserted 29 March 1985 section 13 Government Superannuation Fund Amendment Act 1985 61I: Entitlement to retiring allowance 1: Every contributor to whom this section applies who ceases to be employed in the Government service shall, subject to this Part, thereafter be entitled to receive an annual retiring allowance calculated under section 61L 2: This section applies to all contributors under this Part who have attained the age of 60 years. 3: This section also applies to all contributors under this Part— a: who have made an election under section 61S(1)(d) b: who have made an initial election under section 61S(1)(d) 4: This section also applies to all contributors under this Part— a: who have attained the age of 50 years; and b: who have completed not less than 10 years' contributory service; and c: who have agreed in writing that this section should apply to them; and d: whose controlling authority has agreed in writing that this section should apply to them. Section 61I inserted 29 March 1985 section 13 Government Superannuation Fund Amendment Act 1985 61J: Retiring allowance of contributor who has been contributing since before 1946 1: Every contributor to whom this section applies shall be entitled to receive an annual retiring allowance calculated under section 61L(1) 2: This section applies to all contributors under this Part who have been employed in the Government service continuously from a date before 1 January 1946, or whose period of contributory service commenced before 1 January 1946 and is of not less than 40 years' duration. Section 61J inserted 29 March 1985 section 13 Government Superannuation Fund Amendment Act 1985 61K: Retiring allowance where contributor medically unfit 1: Every contributor who, before becoming entitled under section 61I(2) section 61L(1) 2: The Authority a: the contributor resumes employment, whether in the Government service or elsewhere, or becomes gainfully self-employed; or b: the contributor has ceased to be medically unfit for further duty, and fails to accept any employment offered by a controlling authority that is considered by the Authority c: the Authority d: the contributor fails without sufficient justification to submit himself for medical examination when and as often as required by the Authority e: the Authority 3: Any suspension, reduction, or cancellation of a retiring allowance under subsection (2) shall cease when the contributor attains the age of 60 years. 4: For the purposes of this section, a contributor shall be considered to be medically unfit for duty if, on the certificate of at least 2 Authority Authority Authority 5: Any decision of the Authority sections 61N 61O 61Q 6: This section shall apply to all persons who have elected that section 61R(1)(c) Section 61K inserted 29 March 1985 section 13 Government Superannuation Fund Amendment Act 1985 Section 61K(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 61K(2)(b) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 61K(2)(c) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 61K(2)(d) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 61K(2)(e) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 61K(4) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 61K(4) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 61K(5) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 61K(6) amended 1 July 1991 section 9(3) Government Superannuation Fund Amendment Act (No 2) 1990 61L: Computation of retiring allowance 1: The retiring allowance of every contributor to the Fund who is entitled under section 61I section 61J section 61K 1A: For the purposes of subsection (1),— appropriate percentage a: plus 0.002% in respect of every month or part of a month before the retirement during which the contributor is over the age of 60 years but under the age of 65 years; or b: less, in the case of a retiring allowance to which the contributor is entitled under subsection (3) or subsection (4) of section 61I,— i: 0.004% in respect of every month or part of a month after the date of retirement during which the contributor is of or over the age of 55 years but under the age of 60 years; and ii: 0.002% in respect of every month or part of a month after the date of retirement during which the contributor is under the age of 55 years pension percentage P × (0.7 + (0.014 × t)) where— P is the appropriate percentage multiplied by the number of years (including fractions of a year) of contributory service: t is the number, if any, of years (including fractions of a year) by which the date on which the retiring allowance commences to be payable precedes 1 October 1999. 2: 3: Where a contributor's contributory service includes employment otherwise than on a full-time basis the length of the contributory service shall, for the purposes of Authority 4: A contributor who is entitled under section 61I(4) a: the contributor making the election before attaining the age of 60; and b: the contributor complying with any terms and conditions set by the Authority, including making any payments into the Fund that the Authority thinks fit to impose for the purpose of funding the increased benefit which will result from the election; and c: the maximum amount of the retiring allowance being the amount calculated under subsection (1) as if the contributor had retired at the age stated in the election. 5: 6: For the purposes of this section— earnings final average earnings a: the final average earnings of a contributor computed in accordance with the following formula: FAE = {[E1 × (P5 ÷ P1)] + [E2 × (P5 ÷ P2)] + [E3 × (P5 ÷ P3)] + [E4 × (P5 ÷ P4)] + E5} ÷ 5 where— FAE is the final average earnings: E5 is the earnings of the contributor in respect of the 12 months ending with the day before the day on which the contributor is entitled to receive a retiring allowance: E4 is the earnings of the contributor in respect of the 12 months immediately before E5: E3 is the earnings of the contributor in respect of the 12 months immediately before E4: E2 is the earnings of the contributor in respect of the 12 months immediately before E3: E1 is the earnings of the contributor in respect of the 12 months immediately before E2: P5 is the index number of the Consumers P4 is the index number of the Consumers P3 is the index number of the Consumers P2 is the index number of the Consumers P1 is the index number of the Consumers b: the earnings of the contributor in respect of the 12 months ending with the day before the day on which the contributor is entitled to receive a retiring allowance— whichever is the lesser. 7: Notwithstanding subsection (6), where a contributor's contributory service has not been continuous during the 5 years immediately before the day on which the contributor becomes entitled to receive a retiring allowance, and the contributor has paid contributions in respect of all or part of the period of 12 months immediately before that day, the contributor's final average earnings shall comprise— a: the contributor's final average earnings as determined under paragraph (a) of the definition of the term final average earnings in subsection (6); and b: one-fifth of the contributor's earnings before that 5 year period for a period equal to the period of interruption of the contributory service, as adjusted by the Authority index number of the Consumers but shall not exceed the earnings of the contributor during the 12 months immediately before the day on which the contributor is entitled to receive a retiring allowance, increased to an annual basis in any case where the contributor did not pay contributions in respect of the whole of that period. 8: Notwithstanding subsection (6), where a contributor's contributory service has not been continuous during the 5 years immediately before the day on which the contributor becomes entitled to receive a retiring allowance, and the contributor has not paid contributions in respect of any part of the 12 months immediately preceding that day, the contributor's final average earnings shall comprise— a: the contributor's final average earnings as determined under paragraph (a) of the definition of the term final average earnings in subsection (6); and b: one-fifth of the contributor's earnings before that 5 year period for a period equal to the period of interruption of the contributory service as adjusted by the Authority index number of the Consumers but shall not in any event exceed the earnings of the contributor during the 12 months immediately before the day on which the last interruption to the contributor's contributory service commenced, increased to an annual basis in any case where the contributor did not pay contributions in respect of the whole of that period; and further increased by the percentage (if any) as certified by the Government Statistician by which the index number of the Consumers 9: Where a contributor's contributory service is less than 5 years, the formula in subsection (6)(a) shall apply as if the expression ÷ 5 × a/b a b Section 61L inserted 29 March 1985 section 13 Government Superannuation Fund Amendment Act 1985 Section 61L(1) replaced 1 April 1990 section 13(1) Government Superannuation Fund Amendment Act 1990 Section 61L(1A) inserted 1 April 1990 section 13(1) Government Superannuation Fund Amendment Act 1990 Section 61L(2) repealed 25 December 1986 section 12(1) Government Superannuation Fund Amendment Act 1986 Section 61L(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 61L(3) amended 1 April 1990 section 13(2) Government Superannuation Fund Amendment Act 1990 Section 61L(4) replaced 2 October 2001 section 13 Government Superannuation Fund Amendment Act 2001 Section 61L(5) repealed 1 April 1988 section 12(2) Government Superannuation Fund Amendment Act 1988 Section 61L(6) appropriate percentage repealed 1 April 1990 section 13(3) Government Superannuation Fund Amendment Act 1990 Section 61L(6) final average earnings amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 61L(7)(b) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 61L(7)(b) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 61L(8) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 61L(8)(b) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 61L(8)(b) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 61L(9) inserted 25 December 1986 section 12(3) Government Superannuation Fund Amendment Act 1986 61M: Benefits where contributor under this Part dies before becoming entitled to retiring allowance and leaves spouse or partner 1: Where any contributor under this Part dies before becoming entitled to a retiring allowance and leaves a spouse or partner or partner or partner a: a lump sum being— i: 1 year's salary of the contributor calculated at the rate of salary payable to the contributor when the contributor was last a contributor to the Fund; or ii: a refund of the contributor's contributions to the Fund including interest, as if the contributor had ceased Government service on the date of the contributor's death and made an election under section 61S(1)(a) whichever is the greater, and the spouse or partner b: both— i: a lump sum, being not more than 80% of the maximum sum that the contributor could have elected to receive under section 91 ii: an annuity at one-half of the rate of the retiring allowance to which the deceased contributor would have been entitled if the contributor had retired on the date of the contributor's death on the ground of medical unfitness for further duty, reduced by the same proportion as the proportion of the retiring allowance which the contributor would have had to surrender under section 91 2: Every election under subsection (1) shall be made in writing delivered to the Authority or partner 3: The entitlement of any spouse or partner relationship status or partner Section 61M inserted 29 March 1985 section 13 Government Superannuation Fund Amendment Act 1985 Section 61M heading amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 61M(1) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 61M(1)(a) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 61M(1)(b) replaced 1 April 1988 section 8 Government Superannuation Fund Amendment Act 1988 Section 61M(2) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 61M(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 61M(3) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 61M(3) amended 26 April 2005 section 4(3) Government Superannuation Fund Amendment Act 2005 61N: Benefits where contributor under this Part dies after becoming entitled to retiring allowance and leaves spouse or partner 1: Where any contributor under this Part dies after becoming entitled to a retiring allowance and leaves a spouse or partner or partner or partner or partner a: the amount that the contributor would have been entitled to receive if the contributor had made an election under section 61S(1)(a) b: an annuity at one-half of the rate of the retiring allowance to which the deceased contributor was entitled at the date of the contributor's death disregarding the effect of any election made under section 40 section 48 section 61T(2) 2: Where any contributor under this Part or partner or partner or partner or partner a: the amount that the contributor would have been entitled to receive if the contributor had made an election under section 61S(1)(a) b: an annuity being the appropriate proportion of the retiring allowance to which the deceased contributor was entitled at the date of the contributor's death , disregarding the effect of any election made under section 40 section 48 section 61T(2) i: 10% of that allowance where the contributor dies less than 2 years after the spouse or partner or partner ii: 20% of that allowance where the contributor dies 2 or more years but less than 3 years after the spouse or partner or partner iii: 30% of that allowance where the contributor dies 3 or more years but less than 4 years after the spouse or partner or partner iv: 40% of that allowance where the contributor dies 4 or more years but less than 5 years after the spouse or partner or partner v: 50% of that allowance where the contributor dies 5 or more years after the spouse or partner or partner 3: Every election under subsection (1) or subsection (2) shall be made in writing delivered to the Authority or partner 4: The entitlement of any spouse or partner relationship status or partner Section 61N inserted 29 March 1985 section 13 Government Superannuation Fund Amendment Act 1985 Section 61N heading amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 61N(1) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 61N(2) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 61N(2) amended 1 April 1988 section 9(1) Government Superannuation Fund Amendment Act 1988 Section 61N(2)(b) amended 1 April 1988 section 9(2) Government Superannuation Fund Amendment Act 1988 Section 61N(2)(b)(i) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 61N(2)(b)(ii) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 61N(2)(b)(iii) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 61N(2)(b)(iv) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 61N(2)(b)(v) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 61N(3) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 61N(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 61N(4) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 61N(4) amended 26 April 2005 section 4(3) Government Superannuation Fund Amendment Act 2005 61O: Benefit where contributor under this Part dies without leaving spouse or partner 1: Where any contributor under this Part dies whether before or after becoming entitled to a retiring allowance and does not leave a spouse or partner a: where the contributor dies before becoming entitled to a retiring allowance, the contributor's contributions to the Fund, including interest, as if the contributor had ceased Government service on the date of the contributor's death and made an election under section 61S(1)(a) b: where the contributor dies after becoming entitled to a retiring allowance, the amount that the contributor would have been entitled to receive if the contributor had made an election under section 61S(1)(a) 2: Any money payable out of the Fund under subsection (1) to the personal representatives of a deceased contributor may, if no grant of probate or of letters of administration is obtained within 3 months after the death of the contributor, be paid to Public Trust Section 61O inserted 29 March 1985 section 13 Government Superannuation Fund Amendment Act 1985 Section 61O heading amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 61O(1) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 61O(2) amended 1 March 2002 section 170(1) Public Trust Act 2001 61P: Reduction of allowance or annuity where contributor was a contributor under section 30 1: Where any contributor who has made or is deemed to have made an election under section 61E section 30 2: Nothing in subsection (1) shall apply in respect of any allowance payable to a child under section 61Q Section 61P inserted 29 March 1985 section 13 Government Superannuation Fund Amendment Act 1985 61Q: Children's allowance 1: Where any contributor under this Part dies, whether before or after becoming entitled to a retiring allowance, and leaves a child or children under the age of 16 years, there shall be paid out of the Fund to or on behalf of every such child an allowance at the rate calculated under subsection (7) until the child attains the age of 16 years. 2: Where a child of a deceased contributor under this Part has attained the age of 16 years and would be entitled to an allowance under subsection (1) if that child had not attained that age the Authority Authority a: for assisting in the education of that child, up to the end of the calendar year in which the child attains the age of 18 years: b: where the child has a physical or mental disability that prevents the child from earning a living, for such period as the Authority 3: No allowance shall be paid to any child of a deceased contributor under this section if an allowance is already payable to that child under this section as the child of another contributor. 4: Where an allowance is payable to any child under section 47 5: Any money payable out of the Fund under this section to or on behalf of a child of a deceased contributor may, at the discretion of the Authority Authority Public Trust Public Trust 6: Any receipt given by an infant or any other person for any money paid under the authority of this section shall be a good discharge to the Authority 7: The rate of the allowance payable each financial year to or on behalf of any child under this section shall be— $1,000 × (A ÷ B) where— A is the index number of the Consumers B is the index number of the Consumers Section 61Q inserted 29 March 1985 section 13 Government Superannuation Fund Amendment Act 1985 Section 61Q(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 61Q(2)(b) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 61Q(5) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 61Q(5) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 61Q(6) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 61Q(7) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 61R: Right to cease to be contributor 1: Any contributor under this Part may at any time deliver to the Authority on the expiration of the day on which the notice is received by the Authority a: elects to receive from the Fund a refund without interest of the total amount of the contributor's contributions to the Fund (less any amounts already received by the contributor from the Fund); or b: elects, subject to regulations made under section 97 i: a deferred pension; or ii: a deferred lump sum,— in accordance with those regulations; or c: if the contributor will not have attained the age of 50 years on the expiration of that period, elects to leave the contributor's contributions in the Fund, subject to the right to elect to take a refund under subsection (5). 2: 3: 4: The contributor ceases to be a contributor to the Fund on the expiration of the day on which the notice is received by the Authority and, if the contributor elected to take a refund, that refund must be paid pursuant to the election as soon as practicable after that. 4A: Notwithstanding anything to the contrary in this Act, nothing in this Part shall apply in respect of any period of Government service after the effective date of an election under subsection (1)(b). 5: Any person who has made an election under subsection (1)(c) may at any time elect to have paid to the person the amount left by the person in the Fund, which shall be paid to the person without interest, except to the extent that the person qualifies under section 61S 6: In any case where a person has left contributions in the Fund under subsection (1)(c) a: if, at the time when the person attains the age of 50 years, the person has not again become a contributor to the Fund, the amount so left by the person in the Fund shall be refunded to the person without interest except to the extent that the person qualifies under section 61S b: if the person again becomes a contributor to the Fund before attaining the age of 50 years, the person's contributions shall not be refunded to the person, and the person's previous record of contributory service shall be reactivated and count as continuous contributory service for the purpose of calculating benefits under this Act, but shall be discounted in the following manner: i: a discount of 1.25% for each complete year of the period of the person's ineligibility to be a contributor for which the person has a corresponding period of contributory service that will be reactivated in accordance with this section, and of a relative proportion of that percentage in respect of any ii: a discount of 2.25% for each complete year of the period of the person's ineligibility to be a contributor that is in excess of the person's period of contributory service that will be reactivated in accordance with this section, and of a relative proportion of that percentage in respect of any 7: Any such period of discounted contributory service shall be deemed to precede immediately the date on which the person again became a contributor to the Fund. 8: While any contributions are held in the Fund under this section on behalf of a person who has ceased to be a contributor and who dies before again becoming a contributor,— a: sections 61M 61Q or partner or partner or partner i: a refund of the contributor's contributions to the Fund increased in respect of contributions paid in respect of any period after 1 May 1985 under this Part by 0.25% for every month beginning on or after 1 May 1985 between the date on which the contributor became a contributor under this Part and the date of the contributor's death; or ii: an annuity at one-half of the rate of the retiring allowance to which the deceased contributor would have been entitled if the contributor had become entitled to a retiring allowance under section 61I(4) and the entitlement of the spouse or partner relationship status or partner b: sections 61O 61Q or partner 9: For the purposes of determining the retiring allowance that would have been payable to any person in any case to which subsection (8) applies, the retiring allowance shall be calculated under section 61L as if the person was entitled to a retiring allowance under section 61I(4) a: the contributor's final average earnings shall be determined under section 61L b: the final average earnings shall be increased by the percentage (if any) as certified by the Government Statistician by which the index number of the Consumers c: for the purposes of the definition of appropriate percentage in section 61L(1A) 10: Where any contributions are refunded under this section the refund shall include any amount payable to or in respect of the contributor under section 35(1) Section 61R inserted 29 March 1985 section 13 Government Superannuation Fund Amendment Act 1985 Section 61R(1) replaced 1 July 1991 section 9(1) Government Superannuation Fund Amendment Act (No 2) 1990 Section 61R(1) amended 2 October 2001 section 14(1) Government Superannuation Fund Amendment Act 2001 Section 61R(1) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 61R(1)(b) replaced 1 October 1995 section 11(1) Government Superannuation Fund Amendment Act 1995 Section 61R(2) repealed 1 October 1995 section 11(2) Government Superannuation Fund Amendment Act 1995 Section 61R(3) repealed 2 October 2001 section 14(2) Government Superannuation Fund Amendment Act 2001 Section 61R(4) replaced 2 October 2001 section 14(2) Government Superannuation Fund Amendment Act 2001 Section 61R(4A) inserted 1 October 1995 section 30 Government Superannuation Fund Amendment Act 1995 Section 61R(5) replaced 1 July 1991 section 9(1) Government Superannuation Fund Amendment Act (No 2) 1990 Section 61R(6) amended 1 July 1991 section 9(4) Government Superannuation Fund Amendment Act (No 2) 1990 Section 61R(6)(a) amended 1 April 1991 section 80 National Provident Fund Restructuring Act 1990 Section 61R(6)(b)(i) amended 9 June 1995 section 19(1) Government Superannuation Fund Amendment Act 1995 Section 61R(6)(b)(ii) amended 9 June 1995 section 19(1) Government Superannuation Fund Amendment Act 1995 Section 61R(8)(a) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 61R(8)(a) amended 26 April 2005 section 4(3) Government Superannuation Fund Amendment Act 2005 Section 61R(8)(a)(ii) amended 1 April 1988 section 10(1) Government Superannuation Fund Amendment Act 1988 Section 61R(8)(b) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 61R(9) amended 1 April 1988 section 10(2) Government Superannuation Fund Amendment Act 1988 Section 61R(9)(b) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 61R(9)(c) replaced 1 April 1988 section 10(3) Government Superannuation Fund Amendment Act 1988 Section 61R(9)(c) amended 1 April 1990 section 13(4) Government Superannuation Fund Amendment Act 1990 61S: Rights and benefits where contributor ceases Government service 1: Where the Government service of any contributor under this Part ceases for any reason (other than the death of the contributor) the contributor may— a: elect to receive a refund of the contributor's contributions to the Fund (less any amounts already received by the contributor from the Fund) increased, in respect of contributions paid in respect of any period after 1 May 1985 under any Part of this Act other than Part 2 Part 3 Part 6 b: if the contributor has not attained the age of 50 years, make an election that section 61R(1)(c) c: if the contributor has not less than 10 years' contributory service, elect to have the transfer value of the contributor's contributions as determined in accordance with subsection (6), paid to any retirement scheme (within the meaning of section 6(1) d: if the contributor has not less than 10 years' contributory service, elect, not more than 6 months after the date of the contributor's ceasing to be in Government service or such extended period as the Authority when the contributor is not contributing to the Fund 2: Every election under subsection (1) may, subject to subsection (3), be revoked and the contributor may thereupon make an election under any other paragraph of that subsection. 3: Every election under subsection (1) shall be in writing delivered to the Authority 4: Where a contributor who has made an election under subsection (1)(d) dies before becoming entitled to a retiring allowance either because the contributor has not made the further election provided for in that paragraph or because the contributor dies before a date specified in such an election,— a: sections 61M 61Q or partner or partner or partner i: a refund of the contributor's contributions to the Fund increased in respect of contributions paid in respect of any period after 1 May 1985 under this Part by 0.25% for every month beginning on or after 1 May 1985 between the date on which the contributor became a contributor under this Part and the date of the contributor's death; or ii: an annuity at one-half of the rate of the retiring allowance to which the deceased contributor would have been entitled if the contributor had become entitled to a retiring allowance under section 61I(4) and the entitlement of the spouse or partner relationship status or partner b: sections 61O 61Q or partner 5: Where any contributor who is entitled to make an election under paragraph (a) or paragraph (b) or paragraph (c) of subsection (1) or an initial election under paragraph (d) of that subsection dies before making such an election, there shall be paid out of the Fund to the contributor's personal representatives in trust for the persons entitled to receive them under the contributor's will or the Acts relating to the distribution of intestate estates, as the case may be, the contributor's contributions, including interest, as if the contributor had made an election under subsection (1)(a) on the date of the contributor's death, and no person shall have any claim on the Fund for any allowance or annuity arising from the contributor's contributions to the Fund. 6: For the purposes of subsection (1)(c), the transfer value of a contributor's contributions shall be— a: the amount of the refund that the contributor would be entitled to receive if the contributor made an election under subsection (1)(a), increased by 10% of that amount for every complete year of the contributor's contributory service in excess of 10 years' contributory service, and an appropriate portion of 10% for any part year of such contributory service; or b: twice the amount of the refund that the contributor would be entitled to receive if the contributor had made an election under subsection (1)(a)— whichever is the lesser, and the amount that would be included in any refund of contributions payable to the contributor by virtue of section 35(1) 7: For the purposes of determining the retiring allowance payable to a person who has made an election under subsection (1)(d) to receive a retiring allowance, the retiring allowance shall be calculated under section 61L as if the person was entitled to a retiring allowance under section 61I(4) a: the contributor's final average earnings shall be determined under section 61L b: the final average earnings shall be increased by the percentage (if any) as certified by the Government Statistician by which the index number of the Consumers c: for the purposes of the definition of appropriate percentage in section 61L(1A) 8: For the purposes of determining the amount of any refund of contributions payable to or in respect of any contributor under any provision of this section other than subsection (6), the amount of the refund shall include any amount payable to or in respect of the contributor under section 35(1) Section 61S inserted 29 March 1985 section 13 Government Superannuation Fund Amendment Act 1985 Section 61S(1)(a) replaced 25 December 1986 section 13 Government Superannuation Fund Amendment Act 1986 Section 61S(1)(b) amended 1 July 1991 section 9(5) Government Superannuation Fund Amendment Act (No 2) 1990 Section 61S(1)(c) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 61S(1)(d) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 61S(1)(d) amended 1 April 1988 section 11(1) Government Superannuation Fund Amendment Act 1988 Section 61S(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 61S(4)(a) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 61S(4)(a) amended 26 April 2005 section 4(3) Government Superannuation Fund Amendment Act 2005 Section 61S(4)(a)(ii) amended 1 April 1988 section 11(2) Government Superannuation Fund Amendment Act 1988 Section 61S(4)(b) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 61S(7) amended 1 April 1988 section 11(3) Government Superannuation Fund Amendment Act 1988 Section 61S(7)(b) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 61S(7)(c) replaced 1 April 1988 section 11(4) Government Superannuation Fund Amendment Act 1988 Section 61S(7)(c) amended 1 April 1990 section 13(5) Government Superannuation Fund Amendment Act 1990 Application of other provisions Heading inserted 29 March 1985 section 13 Government Superannuation Fund Amendment Act 1985 61T: Sections to apply to contributors and contributions under this Part 1: Except as provided in subsection (2), nothing in Part 2 2: Sections 23A 25 32 33 37 40 42 43 48 52B 55 58 59 60 Section 61T inserted 29 March 1985 section 13 Government Superannuation Fund Amendment Act 1985 Section 61T(2) amended 9 June 1995 section 19(1) Government Superannuation Fund Amendment Act 1995 Section 61T(2) amended 1 April 1988 section 12(1) Government Superannuation Fund Amendment Act 1988 3: Superannuation of members of Armed Forces 62: Interpretation 1: For the purposes of this Part, unless the context otherwise requires,— contributing member or who is a regular serviceman Her Majesty's forces New Zealand forces permanent member of the regular forces permanent member regular forces regular serviceman salary 2: A person who received a refund of his contributions to the Fund or retired on a retiring allowance before 5 December 1951 shall not be deemed to have been a permanent member of the regular forces during any such subsequent period as is mentioned in the definition of the term permanent member of the regular forces in subsection (1) unless, within such period as the Authority 1947 No 57 s 60(1) 1951 No 65 ss 7, 9 Section 62(1) contributing member amended 1 November 1976 section 18(a) Government Superannuation Fund Amendment Act 1976 Section 62(1) regular forces replaced 1 November 1976 section 18(b) Government Superannuation Fund Amendment Act 1976 Section 62(1) regular serviceman inserted 1 November 1976 section 18(b) Government Superannuation Fund Amendment Act 1976 Section 62(1) Service Board repealed 1 April 1972 Defence Act 1971 Section 62(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 62A: Application of Part 3 Except as provided in Part 3A a: is a member of the regular forces on 5 December 1986; or b: has been a member of the regular forces and has not retired before 5 December 1986; or c: becomes a member of the regular forces after 5 December 1986. Section 62A inserted 25 December 1986 section 14 Government Superannuation Fund Amendment Act 1986 63: Application of Part 2 to permanent members of regular forces and regular servicemen 1: Subject to the provisions of this Part, the provisions of Part 2 and regular servicemen 2: The following provisions of Part 2 and regular servicemen subsection (3) of section 21 sections 22 23 24 26 paragraphs (d) and (e) of section 27 sections 28 36 subsection (5) of section 42 sections 44 58 3: In their application to permanent members of the regular forces and regular servicemen a: all references in this Act to the controlling authority shall be deemed to be references to the Chief of Defence Force b: section 25 section 66 National Provident Fund Act 1950 c: section 33 d: subsections (3) and (4) of section 42 12 provided that in the case of any contributor who was a permanent member on 24 November 1967 (being a contributor who on that date was serving under an engagement at the expiration of which he would have completed 8 years or more contributory service as a permanent member or who on or before that date had accepted the offer of further service under such an engagement), subsections (3) and (4) of the said section 42 section 7 of the Government Superannuation Fund Amendment Act 1967 1947 No 57 s 61; 1948 No 79 ss 14, 15; 1951 No 65 s 10 Section 63 heading replaced 1 November 1976 section 19 Government Superannuation Fund Amendment Act 1976 Section 63(1) amended 1 November 1976 section 19 Government Superannuation Fund Amendment Act 1976 Section 63(2) amended 1 November 1976 section 19 Government Superannuation Fund Amendment Act 1976 Section 63(3) amended 1 November 1976 section 19 Government Superannuation Fund Amendment Act 1976 Section 63(3)(a) amended 1 April 1990 section 102(5) Defence Act 1990 Section 63(3)(d) amended 24 November 1967 Government Superannuation Fund Amendment Act 1967 Section 63(3)(d) proviso inserted 21 November 1973 section 2(1) Government Superannuation Fund Amendment Act 1973 Section 63(3)(d) proviso amended 1 November 1976 section 3(3) Government Superannuation Fund Amendment Act 1976 63A: Rates of contribution to Fund of permanent members of regular forces and regular servicemen 1: Notwithstanding anything to the contrary in section 29 a: 7% if his age does not exceed 30 years at the commencement of his contributory service: b: 8% if his age at the commencement of his contributory service exceeds 30 years but does not exceed 35 years: c: 9% if his age at the commencement of his contributory service exceeds 35 years but does not exceed 40 years: d: 10% if his age at the commencement of his contributory service exceeds 40 years but does not exceed 45 years: e: 11% if his age at the commencement of his contributory service exceeds 45 years but does not exceed 50 years: f: 12% if his age at the commencement of his contributory service exceeds 50 years: provided that any permanent member of the regular forces or regular serviceman who on 1 April 1975 was subject to the provisions of either paragraph (a) of subsection (1) of section 29 section 2 section 2 or partner subsection (3) of section 13 provided also that where any permanent member of the regular forces or regular serviceman has at any time made an election under subsection (4) of section 2 section 4 section 2 section 11 section 29 2: 3: Notwithstanding the provisions of subsection (6) of section 2 Government Superannuation Fund Amendment Act 1969 section 4 Government Superannuation Fund Amendment Act 1970 or a regular serviceman on 1 April 1975 Authority 4: Every election under this section shall be made in writing delivered to the Authority Authority Section 63A inserted 20 October 1972 section 2(1) Government Superannuation Fund Amendment Act 1972 Section 63A heading replaced 1 November 1976 section 20 Government Superannuation Fund Amendment Act 1976 Section 63A(1) replaced 1 November 1976 section 20(1) Government Superannuation Fund Amendment Act 1976 Section 63A(1) first proviso amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 63A(2) repealed 1 November 1976 section 20(1) Government Superannuation Fund Amendment Act 1976 Section 63A(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 63A(3) amended 1 November 1976 section 3(3) Government Superannuation Fund Amendment Act 1976 Section 63A(3) amended 1 November 1976 section 20(2) Government Superannuation Fund Amendment Act 1976 Section 63A(4) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 63B: Flat rate contributions 1: Notwithstanding anything to the contrary in section 63A section 2 section 20 provided that, in respect of any period before 10 July 1975, the minimum contribution shall be 6.7% of his salary. 2: Every such election shall take effect— a: from the time when the contributor becomes a contributor if the election is made at that time; and b: in any other case, at the expiration of 6 months from the date of the receipt of the election. 3: Subject to subsection (4), any contributor who is contributing to the Fund on the basis specified in subsection (1) may at any time elect to contribute to the Fund on the basis specified in the said section 63A 4: Except with the consent of the Authority 5: Where a contributor contributes to the Fund on the basis specified in subsection (1) during any period of contributory service, every annuity or allowance payable to any person by reason of the contributor's contributions to the Fund for that period shall be reduced in accordance with the ratio that the actual percentage contribution paid bears to the percentage contribution that should have been paid pursuant to the said section 63A 6: Where a contributor who is contributing to the Fund on the basis specified in subsection (1) elects to contribute on the basis specified in the said section 63A a: from the expiration of 6 months from the date of the receipt of the election, the contributor shall be deemed to have contributed to the Fund on the basis specified in the said section 63A b: the contributor shall pay into the Fund within such time and in such manner as the Authority section 63A 7: Where any contributor was, at 31 March 1975 (by reason of an election under section 30 section 29 section 63A 8: Where any contributor is contributing or has contributed in respect of any period (by reason of an election under section 30 section 29 the basis specified in subsection (1) section 63A Section 63B inserted 1 November 1976 section 21 Government Superannuation Fund Amendment Act 1976 Section 63B(4) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 63B(6)(b) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 64: Provisions as to permanent members and regular servicemen becoming contributors 1: Every person who is or becomes a permanent member of the regular forces or a regular serviceman and is not a contributor to the Government Superannuation Fund shall become a contributor to that Fund on and after 1 April 1975 or the date of his becoming a permanent member or regular serviceman, whichever is the later: provided that any person to whom this subsection applies, being a person whose age at the date of enlistment was not less than 35 years and who is not a contributor to the Government Superannuation Fund, may, with the consent of the Chief of Defence Force 1A: Every such election shall be made within 6 months after the person concerned has become a permanent member of the regular forces or a regular serviceman, or within 6 months after the commencement of this subsection, whichever is the later: provided that any such election may, with the consent of the Chief of Defence Force 2: Subject to the provisions of this Part, any permanent member of the regular forces who was a permanent member at the commencement of this Part and is not a contributor to the Fund may, with the consent of the Authority a: from the date of his election; or b: from the commencement of the period of his continuous service as a permanent member immediately preceding the date of his election; or c: from any date during the period of that prior continuous service,— not being in any case a date before the day on which he attains the age of 17 years. 1947 No 57 s 63; 1948 No 79 ss 16, 17; 1951 No 65 s 11 Section 64 heading replaced 1 November 1976 section 22 Government Superannuation Fund Amendment Act 1976 Section 64(1) replaced 1 November 1976 section 22 Government Superannuation Fund Amendment Act 1976 Section 64(1) first proviso repealed 1 April 1991 section 80 National Provident Fund Restructuring Act 1990 Section 64(1) proviso amended 1 April 1990 section 102(5) Defence Act 1990 Section 64(1A) inserted 1 November 1976 section 22 Government Superannuation Fund Amendment Act 1976 Section 64(1A) proviso amended 1 April 1990 section 102(5) Defence Act 1990 Section 64(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 65: Election to contribute in respect of previous service in Her Majesty's forces 1: Subject to the provisions of this Part, where any contributing member has served as a member of any of Her Majesty's forces for any period or periods before the commencement of his contributory service as a permanent member of the regular forces or regular serviceman 2: Every election under this section shall be made within 6 months after the contributing member has become a permanent member of the regular forces or regular serviceman Authority 3: No election shall be made under this section so as to enable any contributing member— a: to contribute to the Fund in respect of any period of service for which he is receiving or has received any pension or retiring allowance: provided that such an election may be made with the consent of the Authority Authority b: to contribute to the Fund from any date before the date of his attaining the age of 17 years; or c: to contribute to the Fund in respect of any period of contributory service in excess of 10 years before the commencement of his actual continuous service as a permanent member of the regular forces or regular serviceman provided that paragraph (c) shall not apply to any election in so far as it relates to service as a permanent member of the regular forces or regular serviceman 4: No election shall be made under this section except with the consent of the Authority 1947 No 57 s 64 1948 No 79 ss 17, 18 1951 No 65 ss 11(b), 12, 13(1), (3) Section 65(1) amended 1 November 1976 section 23 Government Superannuation Fund Amendment Act 1976 Section 65(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 65(2) amended 1 November 1976 section 23 Government Superannuation Fund Amendment Act 1976 Section 65(3) proviso amended 1 November 1976 section 23 Government Superannuation Fund Amendment Act 1976 Section 65(3)(a) proviso inserted 22 October 1959 Government Superannuation Fund Amendment Act 1959 Section 65(3)(a) proviso amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 65(3)(c) amended 1 November 1976 section 23 Government Superannuation Fund Amendment Act 1976 Section 65(4) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 66: Provisions as to previous contributory service otherwise than in Her Majesty's forces 1: Where any contributing member was a contributor to the Fund, otherwise than as a permanent member of the regular forces or regular serviceman Authority provided that, where the contributing member was a contributor to the Fund as a permanent member of the regular forces or regular serviceman Authority section 68 or regular serviceman 2: Every election under this section shall be made within 6 months after the contributing member has become a permanent member of the regular forces or regular serviceman Authority provided that where he has become a permanent member or regular serviceman and unless he makes such an election any benefit which may become payable during that period shall be computed only as if he had remained a contributor under Part 2 3: Where any contributing member to whom this section applies, but who does not make an election as aforesaid, compulsorily retires as mentioned in section 68 Part 2 section 69 1947 No 57 s 66; 1948 No 79 ss 17, 19; 1951 No 65 ss 11(b), 13(2) Section 66(1) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 66(1) amended 1 November 1976 section 24(a) Government Superannuation Fund Amendment Act 1976 Section 66(1) proviso amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 66(1) proviso amended 1 November 1976 section 24(a) Government Superannuation Fund Amendment Act 1976 Section 66(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 66(2) amended 1 November 1976 section 24(a) Government Superannuation Fund Amendment Act 1976 Section 66(2) proviso amended 1 November 1976 section 24(b) Government Superannuation Fund Amendment Act 1976 Section 66(2) proviso amended 22 October 1959 Government Superannuation Fund Amendment Act 1959 Section 66(3) replaced 22 October 1959 Government Superannuation Fund Amendment Act 1959 66A: Contributions under special armed forces scheme by member with previous contributory service otherwise than in Armed Forces Where any permanent member of the regular forces or regular serviceman section 66 or regular serviceman section 63A Authority provided that the provisions of this section shall not apply in the case of any person who, pursuant to an election under subsection (4) of section 2 the Government Superannuation Fund Amendment Act 1969 provided also that where any person counts under the said section 66 National Provident Fund Act 1950 Authority section 2 the Government Superannuation Fund Amendment Act 1969 Section 66A inserted 20 October 1972 section 3 Government Superannuation Fund Amendment Act 1972 Section 66A amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 66A amended 1 November 1976 section 25(a) Government Superannuation Fund Amendment Act 1976 Section 66A amended 1 November 1976 section 25(b) Government Superannuation Fund Amendment Act 1976 Section 66A first proviso amended 1 November 1976 section 3(3) Government Superannuation Fund Amendment Act 1976 Section 66A second proviso amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 66A second proviso amended 1 November 1976 section 3(3) Government Superannuation Fund Amendment Act 1976 66B: Flying Qualification Pay and Surveying Pay Notwithstanding the abolition on 11 October 1977 of Flying Qualification Pay and Surveying Pay (as previously payable under determinations made by the Secretary of Defence pursuant to the State Services Remuneration and Conditions of Employment Act 1969), every contributing member who was contributing to the Fund in respect of Flying Qualification Pay or Surveying Pay on 10 October 1977 may, by giving notice in writing to the Authority Section 66B inserted 19 October 1978 Government Superannuation Fund Amendment Act 1978 Section 66B amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 67: General provisions as to elections 1: Every election under this Part shall be made in writing delivered to the Authority 2: No person shall be entitled to elect under this Part to become a contributor or to contribute to the Fund in respect of any period during which he was a defaulter within the meaning of the National Service Emergency Regulations 1940. 3: No person shall be entitled to elect under this Part to become a contributor or to contribute to the Fund in respect of any previous period of service as a permanent member of the regular forces not earlier than 1 April 1946, unless he repays, without interest, the amount of any gratuity paid to him in respect of that previous period of service in accordance with a scale of pay coming into force on or after that date. 4: Where any person elects under this Part to become a contributor or to contribute to the Fund in respect of any period before the date of his election he shall pay into the Fund within such time and in such manner as the Authority Authority provided that the Authority its provided also that all such periods and any earlier period of contributory service shall be added together to form one continuous period which shall be deemed immediately to precede the contributor's current period of contributory service and to form part thereof. 5: Where no actual liability has been imposed on the Fund by reason of an election made under this Part, the election may, with the consent of the Authority Authority Authority 1947 No 57 s 65; 1950 No 94 ss 4(2), 5(2), 6(2) Section 67(1) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 67(4) replaced 1 April 1961 Government Superannuation Fund Amendment Act 1959 Section 67(4) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 67(4) first proviso amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 67(5) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 68: Retiring allowance of permanent members or regular servicemen compulsorily retired 1: Every contributor who, being a permanent member or a regular serviceman section 35 including not more than 10 years of service other than actual service as a permanent member of the regular forces or a regular serviceman provided that, notwithstanding anything hereinbefore or hereinafter expressed, the Authority 2: For the purposes of this Part no retirement of a contributor from any Service before the expiration of the period of his engagement or before he attains the appropriate age for retirement, as the case may be, shall be deemed to be compulsory merely because the contributor is deprived of the position held by him in that Service if at any time within 3 months before the deprivation he has been offered and has failed or refused to accept some other position in the same Service which the Chief of Defence Force 3: For the purposes of this section the term Service 4: Every contributor who, being a permanent member or a regular serviceman Authority Authority Chief of Defence Force section 35 including not more than 10 years of service other than actual service as a permanent member of the regular forces or a regular serviceman provided that, if the Authority Authority provided also that the Authority its Authority provided further that, notwithstanding anything hereinbefore or hereinafter expressed, the Authority its 5: The Authority its 6: Any decision by the Authority sections 45 47 7: In any case where, under the provisions of subsection (4), the Authority a: for the purposes of the proviso to subsection (11) of section 48 b: for the purposes of section 91 1947 No 57 s 62; 1950 No 94 s 13 Section 68 heading replaced 1 November 1976 section 26 Government Superannuation Fund Amendment Act 1976 Section 68(1) amended 1 November 1976 section 26(a) Government Superannuation Fund Amendment Act 1976 Section 68(1) amended 1 November 1976 section 26(b) Government Superannuation Fund Amendment Act 1976 Section 68(1) amended 22 October 1959 Government Superannuation Fund Amendment Act 1959 Section 68(1) proviso inserted 1 November 1976 section 26(c) Government Superannuation Fund Amendment Act 1976 Section 68(1) proviso amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 68(2) amended 1 April 1990 section 102(5) Defence Act 1990 Section 68(4) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 68(4) amended 1 April 1990 section 102(5) Defence Act 1990 Section 68(4) amended 1 November 1976 section 26(d) Government Superannuation Fund Amendment Act 1976 Section 68(4) amended 1 November 1976 section 26(e) Government Superannuation Fund Amendment Act 1976 Section 68(4) amended 22 October 1959 Government Superannuation Fund Amendment Act 1959 Section 68(4) first proviso amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 68(4) second proviso inserted 25 October 1963 Government Superannuation Fund Amendment Act 1963 Section 68(4) second proviso amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 68(4) third proviso inserted 1 November 1976 section 26(f) Government Superannuation Fund Amendment Act 1976 Section 68(4) third proviso amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 68(5) inserted 25 October 1963 Government Superannuation Fund Amendment Act 1963 Section 68(5) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 68(6) inserted 25 October 1963 Government Superannuation Fund Amendment Act 1963 Section 68(6) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 68(6) amended 29 March 1985 section 22(1) Government Superannuation Fund Amendment Act 1985 Section 68(7) inserted 25 October 1963 Government Superannuation Fund Amendment Act 1963 Section 68(7) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 69: Retiring allowance when contributing member medically unfit for further duty 1: Every contributing member who, before becoming entitled to a retiring allowance under this Act, compulsorily retires from the regular forces on the ground of being medically unfit for further duty shall be entitled to receive from the Fund an annual retiring allowance computed as provided in section 35 Authority provided that the Authority its a: it is of opinion that the degree of disability is insufficient to justify the payment of the retiring allowance in full or in part; or b: the contributor fails without sufficient justification to submit himself for medical examination when and as often as required by the Authority c: the Authority 1A: The Authority its 1B: Any decision by the Authority sections 45 47 2: For the purposes of this Part a contributor shall be deemed to be medically unfit for further duty if on the certificate of at least 2 medical practitioners approved by the Authority Authority Chief of Defence Force 1947 No 57 s 68; 1955 No 107 s 9(3) Section 69(1) replaced 22 October 1959 Government Superannuation Fund Amendment Act 1959 Section 69(1) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 69(1) proviso amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 69(1) proviso amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 69(1) proviso amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 69(1A) inserted 22 October 1959 Government Superannuation Fund Amendment Act 1959 Section 69(1A) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 69(1B) inserted 22 October 1959 Government Superannuation Fund Amendment Act 1959 Section 69(1B) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 69(1B) amended 29 March 1985 section 22(1) Government Superannuation Fund Amendment Act 1985 Section 69(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 69(2) amended 1 April 1990 section 102(5) Defence Act 1990 70: Contributors entering Government service after retirement from regular forces 1: Where any permanent member or regular serviceman a: he may elect to become a contributor under Part 2 section 68 b: if he is entitled to receive a retiring allowance under section 68 Part 2 c: he may elect to receive a refund, without interest, of his contributions to the Fund, in which case he may become a contributor to the Fund in respect of his employment in the Government service but, subject to the provisions of subsection (3), not in respect of any period before his retirement from the regular forces: d: if he is entitled to a retiring allowance under section 68 2: Every election under this section shall be made within 6 months after the retirement of the contributor from the regular forces. 3: Subject to such conditions as the Authority 4: Where there is an interval between the retirement of the contributor from the regular forces and the commencement of his subsequent employment in the Government service, he may, with the consent of the Authority 5: Where any permanent member or regular serviceman section 68 section 69 as a regular serviceman Authority provided that where his retirement was on the ground of being medically unfit for further duty he may with the consent of the Authority 1947 No 57 s 67; 1951 No 65 s 8 Section 70(1) amended 1 November 1976 section 27(a) Government Superannuation Fund Amendment Act 1976 Section 70(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 70(4) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 70(5) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 70(5) amended 1 November 1976 section 27(b) Government Superannuation Fund Amendment Act 1976 Section 70(5) amended 1 November 1976 section 27(c) Government Superannuation Fund Amendment Act 1976 Section 70(5) proviso amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 70A: Contributor to special armed forces scheme entering Government service 1: Where any person ceasing to be a permanent member of the regular forces or regular serviceman paragraph (a) of subsection (1) of section 70 Part 2 or regular serviceman 2: Where any such person, being a person who immediately before ceasing to be a permanent member or regular serviceman section 63A section 70 or regular serviceman section 66A Section 70A inserted 20 October 1972 section 4 Government Superannuation Fund Amendment Act 1972 Section 70A(1) amended 1 November 1976 section 28(a) Government Superannuation Fund Amendment Act 1976 Section 70A(1) amended 1 November 1976 section 28(b) Government Superannuation Fund Amendment Act 1976 Section 70A(2) amended 1 November 1976 section 28(c) Government Superannuation Fund Amendment Act 1976 Section 70A(2) amended 1 November 1976 section 28(d) Government Superannuation Fund Amendment Act 1976 71: Effect of loss of pay through punishment 1: Where, in conjunction with any punishment awarded, the salary of a contributing member is completely stopped for a period of 28 days or more, no contributions shall be payable by the member in respect of that period, and it shall not be counted in computing the length of his contributory service, but shall not be deemed to break the continuity thereof. 2: Where the salary of a contributing member is completely stopped as aforesaid for a period of less than 28 days, or is partly stopped for any period, his contributions to the Fund shall be payable in respect of that period as if his salary had not been stopped, and that period shall be counted in computing the length of his contributory service. 3: Where a contributor compulsorily retires from the regular forces by reason of the termination of his engagement by the Chief of Defence Force Authority, in its 4: Where any permanent member or regular serviceman or regular serviceman spouse or partner or regular serviceman or allowance under section 45 section 47 provided that, with the consent of the Chief of Defence Force or regular serviceman Chief of Defence Force 1947 No 57 s 69 Section 71(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 71(3) amended 1 April 1990 section 102(5) Defence Act 1990 Section 71(4) inserted 14 December 1962 section 13 Government Superannuation Fund Amendment Act 1962 Section 71(4) amended 26 April 2005 section 9 Government Superannuation Fund Amendment Act 2005 Section 71(4) amended 29 March 1985 section 22(1) Government Superannuation Fund Amendment Act 1985 Section 71(4) amended 1 November 1976 section 29 Government Superannuation Fund Amendment Act 1976 Section 71(4) proviso amended 1 April 1990 section 102(5) Defence Act 1990 Section 71(4) proviso amended 1 November 1976 section 29 Government Superannuation Fund Amendment Act 1976 3A: Superannuation of members of Armed Forces after 4 December 1986 Part 3A inserted 25 December 1986 section 15(1) Government Superannuation Fund Amendment Act 1986 71A: Interpretation In this Part, unless the context otherwise requires,— accrued leave section 54 of the Defence Act 1971 basic pay contributory service regular forces retirement date retire retirement salary section 66B Section 71A inserted 25 December 1986 section 15(1) Government Superannuation Fund Amendment Act 1986 Section 71A salary amended 2 October 2001 section 16(2) Government Superannuation Fund Amendment Act 2001 71B: Application 1: This Part shall apply to every contributor to the Fund who is or becomes a member of the regular forces required to contribute to the Fund in that capacity, and the entitlements of and benefits payable to or in respect of that person shall be determined in accordance with this Part and Part 7 2: Nothing in this Part shall apply in respect of— a: any person who first becomes a member of the regular forces after 30 June 1992; or b: any period of service as a member of the regular forces after 30 June 1992 by any person who rejoins the regular forces after that date (other than a person whose contributions in respect of his or her previous period of service remain, as a result of an election made by that person under this Part, in the Fund throughout the period between that person's 2 periods of service as a member of the regular forces). 3: Nothing in subsection (2) prevents any person who returns to service in the regular forces on or after 1 July 1992 from again electing to become a contributor to the Fund under this Part if— a: that person was, as at the close of 30 June 1992, a contributor to the Fund under this Part who was on leave of absence, without salary, from the regular forces; and b: that person has, throughout the period beginning with the date on which he or she began his or her period of leave of absence, without salary, from the regular forces and ending with the date on which he or she returned to service with the regular forces, either— i: continued to contribute to the Fund in accordance with section 32 section 71S(2) ii: as a result of an election made by that person under section 71P(1) 4: Notwithstanding anything to the contrary in this Act, nothing in this Part shall apply in respect of any period of service as a member of the regular forces after the effective date of an election under section 71JA Section 71B inserted 25 December 1986 section 15(1) Government Superannuation Fund Amendment Act 1986 Section 71B(2) inserted 1 July 1992 section 9 Government Superannuation Fund Amendment Act (No 2) 1992 Section 71B(3) inserted 1 July 1992 section 9 Government Superannuation Fund Amendment Act (No 2) 1992 Section 71B(4) inserted 1 October 1995 section 30 Government Superannuation Fund Amendment Act 1995 71C: Members of regular forces to become and remain contributors to Fund under this Part 1: Except as provided in this section and section 71P 2: Nothing in subsection (1) shall apply to— a: b: any person who— i: is a chaplain in the regular forces; and ii: is a member of a church superannuation scheme; and iii: with the consent of the Chief of Defence Force c: any person— i: whose age at the date of becoming a member of the regular forces is not less than 35 years; and ii: who is not a contributor to the Fund; and iii: who, with the consent of the Chief of Defence Force d: any person who becomes a member of the regular forces and has received or is in receipt of any benefit under Part 3 Chief of Defence Force Authority e: any person who becomes a member of the regular forces and has received or is receiving any pension or retiring allowance in respect of service as a regular member of the armed forces of any State (other than New Zealand) unless the Chief of Defence Force Authority 3: Except with the consent of the Chief of Defence Force Authority 4: Any election made under paragraph (a), paragraph (b), or paragraph (c) of subsection (2) may be revoked at any time with the consent of the Chief of Defence Force Authority Section 71C inserted 25 December 1986 section 15(1) Government Superannuation Fund Amendment Act 1986 Section 71C(2)(a) repealed 1 April 1991 section 80 National Provident Fund Restructuring Act 1990 Section 71C(2)(b)(iii) amended 1 April 1990 section 102(5) Defence Act 1990 Section 71C(2)(c)(iii) amended 1 April 1990 section 102(5) Defence Act 1990 Section 71C(2)(d) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 71C(2)(d) amended 1 April 1990 section 102(5) Defence Act 1990 Section 71C(2)(e) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 71C(2)(e) amended 1 April 1990 section 102(5) Defence Act 1990 Section 71C(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 71C(3) amended 1 April 1990 section 102(5) Defence Act 1990 Section 71C(4) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 71C(4) amended 1 April 1990 section 102(5) Defence Act 1990 71D: Contributors under Part 3 to become contributors under this Part 1: Every person who immediately before 5 December 1986 is a contributor under Part 3 section 71P 2: Subsection (5) of section 70 Section 71D inserted 25 December 1986 section 15(1) Government Superannuation Fund Amendment Act 1986 71E: Existing members of regular forces may elect to become contributors under this Part 1: Subject to subsections (2) and (3), every person who immediately before 5 December 1986 is a member of the regular forces and is not a contributor under Part 3 Authority 2: The following persons shall not be entitled to make an election under this section without the consent of the New Zealand Defence Council: a: b: any person who— i: is a chaplain in the regular forces; and ii: is a member of a church superannuation scheme: c: any person whose age at the date of becoming a member of the regular forces was not less than 35 years. 3: The following persons shall not be entitled to make an election under this section without the consent of the New Zealand Defence Council and the Authority a: any member of the regular forces who has received or is in receipt of any benefit under Part 3 b: any member of the regular forces who has received or is receiving any pension or retiring allowance in respect of service as a regular member of the armed forces of any State other than New Zealand. 4: Every election made under subsection (1) shall take effect on and from 5 December 1986 and the contributions payable by the contributors who make such elections and the benefits payable in respect of contributions by such contributors shall be calculated accordingly. Section 71E inserted 25 December 1986 section 15(1) Government Superannuation Fund Amendment Act 1986 Section 71E(1) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 71E(2)(a) repealed 1 April 1991 section 80 National Provident Fund Restructuring Act 1990 Section 71E(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 71F: Rate of contributions 1: The contribution to be made by every contributor under this Part shall be 7.6% of the contributor's salary. 2: All contributions shall be deducted from the salary of the contributor and paid to the Fund as the salary becomes payable from time to time. Section 71F inserted 25 December 1986 section 15(1) Government Superannuation Fund Amendment Act 1986 71G: Entitlement to retiring allowance 1: Every contributor to the Fund under this Part who is discharged or released from the regular forces and who, at the date of retirement, has not less than 20 years' contributory service of which at least 10 years' service is actual service as a member of the regular forces shall be entitled to a retiring allowance of an amount equal to the pension percentage of the contributor's final average earnings. 1A: For the purposes of this section— appropriate percentage pension percentage P × (0.7 + (0.014 × t)) where— P is the appropriate percentage multiplied by the number of years (including fractions of a year) of contributory service: t is the number, if any, of years (including fractions of a year) by which the contributor's date of retirement precedes 1 October 1999. 2: Where any contributor to the Fund under this Part is discharged or released from the regular forces in circumstances to which subsection (1) does not apply, that person shall not be entitled to receive any retiring allowance under this Part unless the person is entitled to receive a retiring allowance under section 71H 3: Where any contributor is convicted of any offence under the Armed Forces Discipline Act 1971 Authority Chief of Defence Force Authority section 71K 4: For the purposes of determining the retiring allowance of any contributor under this Part this section shall be deemed to include subsections (6) to (9) of section 61L Section 71G inserted 25 December 1986 section 15(1) Government Superannuation Fund Amendment Act 1986 Section 71G(1) replaced 1 April 1990 section 14 Government Superannuation Fund Amendment Act 1990 Section 71G(1A) inserted 1 April 1990 section 14 Government Superannuation Fund Amendment Act 1990 Section 71G(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 71G(3) amended 1 April 1990 section 102(5) Defence Act 1990 71H: Entitlement to retiring allowance where retirement on grounds of disability 1: Every contributor to the Fund under this Part who is discharged from the regular forces on the ground of being medically unfit for further duty shall, if the Authority section 71G 2: The Authority its a: it is of the opinion that the degree of disability is insufficient to justify the payment of the retiring allowance in full or in part; or b: the contributor fails without sufficient justification to submit to medical examination when and as often as required by the Authority c: the Authority 3: The Authority its 4: Any decision by the Authority sections 61N 61O 61Q sections 71L 71N(4) 5: For the purpose of this section a contributor shall be deemed to be medically unfit for further duty if on the certificate of at least 2 medical practitioners approved by the Authority Authority Chief of Defence Force 6: Where the Authority section 71K Section 71H inserted 25 December 1986 section 15(1) Government Superannuation Fund Amendment Act 1986 Section 71H(1) replaced 1 April 1990 section 15 Government Superannuation Fund Amendment Act 1990 Section 71H(1) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 71H(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 71H(2)(b) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 71H(2)(c) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 71H(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 71H(4) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 71H(5) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 71H(5) amended 1 April 1990 section 102(5) Defence Act 1990 Section 71H(6) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 71I: Contributions and contributory service where contributor disciplined or service otherwise interrupted 1: Where , pursuant to the Armed Forces Discipline Act 1971 2: Where the salary of a contributor is forfeited under that Act or any regulations made under that Act 3: Where subsections (1) and (2) do not apply, and the service in the regular forces of any person has been interrupted, it shall for the purposes of this Part to the extent that the Authority Section 71I inserted 25 December 1986 section 15(1) Government Superannuation Fund Amendment Act 1986 Section 71I(1) amended 1 April 1988 section 13(1) Government Superannuation Fund Amendment Act 1988 Section 71I(2) amended 1 April 1988 section 13(2) Government Superannuation Fund Amendment Act 1988 Section 71I(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 71J: Benefits where member of regular forces dies while deserter or dies or is discharged while absent without leave 1: Where a contributor dies while a deserter or absent without leave and has been in desertion or so absent for a continuous period of 28 days or more, any spouse or partner Authority Chief of Defence Force Authority or partner section 71P section 71K 2: Where any member of the regular forces has been discharged from the regular forces on the grounds of being absent without leave for a continuous period of 3 years or more, the member may at the discretion of the Authority Chief of Defence Force a: a refund of the total amount of the contributor's contributions to the Fund (less any amounts already received by the contributor from the Fund) increased in respect of contributions paid in respect of any period of contributory service under Part 3 b: a retiring allowance computed in accordance with the provisions of section 71G 3: Where any member of the regular forces who has been discharged from the regular forces on the grounds of being absent without leave for a continuous period of 3 years or more dies, any spouse or partner Authority or partner section 71P section 71K Section 71J inserted 25 December 1986 section 15(1) Government Superannuation Fund Amendment Act 1986 Section 71J(1) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 71J(1) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 71J(1) amended 1 April 1990 section 102(5) Defence Act 1990 Section 71J(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 71J(2) amended 1 April 1990 section 102(5) Defence Act 1990 Section 71J(3) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 71J(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 71JA: Right to cease to be contributor under Part 3A Any contributor under this Part may, subject to regulations made under section 97 a: to leave the contributor's contributions in the Fund and to receive— i: a deferred pension; or ii: a deferred lump sum,— in accordance with those regulations; or b: to receive a refund of the contributor's contributions in accordance with those regulations. Section 71JA inserted 1 October 1995 section 12 Government Superannuation Fund Amendment Act 1995 71K: Benefits where contributor leaves regular forces and is not entitled to retiring allowance 1: Where any contributor under this Part is discharged or released from the regular forces in circumstances where no retiring allowance is payable, the contributor shall be entitled to receive a refund of the total amount of the contributor's contributions to the Fund (less any amounts already received by the contributor from the Fund), increased— a: in respect of contributions paid in respect of any period of contributory service under Part 3 b: where the Chief of Defence Force Authority at a rate calculated using a method that has been determined by the Authority ( see 30 June 2: For the purposes of determining the amount of any refund of contributions payable to any contributor under subsection (1), the amount of the refund shall include any amount payable to the contributor under section 35(1) 3: Where any contributor is entitled to receive a payment under subsection (1) and the contributor has not less than 10 years contributory service, the contributor may elect to decline the payment and to have the transfer value of the contributor's contributions (as determined in accordance with subsection (5)) paid to any retirement scheme (within the meaning of section 6(1) 4: Any election under subsection (3) may be revoked, but shall be irrevocable once any payment has been accepted from the Fund pursuant to that election. 5: For the purposes of subsection (3) the transfer value of a contributor's contributions shall be— a: the amount of the refund that the contributor would be entitled to receive under subsection (1), increased by 10% of that amount for every complete year of the contributor's contributory service in excess of 10 years' contributory service, and an appropriate portion of 10% for any part year of such contributory service; or b: twice the amount of the refund that the contributor would be entitled to receive pursuant to subsection (1),— whichever is the lesser, and the amount that would be included in any refund of contributions payable to the contributor by virtue of section 35(1) 6: Any contributor who is entitled to receive a payment under subsection (1) and who has not attained the age of 50 years may, at any time before the payment is made, elect to defer the contributor's right to payment under subsection (1) and to leave the contributor's contributions in the Fund. 7: Any election under subsection (6) may be revoked at any time. 8: In any case where a person has elected to leave contributions in the Fund under subsection (6), the provisions of subsections (6) and (7) of section 61R a: every reference to Government service were a reference to service in the regular forces; and b: every reference to section 61S section 71K 9: Where a contributor who has elected to leave contributions in the Fund under subsection (6) dies while any contributions are held in the Fund on his or her behalf and while not contributing and leaves a spouse or partner sections 61M 61Q or partner or partner a: a refund of the contributor's contributions to the Fund increased in respect of contributions paid in respect of any period of contributory service under Part 3 b: an annuity of one-half of the rate of the retiring allowance to which the deceased contributor would have been entitled if the contributor had become entitled to a retiring allowance calculated under section 71G i: the date on which the contributor was discharged or released from the regular forces was the date of the contributor's retirement; and ii: the final average earnings of the contributor were increased by the percentage (if any) as certified by the Government Statistician by which the index number of the Consumers and the entitlement of the spouse or partner relationship status or partner 10: Where a contributor who has elected to leave contributions in the Fund under subsection (6) dies while any contributions are held in the Fund on his or her behalf and while not contributing and does not leave a spouse or partner sections 61O 61Q Part 3 11: The Authority may not make a determination under subsection (1)(b) unless the Minister has approved the proposed method. 12: A determination under that subsection is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 71K inserted 25 December 1986 section 15(1) Government Superannuation Fund Amendment Act 1986 Section 71K(1)(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 71K(1)(b) amended 2 October 2001 section 15 Government Superannuation Fund Amendment Act 2001 Section 71K(1)(b) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 71K(1)(b) amended 1 July 1992 section 10 Government Superannuation Fund Amendment Act (No 2) 1992 Section 71K(1)(b) amended 1 April 1990 section 102(5) Defence Act 1990 Section 71K(3) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 71K(6) inserted 1 April 1988 section 14 Government Superannuation Fund Amendment Act 1988 Section 71K(7) inserted 1 April 1988 section 14 Government Superannuation Fund Amendment Act 1988 Section 71K(8) inserted 1 April 1988 section 14 Government Superannuation Fund Amendment Act 1988 Section 71K(9) inserted 1 April 1988 section 14 Government Superannuation Fund Amendment Act 1988 Section 71K(9) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 71K(9) amended 26 April 2005 section 4(3) Government Superannuation Fund Amendment Act 2005 Section 71K(9)(b)(ii) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 71K(10) inserted 1 April 1988 section 14 Government Superannuation Fund Amendment Act 1988 Section 71K(10) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 71K(11) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 71K(12) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 71L: Benefits on death of contributor Sections 61M 61N 61O 61Q a: the references in those sections to Government service included service in the regular forces: b: the references in section 61M(1)(a)(ii) section 61N(1)(a) section 61O(1)(b) to section 61S(1)(a) section 71K c: the reference in section 61M(1)(b) section 91 section 71M d: the reference in section 61N(1)(b) section 61T(2) section 71S(2) e: paragraph (a) of section 61O(1) a: where the contributor dies before becoming entitled to a retiring allowance, a lump sum being: i: 1 year's salary of the contributor calculated at the rate of salary payable to the contributor when the contributor was last a contributor to the Fund; or ii: a refund of the contributor's contributions to the Fund including interest, as if the contributor had ceased service in the regular forces on the date of the contributor's death and become entitled to receive a refund of contributions under section 71K(1) whichever is the greater: Section 71L inserted 25 December 1986 section 15(1) Government Superannuation Fund Amendment Act 1986 71M: Election to surrender proportion of retiring allowance and receive cash payment 1: Any contributor who becomes entitled to a retiring allowance under this Part may elect to surrender the contributor's right to a proportion of the retiring allowance and to receive instead payment out of the Fund of an amount calculated in accordance with formula A × B, where— A: is the amount by which the contributor's annual retiring allowance is reduced pursuant to the surrender: B: is: a: 21 b: 21 0.075 c: 12 2: For the purposes of subsection (1) a contributor shall be deemed to be entitled to a retiring allowance under this Act in any case where the contributor would have been so entitled if the contributor had retired on the date of the election. 3: An election may be made under subsection (1) by a contributor at any time within 3 months immediately preceding the date on which the contributor becomes entitled to a retiring allowance under this Part. 4: Where an election is made during the period specified in subsection (3), it shall be deemed to have been made on the earliest day on which the contributor would be entitled to a retiring allowance under this Part if the contributor survived and had retired. 5: Subject to subsection (6), any contributor who has made an election under subsection (1) may make a further election within 3 months before the contributor is discharged or released from the regular forces, to thereupon receive not more than half the amount that the contributor would be entitled to receive if the contributor had been entitled to a retiring allowance when the contributor made the election under subsection (1). 6: Where the Authority section 71H(2) 7: Where any amount is paid to any contributor under subsection (5), interest shall be payable on that amount by the contributor at such rate as the Authority 8: All such interest shall be recoverable as a debt due to the Crown and may be deducted from any retiring allowance payable to the contributor or any annuity payable to the surviving spouse or partner 9: Every election under this section shall be made in writing and delivered to the Authority 10: Except as provided in subsection (11), no contributor shall have the right to revoke or amend any election under this section or to make any further election. 11: Where a contributor to whom subsection (2) or subsection (5) applies has made an election under subsection (1), that contributor shall be entitled to make 1 further election to increase the proportion of the retiring allowance surrendered under subsection (1) before the contributor has accepted any instalment of the contributor's retiring allowance. 12: No election or combination of elections under this section shall entitle any contributor to surrender more than one-quarter of the contributor's retiring allowance. 13: Where a contributor has completed an election under this section in respect of a previous period of contributory service, the amount so surrendered shall be deducted from the retiring allowance that the contributor may elect to surrender. 14: Upon an election under this section becoming effective the annual retiring allowance payable to a contributor shall be reduced by the same proportion as that which the contributor has elected to surrender, and all rights in respect of the proportion so surrendered shall be deemed to be determined. 15: Except as provided in subsection (5), any amount which a contributor is entitled to receive under this section shall become payable— a: on the date on which the contributor becomes entitled to payment of the retiring allowance; or b: in the case of a contributor to whom subsection (2) applies, on the date of the contributor's death,— whichever is the earlier. Section 71M inserted 25 December 1986 section 15(1) Government Superannuation Fund Amendment Act 1986 Section 71M(1) formula item B paragraph (a) amended 1 April 1990 section 16(a) Government Superannuation Fund Amendment Act 1990 Section 71M(1) formula item B paragraph (b) amended 1 April 1990 section 16(b) Government Superannuation Fund Amendment Act 1990 Section 71M(1) formula item B paragraph (b) amended 1 April 1990 section 16(c) Government Superannuation Fund Amendment Act 1990 Section 71M(1) formula item B paragraph (c) amended 1 April 1990 section 16(d) Government Superannuation Fund Amendment Act 1990 Section 71M(6) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 71M(7) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 71M(8) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 71M(9) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 71N: Right to defer retiring allowance to age 55 or 60 in return for lump sum at retirement 1: Any contributor who becomes entitled to a retiring allowance under this Part may, in addition to or instead of exercising the right to surrender a proportion of the contributor's retiring allowance under section 71M C: is the contributor's annual retiring allowance after the effect of any election under section 40 section 48 section 71M D: is— a: the number of months from the contributor's date of retirement to the date the contributor attains 55 or 60 years of age (whichever is appropriate) multiplied by 0.08 b: 20.16 whichever is the lesser. 2: Every election under subsection (1) shall be made in writing and delivered to the Authority 3: No contributor shall have the right to revoke or amend any election under subsection (1) or to make any further election after the contributor has accepted any payment under this section. 4: Subject to subsection (5), where any contributor dies after having made an election under subsection (1) but before attaining the age at which the contributor has elected to receive the annual retiring allowance, sections 61N 61O 61Q a: as if the references in section 61N(1)(a) section 61O to section 61S(1)(a) section 71K(1) b: as if the reference in section 61N(1)(b) section 61T(2) section 71S(2) 5: Where any contributor to whom subsection (4) applies dies, no annuity shall be payable under section 61N(1)(b) 6: For the purposes of calculating the amount of the retiring allowance payable to the contributor at the date at which the contributor has elected to receive the retiring allowance, and for the purposes of calculating any annuity, the contributor shall be deemed to have been receiving from the date of retirement an annual retiring allowance of an amount calculated from time to time according to the formula set out in subsection (7) or subsection (8) (as appropriate). 7: In any case where the contributor's date of retirement is on or after 1 April 1990, the formula for the purposes of subsection (6) is— C ÷ [1 + (0.02 × n)] where— C is the retiring allowance that would have been payable— a: had the contributor not elected to defer the retiring allowance, but after allowing for the effect of any election under section 40 section 48 section 71M b: had Part 3 n is the number, if any, of years (including fractions of a year) by which the contributor's date of retirement precedes whichever is the earlier of— a: the date to which the contributor elected to defer the retiring allowance; or b: 1 October 1999. 8: In any case where the contributor's date of retirement is before 1 April 1990, the formula for the purposes of subsection (6) is— C × (0.7 + (0.014 × t)) where— C is the retiring allowance that would have been payable— a: had the contributor not elected to defer the retiring allowance, but after allowing for the effect of any election under section 40 section 48 section 71M b: had neither Part 1 Part 3 t is the number, if any, of years (including fractions of a year) by which the date to which the contributor elected to defer the retiring allowance precedes 1 October 1999. Section 71N inserted 25 December 1986 section 15(1) Government Superannuation Fund Amendment Act 1986 Section 71N(1) formula item D paragraph (a) amended 1 April 1990 section 17(1)(a) Government Superannuation Fund Amendment Act 1990 Section 71N(1) formula item D paragraph (b) amended 1 April 1990 section 17(1)(b) Government Superannuation Fund Amendment Act 1990 Section 71N(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 71N(6) replaced 1 April 1990 section 17(2) Government Superannuation Fund Amendment Act 1990 Section 71N(7) inserted 1 April 1990 section 17(2) Government Superannuation Fund Amendment Act 1990 Section 71N(8) inserted 1 April 1990 section 17(2) Government Superannuation Fund Amendment Act 1990 71O: Contributions in respect of previous service in armed forces 1: Where any contributor has served as a member of the regular forces or as a regular member of the armed forces of any State other than New Zealand for any period or periods before the commencement of the contributor's contributory service as a member of the regular forces, the contributor may, with the consent of the Authority Chief of Defence Force 2: The consent of the Authority Authority Authority 3: Except with the consent of the Authority 4: No election shall be made under this section so as to enable any contributor— a: to contribute to the Fund in respect of any period of service for which the contributor is receiving or has received any pension or retiring allowance except with the consent of the Authority Authority b: to contribute to the Fund in respect of any period of contributory service in excess of 10 years occurring before the commencement of the contributor's current actual continuous service as a member of the regular forces unless that earlier contributory service was service as a member of the regular forces. Section 71O inserted 25 December 1986 section 15(1) Government Superannuation Fund Amendment Act 1986 Section 71O(1) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 71O(1) amended 1 April 1990 section 102(5) Defence Act 1990 Section 71O(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 71O(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 71O(4)(a) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 71P: Option where contributor on leave of absence without salary 1: Where any contributor under this Part is on leave of absence without salary, the contributor may elect that section 32 section 71S(2) 2: Where a contributor elects that this subsection shall apply— a: the contributor's contributions shall remain in the Fund: b: the contributor shall not be liable to pay contributions in respect of the period of leave of absence: c: the period of leave of absence shall not be counted as contributory service of the contributor: d: if the person again becomes a contributor to the Fund under this Part before attaining the age of 50 years, the person's contributions shall not be refunded to the person, and the person's previous record of contributory service shall be reactivated and count as continuous contributory service for the purpose of calculating benefits under this Part, but shall be discounted in the following manner: i: a discount of 1.25% for each complete year of the period of the person's ineligibility to be a contributor for which the person has a corresponding period of contributory service that will be reactivated in accordance with this section, and of a relative proportion of that percentage in respect of any ii: a discount of 2.25% for each complete year of the period of the person's ineligibility to be a contributor that is in excess of the person's period of contributory service that will be reactivated in accordance with this section and of a relative proportion of that percentage in respect of any e: if the contributor dies during the period of leave of absence and leaves a spouse or partner sections 61M 61Q or partner or partner i: a refund of the contributor's contributions to the Fund increased in respect of contributions paid in respect of any period of contributory service under Part 3 or this Part ii: an annuity at one-half of the rate of the retiring allowance to which the deceased contributor would have been entitled if the contributor had become entitled to a retiring allowance calculated under section 71G and the entitlement of the spouse or partner or partner f: if the contributor dies during the period of leave of absence and does not leave a spouse or partner sections 61O 61Q Part 3 3: Any period of discounted contributory service referred to in subsection (2)(d) shall be deemed to precede immediately the date on which the person again became a contributor to the Fund. 4: Nothing in this section shall apply in respect of any period of leave of absence without salary of less than 29 Section 71P inserted 25 December 1986 section 15(1) Government Superannuation Fund Amendment Act 1986 Section 71P(2)(d)(i) amended 9 June 1995 section 19(1) Government Superannuation Fund Amendment Act 1995 Section 71P(2)(d)(ii) amended 9 June 1995 section 19(1) Government Superannuation Fund Amendment Act 1995 Section 71P(2)(e) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 71P(2)(e) amended 26 April 2005 section 4(3) Government Superannuation Fund Amendment Act 2005 Section 71P(2)(e)(i) amended 1 April 1988 section 15(1) Government Superannuation Fund Amendment Act 1988 Section 71P(2)(f) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 71P(4) amended 1 April 1988 section 15(2) Government Superannuation Fund Amendment Act 1988 71Q: Election to contribute in respect of previous Government service 1: Subject to subsection (2), where any contributor under this Part has service in the Government service that is not at present included in the contributor's contributory service, the contributor may elect to contribute to the Fund under this Part in respect of not more than 10 years of that service. 2: Except with the consent of the Authority Authority a: who is not a full-time member of the regular forces; or b: in respect of any period during which the contributor was not a permanent full-time employee in the Government service; or c: who has attained the age of 50 years. 3: Without limiting the power of the Authority a: on the salary received by the contributor in respect of that period; or b: as if the contributor received salary in respect of that period at the rate of salary payable to the contributor at the date of the election— whichever is the greater. 4: Where any election is made under this section the extent to which the Government service concerned is to be treated as service under this Part shall be determined by the Authority 5: Except with the consent of the Authority Section 71Q inserted 25 December 1986 section 15(1) Government Superannuation Fund Amendment Act 1986 Section 71Q(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 71Q(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 71Q(4) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 71Q(5) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 71R: Election to contribute at former rate where salary reduced 1: Where for any reason a contributor's salary has been reduced (whether by reason of the contributor ceasing to hold higher rank or otherwise) the contributor may, by notice in writing delivered to the Authority Authority 2: In the case of any reduction of a contributor's salary by reason of the contributor ceasing to hold any rank higher than the contributor's substantive rank, the contributor may, instead of exercising the contributor's right under subsection (1), elect to receive a refund of the contributor's contributions to the Fund in respect of the excess of the contributor's salary over the salary for the rank which the contributor then holds, and the amount of that excess shall be deemed not to form part of the contributor's salary for the purposes of this Act. 3: Interest shall be payable on any refund payable under subsection (2) at the rate of 0.25% for each month during which the contributions in respect of the excess were held by the Fund. 4: Except with the consent of the Authority 5: Where any election is made under subsection (1), the Authority Authority, after receiving advice from an actuary, Authority Section 71R inserted 25 December 1986 section 15(1) Government Superannuation Fund Amendment Act 1986 Section 71R(1) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 71R(4) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 71R(5) amended 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 71R(5) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 71S: Sections to apply to contributors and contributions under this Part 1: Except as provided in this section, nothing in Part 2 Part 2A Part 3 2: Sections 32 37 40 43 48 60 66B 2A: Section 25 3: Sections 61L 61M 61N 61O 61Q 61R sections 71G 71H(4) 71K 71L 71N 71P(2) 4: Section 70(5) section 71D(2) Section 71S inserted 25 December 1986 section 15(1) Government Superannuation Fund Amendment Act 1986 Section 71S(2A) inserted 1 April 1988 section 16 Government Superannuation Fund Amendment Act 1988 Section 71S(3) replaced 1 April 1988 section 16 Government Superannuation Fund Amendment Act 1988 4: Superannuation of Judges and Solicitor-General Part 4 replaced 1 January 1981 Government Superannuation Fund Amendment Act 1980 Interpretation and application Heading inserted 1 January 1981 Government Superannuation Fund Amendment Act 1980 72: Interpretation In this Part, unless the context otherwise requires,— Judge a: a Judge of the High Court appointed under section 100 b: a Judge of the Employment Court section 200 c: a Judge of the Compensation Court appointed under section 41 of the Workers' Compensation Act 1956 d: a Judge of the Maori Land Court appointed under section 7 e: a Chief Judge of the District Court appointed under section 24 f: a Judge of the District Court appointed under section 11 judicial service temporary Judge a: a Judge of the High Court appointed under section 113 b: a Judge of the Employment Court section 207 c: a Judge of the Compensation Court appointed under section 43 of the Workers' Compensation Act 1956 d: a Judge of the Maori Land Court appointed under section 9 e: a Judge of the District Court appointed under section 31 Section 72 replaced 1 January 1981 Government Superannuation Fund Amendment Act 1980 Section 72 Judge amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 72 Judge amended 2 October 2000 section 241 Employment Relations Act 2000 Section 72 Judge amended 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993 Section 72 Judge amended 1 March 2017 section 261 District Court Act 2016 Section 72 Judge amended 1 March 2017 section 261 District Court Act 2016 Section 72 temporary Judge amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 72 temporary Judge amended 2 October 2000 section 241 Employment Relations Act 2000 Section 72 temporary Judge amended 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993 Section 72 temporary Judge amended 1 March 2017 section 261 District Court Act 2016 73: Application of this Part to Solicitor-General 1: Subject to subsection (2), this Part shall apply to any person appointed to the office of Solicitor-General as if that appointment were an appointment as a Judge. 2: Where any person has, before 31 December 1980, elected under section 74 Part 2 Section 73 replaced 1 January 1981 Government Superannuation Fund Amendment Act 1980 74: Application of this Part 1: Subject to section 74B 2: Nothing in this Part shall apply to any Judge appointed after 31 March 1988. Section 74 replaced 1 January 1981 Government Superannuation Fund Amendment Act 1980 Section 74(2) inserted 8 May 1989 section 2 Government Superannuation Fund Amendment Act 1989 74A: Application of this Part to Judges to whom Parts 4 and 5 applied 1: Subject to subsection (2) and to section 7 of the Government Superannuation Fund Amendment Act 1980 Part 4 Part 5 2: Any Judge who was a contributor under Part 5 Authority Part 5 3: Every such election shall be irrevocable. 4: Where any such election is made this Part shall not apply and is hereby deemed never to have applied to that Judge. Section 74A inserted 1 January 1981 Government Superannuation Fund Amendment Act 1980 Section 74A(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 74B: Application of this Part to Judge of or over age of 63 years on appointment 1: Where any person is first appointed to be a Judge after he has attained the age of 63 years he may elect, by notice in writing delivered to the Authority 2: Every such election shall be irrevocable. 3: Where any such election is made this Act shall not apply and is hereby deemed never to have applied to that person. Section 74B inserted 1 January 1981 Government Superannuation Fund Amendment Act 1980 Section 74B(1) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Contributions Heading inserted 1 January 1981 Government Superannuation Fund Amendment Act 1980 74C: Contributions 1: From the salary payable to any Judge in respect of any period after 31 December 1980 a contribution at the rate applicable under subsection (2) shall be deducted as the salary becomes payable from time to time. 2: The contribution to be deducted from the salary of a Judge in accordance with subsection (1) shall be— a: 7% if his age is under 42 years at the commencement of his judicial service: b: 7.5% if he has then attained the age of 42 years but has not attained the age of 50 years: c: 8% if he has then attained the age of 50 years. 3: Notwithstanding subsection (1), where the judicial service completed by any Judge is such that if he were to retire he would be entitled to the maximum retiring allowance payable under section 74E 4: Notwithstanding subsection (1), where the judicial service completed by any Judge who was a contributor under Part 5 5: Section 74C inserted 1 January 1981 Government Superannuation Fund Amendment Act 1980 Section 74C(5) repealed 1 April 1995 Income Tax Act 1994 74D: Service as a temporary Judge 1: Where any person is appointed as a temporary Judge and that person was, immediately before his appointment, holding office as a Judge, that person shall pay contributions in respect of his service as a temporary Judge as if that service were service as a Judge. 2: Where subsection (1) applies to any person the provisions of this Part shall apply to that person as if he had received a further appointment as a Judge on the date on which he was appointed as a temporary Judge. 3: Where any person to whom subsection (1) does not apply is appointed as a Judge, and that person was, immediately before his appointment, holding office as a temporary Judge, that person may elect to pay contributions in respect of his service as a temporary Judge as if that service were service as a Judge. 4: Every such election shall be irrevocable, and shall be delivered to the Authority 5: Where any such election is made the provisions of this Part shall apply to that person as if he had been appointed as a Judge on the date on which he was appointed as a temporary Judge. Section 74D inserted 1 January 1981 Government Superannuation Fund Amendment Act 1980 Section 74D(4) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Retiring allowances Heading inserted 1 January 1981 Government Superannuation Fund Amendment Act 1980 74E: Entitlement of Judge to retiring allowance 1: Every Judge who— a: retires after having attained the age of 68 years; or b: resigns his office after having completed 10 years' judicial service and having attained the age of 60 years; or c: resigns his office after having completed not less than 20 years' judicial service; or d: satisfies the Governor-General in Council that he has become incapable of performing the duties of his office by reason of any permanent infirmity or other cause, and thereupon resigns his office,— shall be entitled to a retiring allowance in proportion to the amount of his annual salary at the time of retiring or resigning, computed in accordance with the succeeding provisions of this section. 2: In no case shall the retiring allowance computed under this section exceed two-thirds of the annual salary of the Judge at the date of his retirement or resignation. 3: Subject to subsection (2) and to sections 74F 74G a: where the Judge was under 42 years of age at the date of his first appointment, one thirty-third part of that salary for each year of judicial service and a proportionate part of that fraction of that salary for each part of a year of judicial service: b: where the Judge was 42 years of age or over but under 50 years of age at the date of his first appointment, one-thirtieth part of that salary for each year of judicial service and a proportionate part of that fraction of that salary for each part of a year of judicial service: c: where the Judge was 50 years of age or over but under 54 years of age at the date of his first appointment, one twenty-seventh part of that salary for each year of judicial service and a proportionate part of that fraction of that salary for each part of a year of judicial service: d: where the Judge was 54 years of age or over at the date of his first appointment, one twenty-fourth part of that salary for each year of judicial service and a proportionate part of that fraction of that salary for each part of a year of judicial service. Section 74E inserted 1 January 1981 Government Superannuation Fund Amendment Act 1980 74F: Minimum retiring allowance for certain Judges who retire at 68 years of age or over 1: Notwithstanding section 74E(3) 2: Notwithstanding section 74E(3) Section 74F inserted 1 January 1981 Government Superannuation Fund Amendment Act 1980 74G: Minimum retiring allowance for Judge who resigns on grounds of incapacity Notwithstanding section 74E(3) Section 74G inserted 1 January 1981 Government Superannuation Fund Amendment Act 1980 Refund of contributions Heading inserted 1 January 1981 Government Superannuation Fund Amendment Act 1980 74H: Power to elect to receive refund of contributions instead of retiring allowance 1: Where any Judge retires or resigns his office and is entitled to receive a retiring allowance he may, at any time before accepting the first instalment of his retiring allowance, elect to accept a refund of the total contributions paid by him under this Act instead of a retiring allowance. 2: Every such election shall be irrevocable. 3: Where any such election is made, the Judge shall be entitled to receive the refund of contributions without interest unless interest is payable under section 61S(1)(a) section 74IA Section 74H inserted 1 January 1981 Government Superannuation Fund Amendment Act 1980 Section 74H(3) amended 25 December 1986 section 18(2) Government Superannuation Fund Amendment Act 1986 74I: Entitlement to refund where no entitlement to retiring allowance 1: Where any Judge retires or resigns his office and is not entitled to receive a retiring allowance, he shall be entitled to receive a refund of the total contributions paid by him under this Act. 2: The refund of the contributions shall be paid without interest unless interest is payable under section 61S(1)(a) section 74IA Section 74I inserted 1 January 1981 Government Superannuation Fund Amendment Act 1980 Section 74I(2) amended 25 December 1986 section 18(3) Government Superannuation Fund Amendment Act 1986 74IA: Rights and benefits where judicial service ceases other than on death Section 61S a: Judges were contributors under Part 2A b: paragraph (b) of subsection (1) of that section, and the reference to that paragraph in subsection (5) of that section, had been repealed: c: the references in that section to Government service included judicial service: d: the references in that section to section 61L section 74E Section 74IA inserted 25 December 1986 section 18(1) Government Superannuation Fund Amendment Act 1986 Payments to spouses or partners Heading inserted 1 January 1981 Government Superannuation Fund Amendment Act 1980 Heading amended 26 April 2005 section 4(2) Government Superannuation Fund Amendment Act 2005 74J: Benefits payable on death of Judge 1: Subject to subsection (2), sections 61M 61N 61O 61Q a: Judges were contributors under Part 2A b: the references in those sections to becoming entitled to a retiring allowance were references to receipt of the first instalment of that allowance: c: the references in those sections to Government service included judicial service: d: the reference in section 61M(1)(b)(ii) section 74E(1)(d) e: section 61S(1)(b) 2: Notwithstanding the limitations in sections 61M(1)(b)(ii) 61N(1)(b) and (2)(b) or partner or partner or partner a: 15% of the salary payable to the Judge at the date of the Judge's retirement or death, whichever first occurs; or b: where the Judge has made an election under the second proviso to section 78(1) reduced by the same proportion as that which the spouse or partner section 61M(1)(b)(i) Section 74J replaced 25 December 1986 section 19(1) Government Superannuation Fund Amendment Act 1986 Section 74J(2) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Capitalisation of retiring allowance or annuity Heading repealed 25 December 1986 section 25(2) Government Superannuation Fund Amendment Act 1986 74K: Election to surrender proportion of retiring allowance or annuity and receive cash payment Section 74K repealed 25 December 1986 section 25(2) Government Superannuation Fund Amendment Act 1986 Minimum payments in respect of certain Judges Heading inserted 1 January 1981 Government Superannuation Fund Amendment Act 1980 74L: Certain Judges or surviving spouses or partners Notwithstanding this Part, no retiring allowance or annuity payable under this Part to or in respect of a Judge who was contributing under Part 5 section 74E(1)(a) Section 74L inserted 1 January 1981 Government Superannuation Fund Amendment Act 1980 Section 74L heading amended 26 April 2005 section 4(2) Government Superannuation Fund Amendment Act 2005 Accounting Heading inserted 1 January 1981 Government Superannuation Fund Amendment Act 1980 74M: Judges Superannuation Account 1: All contributions payable under this Part and Part 5 2: All retiring allowances, annuities, refunds of contributions, and other payments payable under this Part or Part 5 a Crown Bank Account 3: The Judges shall not, by reason of this section, become contributors to the Government Superannuation Fund for the purposes of any Part of this Act other than this Part and Part 5 Section 74M inserted 1 January 1981 Government Superannuation Fund Amendment Act 1980 Section 74M(2) amended 25 January 2005 section 83(7) Public Finance Act 1989 4A: Superannuation of Masters Part 4A repealed 8 May 1989 section 3 Government Superannuation Fund Amendment Act 1989 74N: Interpretation Section 74N repealed 8 May 1989 section 3 Government Superannuation Fund Amendment Act 1989 74O: Masters may elect to contribute under Part 4 Section 74O repealed 8 May 1989 section 3 Government Superannuation Fund Amendment Act 1989 74P: Judges appointed as Masters may elect to continue to contribute under Part 4 Section 74P repealed 8 May 1989 section 3 Government Superannuation Fund Amendment Act 1989 74Q: Part-time Masters Section 74Q repealed 8 May 1989 section 3 Government Superannuation Fund Amendment Act 1989 74R: Masters may elect to continue to contribute under Parts 2, 2A, 3, or 3A Section 74R repealed 8 May 1989 section 3 Government Superannuation Fund Amendment Act 1989 74S: Master deemed to have retired on expiration of term of appointment Section 74S repealed 8 May 1989 section 3 Government Superannuation Fund Amendment Act 1989 74T: Transitional provision Section 74T repealed 8 May 1989 section 3 Government Superannuation Fund Amendment Act 1989 5: Superannuation of Judges Part 5 repealed 8 May 1989 section 3 Government Superannuation Fund Amendment Act 1989 75: Interpretation Section 75 repealed 8 May 1989 section 3 Government Superannuation Fund Amendment Act 1989 75A: Application of this Part Section 75A repealed 8 May 1989 section 3 Government Superannuation Fund Amendment Act 1989 76: Retiring allowances of Judges Section 76 repealed 8 May 1989 section 3 Government Superannuation Fund Amendment Act 1989 77: Election to contribute for widow's annuity Section 77 repealed 4 December 1964 Government Superannuation Fund Amendment Act 1964 78: Contributions Section 78 repealed 8 May 1989 section 3 Government Superannuation Fund Amendment Act 1989 79: Annuity to widow or refund of contributions on death of contributor Section 79 repealed 8 May 1989 section 3 Government Superannuation Fund Amendment Act 1989 79A: Election by Judge or surviving spouse to surrender proportion of retiring allowance or annuity and receive cash payment Section 79A repealed 25 December 1986 Government Superannuation Fund Amendment Act 1986 80: Refund of contributions where Judge unmarried after retirement Section 80 repealed 8 May 1989 section 3 Government Superannuation Fund Amendment Act 1989 81: Judges' Superannuation Account Section 81 repealed 1 January 1981 Government Superannuation Fund Amendment Act 1980 5A: Superannuation of Judges and Solicitor-General as from commencement of 1 April 1988 Part 5A inserted 8 May 1989 section 4 Government Superannuation Fund Amendment Act 1989 Interpretation and application Heading inserted 8 May 1989 section 4 Government Superannuation Fund Amendment Act 1989 81A: Interpretation In this Part, unless the context otherwise requires,— Judge a: a Judge of the High Court appointed under section 100 b: a Judge of the Employment Court appointed under section 200 section 253 c: a Judge of the Compensation Court appointed under section 41 of the Workers' Compensation Act 1956: d: a Judge of the Maori Land Court appointed under section 7 e: a Judge of the District Court appointed under section 11 24 and includes, for the purpose of calculating any retiring allowance, annuity, other allowance, or payment that is payable under this Part, any person to whom this Part has applied and who has ceased to be a Judge judicial service a: any service as a Judge; and b: any service as a temporary Judge in respect of which contributions are paid as if that service were service as a Judge,— and, where such service is not continuous, shall be the aggregate of all such periods of service temporary Judge a: a Judge of the High Court appointed under section 113 b: a Judge of the Employment Court appointed under section 207 c: a Judge of the Compensation Court appointed under section 43 of the Workers' Compensation Act 1956 d: a Judge of the Maori Land Court appointed under section 9 e: a Judge of the District Court appointed under section 31 Section 81A inserted 8 May 1989 section 4 Government Superannuation Fund Amendment Act 1989 Section 81A Judge amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 81A Judge replaced 2 October 2000 section 240 Employment Relations Act 2000 Section 81A Judge amended 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993 Section 81A Judge amended 1 March 2017 section 261 District Court Act 2016 Section 81A temporary Judge amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 81A temporary Judge replaced 2 October 2000 section 240 Employment Relations Act 2000 Section 81A temporary Judge amended 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993 Section 81A temporary Judge amended 1 March 2017 section 261 District Court Act 2016 81B: Application of this Part to Judges 1: Subject to section 81D 2: Nothing in this Part shall apply in respect of— a: any person who is first appointed as a Judge or as Solicitor-General after 30 June 1992; or b: any period of judicial service after 30 June 1992 by any person who resumes judicial service after that date (other than a person whose contributions in respect of his or her previous period of judicial service remained, as a result of an election made by that person under this Part, in the Judges Superannuation Account throughout the period between that person's 2 periods of judicial service). 3: Nothing in subsection (2) prevents any person who, as at the close of 30 June 1992, is a temporary Judge and who is appointed as a Judge immediately after ceasing to be a temporary Judge, from— a: contributing in accordance with section 81G(3) b: contributing under this Part in respect of that immediately following period of service as a Judge. 4: Nothing in subsection (2) prevents any person who, as at the close of 30 June 1992, is an Associate Judge an Associate Judge 5: Notwithstanding subsection (2), this Part shall continue to apply to any person who, as at the close of 30 June 1992, holds the office of Solicitor-General. 6: Notwithstanding anything to the contrary in this Act, nothing in this Part shall apply in respect of any period of judicial service after the effective date of an election under section 81OA Section 81B inserted 8 May 1989 section 4 Government Superannuation Fund Amendment Act 1989 Section 81B(2) inserted 1 July 1992 section 12 Government Superannuation Fund Amendment Act (No 2) 1992 Section 81B(3) inserted 1 July 1992 section 12 Government Superannuation Fund Amendment Act (No 2) 1992 Section 81B(4) inserted 1 July 1992 section 12 Government Superannuation Fund Amendment Act (No 2) 1992 Section 81B(4) amended 20 May 2004 section 6(3) Judicature Amendment Act 2004 Section 81B(5) inserted 1 July 1992 section 12 Government Superannuation Fund Amendment Act (No 2) 1992 Section 81B(6) inserted 1 October 1995 section 30 Government Superannuation Fund Amendment Act 1995 81C: Application of this Part to persons to whom Part 4 applies 1: Subject to subsection (2), this Part shall apply to all persons to whom Part 4 2: Any person referred to in subsection (1) may elect, by notice in writing delivered to the Authority Part 4 3: Every such election shall be irrevocable. 4: Where any such election is made, this Part shall not apply and shall be deemed never to have applied to that person. Section 81C inserted 8 May 1989 section 4 Government Superannuation Fund Amendment Act 1989 Section 81C(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 81D: Application of this Part to Judge of or over age of 63 years on appointment 1: Where any person is first appointed to be a Judge after that person has attained the age of 63 years, that person may elect, by notice in writing delivered to the Authority 2: Every such election shall be irrevocable. 3: Where any such election is made, this Part shall not apply and shall be deemed never to have applied to that person. Section 81D inserted 8 May 1989 section 4 Government Superannuation Fund Amendment Act 1989 Section 81D(1) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 81E: Application of this Part to Solicitor-General 1: Subject to subsections (2) to (5), this Part shall apply to any person appointed to the office of Solicitor-General as if that appointment were an appointment as a Judge. 2: The person who held the office of Solicitor-General on 31 March 1988 may elect, by notice in writing delivered to the Authority Part 2A 3: Any person who is appointed to the office of Solicitor-General and who is a contributor under Part 2A Authority 4: Every election under subsection (2) or subsection (3) shall be irrevocable. 5: Where any such election is made, this Part shall not apply and shall be deemed never to have applied to that person. Section 81E inserted 8 May 1989 section 4 Government Superannuation Fund Amendment Act 1989 Section 81E(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 81E(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Contributions Heading inserted 8 May 1989 section 4 Government Superannuation Fund Amendment Act 1989 81F: Contributions 1: A contribution at the rate of 8% shall be deducted from the salary payable to any Judge in respect of any period after 31 March 1988. 2: The contribution shall be deducted as the salary becomes payable from time to time, and shall be paid into a special account within the Government Superannuation Fund to be called the Judges Superannuation Account. 3: Notwithstanding the provisions of subsection (1), where the judicial service completed by a Judge exceeds 16 years, no further contributions shall be deducted from his or her salary in respect of any period after 31 March 1988 or after such service has been completed, whichever is the later. Section 81F inserted 8 May 1989 section 4 Government Superannuation Fund Amendment Act 1989 81G: Service as temporary Judge 1: Where any person is appointed as a temporary Judge and that person was, immediately before his or her appointment, holding office as a Judge, that person shall, unless he or she is entitled to a retiring allowance under section 81H(a) 2: Where subsection (1) applies to any person, the provisions of this Part shall apply to that person as if he or she had received a further appointment as a Judge on the date on which he or she was appointed as a temporary Judge. 3: Where any person to whom subsection (1) does not apply is appointed as a Judge, and that person was, immediately before his or her appointment, holding office as a temporary Judge, that person may elect to pay contributions in respect of his or her service as a temporary Judge as if that service were service as a Judge. 4: Every such election shall be irrevocable, and shall be delivered to the Authority 5: Where any such election is made, the provisions of this Part shall apply to that person as if he or she had been appointed as a Judge on the date on which he or she was appointed as a temporary Judge. Section 81G inserted 8 May 1989 section 4 Government Superannuation Fund Amendment Act 1989 Section 81G(4) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Retiring allowances Heading inserted 8 May 1989 section 4 Government Superannuation Fund Amendment Act 1989 81H: Entitlement of Judge to retiring allowance Every Judge who— a: retires after having attained the age of 68 years; or b: resigns his or her office after having completed not less than 10 years' judicial service and having attained the age of 50 years; or c: satisfies the Governor-General in Council that he or she has become incapable of performing the duties of his or her office by reason of any permanent infirmity or other cause, and resigns his or her office,— shall be entitled to a retiring allowance in proportion to the amount of his or her salary at the time of retiring or resigning, computed in accordance with the provisions of section 81I Section 81H inserted 8 May 1989 section 4 Government Superannuation Fund Amendment Act 1989 81I: Computation of retiring allowance 1: The retiring allowance of a Judge shall be the pension percentage of the Judge's salary at the date of his or her retirement or resignation. 2: For the purposes of this section— appropriate fraction pension percentage P × (0.7 + (0.014 × t)) where— P is the appropriate fraction multiplied by the number of years (including fractions of a year) of judicial service, with a maximum of two-thirds, and, in the case of a Judge to whom section 81H(c) t is the number, if any, of years (including fractions of a year) not exceeding 9.5, by which the date which is the earlier of— a: the date on which judicial service ceased; or b: the date on which a period of 16 years of judicial service was completed,— precedes 1 October 1999. 3: Where a Judge who was contributing under Part 5 P Section 81I replaced 1 April 1990 section 18 Government Superannuation Fund Amendment Act 1990 81J: Minimum retiring allowance for Judge who resigns on grounds of incapacity Section 81J repealed 1 April 1990 section 19 Government Superannuation Fund Amendment Act 1990 Death benefits Heading inserted 8 May 1989 section 4 Government Superannuation Fund Amendment Act 1989 81K: Minimum annuity payable to eligible spouse or partner 1: This section applies to a spouse or partner a: who is the spouse or partner b: who last became the spouse or partner c: who is entitled to a benefit under section 81L section 81M(1) 2: Notwithstanding anything in section 81L section 81M(1) or partner 3: The minimum annuity referred to in subsection (2) shall be reduced— a: by the same proportion as that which the spouse or partner section 81L(1)(b) b: in the case of the spouse or partner section 91 Section 81K inserted 8 May 1989 section 4 Government Superannuation Fund Amendment Act 1989 The Section 81K heading amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 81K(1) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 81K(1)(a) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 81K(1)(b) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 81K(2) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 81K(3)(a) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 81K(3)(b) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 81L: Benefits where Judge dies while in office and leaves spouse or partner 1: Subject to subsection (2), where any Judge dies while in office and leaves a spouse or partner or partner or partner a: a lump sum being— i: 1 year's salary of the Judge calculated at the rate of salary payable to him or her when he or she was last a contributor to the Judges Superannuation Account; or ii: a refund of the Judge's contributions to the Judges Superannuation Account including interest, as if he or she had ceased judicial service on the date of his or her death and made an election under section 81P(1)(a) whichever is the greater, and the spouse or partner b: both— i: a lump sum, being not more than 80% of the maximum sum that the Judge could have elected to receive under section 91 section 81H(c) ii: an annuity at one-half of the rate of the retiring allowance to which the deceased Judge would have been entitled if he or she had resigned from office under section 81H(c) section 91 2: Where a Judge dies while in office after making an election under section 91 or partner a: subsection (1)(a) shall not apply; and b: any lump sum payable under subsection (1)(b)(i) shall be reduced by such amount as the Judge elected to receive under section 91 3: Every election under subsection (1) shall be made in writing delivered to the Authority or partner 4: The entitlement of any spouse or partner relationship status or partner 5: Nothing in this section shall apply to a Judge who dies while in office after becoming entitled to a retiring allowance in respect of any previous judicial service. Section 81L inserted 8 May 1989 section 4 Government Superannuation Fund Amendment Act 1989 Section 81L heading amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 81L(1) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 81L(1)(a) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 81L(2) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 81L(3) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 81L(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 81L(4) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 81L(4) amended 26 April 2005 section 4(3) Government Superannuation Fund Amendment Act 2005 81M: Benefits where Judge dies after becoming entitled to retiring allowance and leaves spouse or partner 1: Where any Judge dies after becoming entitled to a retiring allowance and leaves a spouse or partner or partner or partner or partner a: the amount that the Judge would have been entitled to receive if he or she had made an election under section 81P(1)(a) b: an annuity at one-half of the rate of retiring allowance to which the deceased Judge was entitled at the date of his or her death. 2: Where any Judge dies after becoming entitled to a retiring allowance and leaves a spouse or partner or partner or partner or partner a: the amount that the Judge would have been entitled to receive if the Judge had made an election under section 81P(1)(a) b: an annuity being the appropriate proportion of the retiring allowance to which the deceased Judge was entitled at the date of his or her death which shall be— i: 10% of that allowance where the Judge dies less than 2 years after the spouse or partner or partner ii: 20% of that allowance where the Judge dies 2 or more years but less than 3 years after the spouse or partner or partner iii: 30% of that allowance where the Judge dies 3 or more years but less than 4 years after the spouse or partner or partner iv: 40% of that allowance where the Judge dies 4 or more years but less than 5 years after the spouse or partner or partner v: 50% of that allowance where the Judge dies 5 or more years after the spouse or partner or partner 3: Every election under subsection (1) or subsection (2) shall be made in writing delivered to the Authority or partner 4: The entitlement of any spouse or partner relationship status or partner Section 81M inserted 8 May 1989 section 4 Government Superannuation Fund Amendment Act 1989 Section 81M heading amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 81M(1) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 81M(2) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 81M(2)(b)(i) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 81M(2)(b)(ii) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 81M(2)(b)(iii) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 81M(2)(b)(iv) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 81M(2)(b)(v) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 81M(3) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 81M(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 81M(4) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 81M(4) amended 26 April 2005 section 4(3) Government Superannuation Fund Amendment Act 2005 81N: Benefit where Judge dies without leaving spouse or partner 1: Where any Judge dies and does not leave a spouse or partner a: where the Judge dies while in office, the amount that the Judge would have been entitled to receive if he or she had made an election under section 81P(1)(a) b: where the Judge dies after becoming entitled to a retiring allowance, the amount that the Judge would have been entitled to receive if he or she had made an election under section 81P(1)(a) 2: Any money payable under subsection (1) to the personal representatives of a deceased Judge may, if no grant of probate or of letters of administration is obtained within 3 months after the death of the Judge, be paid to Public Trust Section 81N inserted 8 May 1989 section 4 Government Superannuation Fund Amendment Act 1989 Section 81N heading amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 81N(1) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 81N(2) amended 1 March 2002 section 170(1) Public Trust Act 2001 81O: Children's allowance 1: Where any Judge dies and leaves a child or children under the age of 16 years, there shall be paid to or on behalf of every such child an allowance at the rate calculated under subsection (6) until the child attains the age of 16 years. 2: Where a child of a deceased Judge has attained the age of 16 years and would be entitled to an allowance under subsection (1) if that child had not attained that age, the Authority Authority a: for assisting in the education of that child, up to the end of the calendar year in which the child attains the age of 18 years: b: where the child has a physical or mental disability that prevents the child from earning a living, for such period as the Authority 3: No allowance shall be paid to any child of a deceased Judge under this section if an allowance is already payable to that child under this Act. 4: Any money payable under this section to or on behalf of a child of a deceased Judge may, at the discretion of the Authority a: paid to the child directly; or b: expended by the Authority c: paid to Public Trust Public Trust 5: Any receipt given by an infant or any other person for any money paid under the authority of this section shall be a good discharge to the Authority 6: The rate of the allowance payable each financial year to or on behalf of any child under this section shall be— $1,000 × (A ÷ B) where— A is the index number of the Consumers B is the index number of the Consumers 7: Nothing in this section shall apply to a Judge who dies before becoming entitled to a retiring allowance if the Judge's judicial service had already ceased before the Judge dies. Section 81O inserted 8 May 1989 section 4 Government Superannuation Fund Amendment Act 1989 Section 81O(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 81O(2)(b) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 81O(4) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 81O(4)(b) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 81O(4)(c) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 81O(5) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 81O(6) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 81OA: Right to cease to be contributor under Part 5A Any contributor under this Part may, subject to regulations made under section 97 a: to leave the contributor's contributions in the Account and to receive— i: a deferred pension; or ii: a deferred lump sum,— in accordance with those regulations; or b: to receive a refund of the contributor's contributions in accordance with those regulations. Section 81OA inserted 1 October 1995 section 13 Government Superannuation Fund Amendment Act 1995 Benefits on ceasing service Heading inserted 8 May 1989 section 4 Government Superannuation Fund Amendment Act 1989 81P: Rights and benefits where Judge ceases judicial service 1: Where the judicial service of any Judge ceases for any reason (other than the death of the Judge), the Judge may— a: elect to receive a refund of his or her contributions to the Judges Superannuation Account (less any amounts already received by the Judge from that Account) increased, in respect of contributions paid in respect of any period after 1 May 1985 under this Part or Part 4 b: if the Judge has not less than 10 years' judicial service, elect to have the transfer value of his or her contributions (as determined in accordance with section 81S retirement scheme (within the meaning of section 6(1) c: if the Judge has not less than 10 years' judicial service, elect, not more than 6 months after the date of ceasing judicial service or such extended period as the Authority i: he or she may make a further election, not sooner than 3 months before he or she attains the age of 50 years, to receive a retiring allowance from such date as he or she may specify in the election, being a date on or after the day on which he or she attains the age of 50 years; and ii: the retiring allowance shall continue to be payable to him or her during any period when the Judge is not contributing to the Judges Superannuation Account. 2: Every election under subsection (1) may, subject to subsection (3), be revoked, and the Judge may thereupon make an election under any other paragraph of that subsection. 3: Every election under subsection (1) shall be in writing delivered to the Authority Section 81P inserted 8 May 1989 section 4 Government Superannuation Fund Amendment Act 1989 Section 81P(1)(b) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 81P(1)(c) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 81P(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 81Q: Benefits where Judge who has made election under section 81P(1)(c) dies before becoming entitled to retiring allowance Where a Judge who has made an election under section 81P(1)(c) a: if the Judge leaves a spouse or partner sections 81L 81O or partner or partner i: a refund of the Judge's contributions to the Judges Superannuation Account increased, in respect of contributions paid in respect of any period after 1 May 1985 under this Part or Part 4 ii: an annuity at one-half of the rate of the retiring allowance to which the deceased Judge would have been entitled if he or she had become entitled to a retiring allowance calculated under section 81I and the entitlement of the spouse or partner relationship status or partner b: if the Judge dies without leaving a spouse or partner sections 81N 81O Part 4 Section 81Q inserted 8 May 1989 section 4 Government Superannuation Fund Amendment Act 1989 Section 81Q(a) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 81Q(a) amended 26 April 2005 section 4(3) Government Superannuation Fund Amendment Act 2005 Section 81Q(b) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 81R: Benefits where Judge dies before making election under section 81P(1) Where any Judge who is entitled to make an election under paragraph (a) or paragraph (b) of section 81P(1) Section 81R inserted 8 May 1989 section 4 Government Superannuation Fund Amendment Act 1989 81S: Calculation of transfer value For the purposes of section 81P(1)(b) a: the amount of the refund that the Judge would be entitled to receive if he or she made an election under section 81P(1)(a) b: twice the amount of the refund that the Judge would be entitled to receive if he or she had made an election under section 81P(1)(a) whichever is the lesser, increased by the amount that would be included in any refund of contributions payable to the Judge by virtue of section 35(1) Section 81S inserted 8 May 1989 section 4 Government Superannuation Fund Amendment Act 1989 81T: Calculation of retiring allowance payable to Judge who has made election under section 81P(1)(c) For the purposes of determining the retiring allowance payable to a person who has made an election under section 81P(1)(c) section 81I a: the Judge's salary at the date of retirement or resignation shall be determined as the salary at the date on which the judicial service ceased, increased by the percentage (if any) as certified by the Government Statistician by which the index number of the Consumers b: the date upon which the retiring allowance is first to be paid shall be treated as the date of the person's retirement or resignation. Section 81T inserted 8 May 1989 section 4 Government Superannuation Fund Amendment Act 1989 Section 81T(a) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 81U: Determination of amount of refund For the purposes of determining the amount of any refund of contributions payable to or in respect of any Judge under any provision of sections 81P 81Q 81R section 35(1) Section 81U inserted 8 May 1989 section 4 Government Superannuation Fund Amendment Act 1989 81UA: Election by Solicitor-General to continue to contribute to Judges Superannuation Account after retirement from office 1: In this section, Solicitor-General 2: Notwithstanding anything contained in this Part, the Solicitor-General may elect to continue to contribute to the Judges Superannuation Account in accordance with this Part after resigning office as Solicitor-General, if the Solicitor-General resigns office, whether voluntarily or otherwise, before becoming entitled to a retiring allowance under this Part. 3: Any election by the Solicitor-General under subsection (2) must be made in writing delivered to the Authority 4: If the Solicitor-General makes an election under subsection (2), the Solicitor-General shall continue to be a contributor to the Judges Superannuation Account under this Part after resigning office until— a: the date on which the Solicitor-General elects to cease to be a contributor, which, except with the consent of the Authority b: the Solicitor-General dies,— whichever date first occurs; and if the date specified in paragraph (a) first occurs it shall be deemed to be the date on which the Solicitor-General resigns office. 5: The period during which the Solicitor-General continues to be a contributor to the Judges Superannuation Account under this section shall be deemed for the purposes of this Part to be judicial service, and the Solicitor-General shall be deemed to receive during that period such salary as the Authority 6: The Solicitor-General shall, for the purposes of this Part, be deemed to have continued to hold office as Solicitor-General during the period specified in subsection (5). 7: If before becoming entitled to a retiring allowance under this Part, the Solicitor-General— a: satisfies the Governor-General in Council that, if the Solicitor-General were still in office, the Solicitor-General would be incapable of performing the duties of that office by reason of any permanent infirmity or other cause; and b: elects to cease to be a contributor under this section to the Judges Superannuation Account,— the Solicitor-General shall be deemed to be entitled to a retiring allowance as if the Solicitor-General had complied with section 81H(c) 8: The Solicitor-General shall, in respect of the period of judicial service referred to in subsection (5), pay into the Judges Superannuation Account within the time and in the manner determined by the Authority a: the contributions payable under this Part if the Solicitor-General had continued in office; and b: the amount by which those contributions are less than the amount certified by the Authority, after receiving advice from an actuary, Authority 9: Except with the consent of the Authority Section 81UA inserted 14 October 1996 clause 2 Judicial Superannuation Determination 1996 Section 81UA(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 81UA(4)(a) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 81UA(5) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 81UA(8) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 81UA(8)(b) amended 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 81UA(8)(b) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 81UA(9) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Minimum payments in respect of certain Judges Heading repealed 1 April 1990 section 20 Government Superannuation Fund Amendment Act 1990 81V: Certain Judges or surviving spouses to be entitled to minimum payments Section 81V repealed 1 April 1990 section 20 Government Superannuation Fund Amendment Act 1990 Subsidy Heading inserted 8 May 1989 section 4 Government Superannuation Fund Amendment Act 1989 81W: Provision for payments 1: All retiring allowances, annuities, other allowances, and payments that are payable under this Part shall be paid out of the Judges Superannuation Account. 2: Where in any year the money in the Judges Superannuation Account is insufficient to meet the payments required by subsection (1), the deficiency shall be met by a payment from public money Section 81W inserted 8 May 1989 section 4 Government Superannuation Fund Amendment Act 1989 Section 81W(2) amended 26 July 1989 section 86(1) Public Finance Act 1989 5B: Superannuation of Associate Judges Part 5B inserted 8 May 1989 section 4 Government Superannuation Fund Amendment Act 1989 Part 5B heading: amended 20 May 2004 section 6(2) Judicature Amendment Act 2004 81X: Interpretation In this Part, unless the context otherwise requires,— Associate Judge section 100 Judge Part 5A Section 81X inserted 8 May 1989 section 4 Government Superannuation Fund Amendment Act 1989 Section 81X Associate Judge inserted 20 May 2004 section 6(2) Judicature Amendment Act 2004 Section 81X Associate Judge amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 81X Master repealed 20 May 2004 section 6(2) Judicature Amendment Act 2004 81XA: Application 1: Nothing in this Part shall apply in respect of— a: any person who is first appointed as an Associate Judge b: any period of service as an Associate Judge an Associate Judge an Associate Judge Part 5A section 81Y(4) section 81Z(3) an Associate Judge 2: Notwithstanding anything to the contrary in this Act, nothing in this Part or Part 5A an Associate Judge section 81OA Section 81XA inserted 1 July 1992 section 13 Government Superannuation Fund Amendment Act (No 2) 1992 Section 81XA(1)(a) amended 20 May 2004 section 6(2) Judicature Amendment Act 2004 Section 81XA(1)(b) amended 20 May 2004 section 6(2) Judicature Amendment Act 2004 Section 81XA(2) inserted 1 October 1995 section 30 Government Superannuation Fund Amendment Act 1995 Section 81XA(2) amended 20 May 2004 section 6(2) Judicature Amendment Act 2004 81Y: Associate Judges 1: Subject to this section, any person who is appointed as an Associate Judge an Associate Judge 2: No person shall be entitled to make an election under subsection (1) who has made an election under section 81Z(1) section 81ZB(1) 3: Every election under subsection (1) shall be irrevocable, and shall be delivered to the Authority an Associate Judge 4: Where any person makes an election under subsection (1), the provisions of Part 5A an Associate Judge Section 81Y inserted 8 May 1989 section 4 Government Superannuation Fund Amendment Act 1989 Section 81Y heading amended 20 May 2004 section 6(2) Judicature Amendment Act 2004 Section 81Y(1) amended 20 May 2004 section 6(2) Judicature Amendment Act 2004 Section 81Y(3) amended 20 May 2004 section 6(2) Judicature Amendment Act 2004 Section 81Y(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 81Y(4) amended 20 May 2004 section 6(2) Judicature Amendment Act 2004 81Z: Judges appointed as Associate Judges 1: Subject to this section, where any person— a: is appointed as an Associate Judge b: was, immediately before that appointment, holding office as a Judge,— that person may elect to pay contributions in respect of that person's service as an Associate Judge 2: Every election under subsection (1) shall be irrevocable, and shall be delivered to the Authority an Associate Judge 3: Where any person makes an election under subsection (1), the provisions of Part 5A an Associate Judge Section 81Z inserted 8 May 1989 section 4 Government Superannuation Fund Amendment Act 1989 Section 81Z heading amended 20 May 2004 section 6(2) Judicature Amendment Act 2004 Section 81Z(1) amended 20 May 2004 section 6(2) Judicature Amendment Act 2004 Section 81Z(1)(a) amended 20 May 2004 section 6(2) Judicature Amendment Act 2004 Section 81Z(2) amended 20 May 2004 section 6(2) Judicature Amendment Act 2004 Section 81Z(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 81Z(3) amended 20 May 2004 section 6(2) Judicature Amendment Act 2004 81ZA: Part-time Associate Judges 1: Notwithstanding anything in this Act, where any Associate Judge section 81Y(4) section 81Z(3) an Associate Judge that Associate Judge's an Associate Judge section 91 section 91A section 91B that Associate Judge's that Associate Judge's that Associate Judge that Associate Judge's an Associate Judge 2: Subsection (1) shall apply whether or not the retiring allowance, annuity, other allowance, or payment is payable at a minimum rate prescribed by this Act, but nothing in subsection (1) shall apply in respect of any allowance payable to a child under section 81O 3: For the purposes of determining any retiring allowance, annuity, other allowance, or payment that would, apart from subsection (1), be payable to any person by reason of an Associate Judge's section 81I section 81L(1)(a)(i) any Associate Judge section 81Y(4) section 81Z(3) that Associate Judge any Associate Judge that Associate Judge that Associate Judge's an Associate Judge an Associate Judge 4: Subject to subsection (1), in determining, for the purposes of Part 5A any Associate Judge an Associate Judge an Associate Judge Section 81ZA inserted 8 May 1989 section 4 Government Superannuation Fund Amendment Act 1989 Section 81ZA heading amended 20 May 2004 section 6(2) Judicature Amendment Act 2004 Section 81ZA(1) amended 20 May 2004 section 6(2) Judicature Amendment Act 2004 Section 81ZA(3) amended 20 May 2004 section 6(2) Judicature Amendment Act 2004 Section 81ZA(4) amended 20 May 2004 section 6(2) Judicature Amendment Act 2004 81ZB: Associate Judges 1: Notwithstanding anything in this Act but subject to this section, any person who— a: is appointed as an Associate Judge b: was, immediately before that appointment, a contributor under Part 2 Part 2A Part 3 Part 3A may elect to continue to contribute under Part 2 Part 2A Part 3 Part 3A an Associate Judge 2: No person shall be entitled to make an election under subsection (1) who has made an election under section 81Y(1) 3: Every election under subsection (1) shall be irrevocable, and shall be delivered to the Authority an Associate Judge 4: Where any person makes an election under subsection (1), that person shall be deemed, for the purposes of Part 2 Part 2A Part 3 Part 3A an Associate Judge an Associate Judge 5: For the purposes of applying Part 2 Part 2A Part 3 Part 3A an Associate Judge controlling authority chief executive of the Ministry of Justice Section 81ZB inserted 8 May 1989 section 4 Government Superannuation Fund Amendment Act 1989 Section 81ZB heading amended 20 May 2004 section 6(2) Judicature Amendment Act 2004 Section 81ZB(1) amended 20 May 2004 section 6(2) Judicature Amendment Act 2004 Section 81ZB(1)(a) amended 20 May 2004 section 6(2) Judicature Amendment Act 2004 Section 81ZB(3) amended 20 May 2004 section 6(2) Judicature Amendment Act 2004 Section 81ZB(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 81ZB(4) amended 20 May 2004 section 6(2) Judicature Amendment Act 2004 Section 81ZB(5) amended 20 May 2004 section 6(2) Judicature Amendment Act 2004 Section 81ZB(5) amended 1 October 2003 section 14(2) State Sector Amendment Act 2003 81ZC: Associate Judge For the purposes of applying this Act to a person who holds office as an Associate Judge any Associate Judge that Associate Judge's that Associate Judge that Associate Judge an Associate Judge Section 81ZC inserted 8 May 1989 section 4 Government Superannuation Fund Amendment Act 1989 Section 81ZC heading amended 20 May 2004 section 6(2) Judicature Amendment Act 2004 Section 81ZC amended 20 May 2004 section 6(2) Judicature Amendment Act 2004 6: Parliamentary superannuation Part 6 replaced 29 October 1987 section 2 Government Superannuation Fund Amendment Act 1987 82: Interpretation 1: In this Part, unless the context otherwise requires,— member section 8 ordinary member Members of Parliament (Remuneration and Services) Act 2013 salary Members of Parliament (Remuneration and Services) Act 2013 year 2: For the purpose of computing the length of any period of service of any person as a member for the purposes of this Part,— a: where any period of such service has commenced or ended before 1 July in any year, it shall be deemed to have commenced or ended, as the case may be, at the beginning of that year: b: where any period of such service has commenced or ended on or after 1 July in any year, it shall be deemed to have commenced or ended, as the case may be, at the end of that year. Section 82 replaced 29 October 1987 section 2 Government Superannuation Fund Amendment Act 1987 Section 82(1) member amended 16 December 2013 section 66 Members of Parliament (Remuneration and Services) Act 2013 Section 82(1) ordinary member amended 16 December 2013 section 66 Members of Parliament (Remuneration and Services) Act 2013 Section 82(1) salary amended 16 December 2013 section 66 Members of Parliament (Remuneration and Services) Act 2013 82A: Application 1: Nothing in this Part shall apply in respect of any person who, not being a member on 30 June 1992, is elected as a member after that date. 2: Where any person who is a member on 30 June 1992— a: is not re-elected as a member at any general election that takes place after that date; or b: ceases to be a member after that date by reason of his or her seat having become vacant under section 32 of the Electoral Act 1956 nothing in this Part shall apply in respect of any subsequent period of service as a member. 3: Notwithstanding anything to the contrary in this Act, nothing in this Part shall apply in respect of any period of service as a member after the effective date of an election under section 86FA Section 82A inserted 1 July 1992 section 14 Government Superannuation Fund Amendment Act (No 2) 1992 Section 82A(3) inserted 1 October 1995 section 30 Government Superannuation Fund Amendment Act 1995 Contributions Heading inserted 29 October 1987 section 2 Government Superannuation Fund Amendment Act 1987 83: Contributions by members 1: From the salary payable to any member a superannuation contribution at a rate equal to 11% of an ordinary member's salary shall be deducted as the salary becomes payable from time to time, and paid into a special account within the Government Superannuation Fund to be called the Parliamentary Superannuation Account. 2: Notwithstanding the provisions of subsection (1), where the service of any person as a member exceeds 20 20 Section 83 replaced 29 October 1987 section 2 Government Superannuation Fund Amendment Act 1987 Section 83(2) amended 8 May 1992 section 2 Government Superannuation Fund Amendment Act 1992 83A: Taxation exemption in respect of contributions Section 83A repealed 1 April 1990 section 21 Government Superannuation Fund Amendment Act 1990 83B: Election to contribute in respect of notional service 1: Where any person is first elected as a member at a by-election in the period which begins with the day after the polling day appointed for a general election and ends with 30 June in the second year following the year in which that polling day occurred, that person may elect, for the purposes of this Part, to have that person's period of service computed as if that person had been elected a member at that general election. 2: Every election made under subsection (1) shall be made not later than 3 months after the polling day appointed for the general election immediately following the by-election at which the person was elected. 3: Every election made under subsection (1) shall be made in writing delivered to the Authority 4: Where a person makes an election under subsection (1), that person shall pay into the Parliamentary Superannuation Account an amount equal to the superannuation contribution that would have been deducted under section 83(1) a: that person had been elected a member at the general election mentioned in subsection (1); and b: that person had been receiving, from the polling day appointed for that general election until the day on which that person's salary commenced to be payable consequent on that person's election as a member at the by-election, a salary at a rate equal to that payable to an ordinary member as at the date on which the election is made by that person under subsection (1). 5: Where any amount payable pursuant to subsection (4) is not paid within 6 months after the polling day appointed for the general election next following the by-election at which the person was elected, that amount or so much of it as is for the time being unpaid shall thereafter bear interest at the rate for the time being determined by the Authority section 23A(6) 6: All interest payable under subsection (5) shall be recoverable as a debt due to the Crown and may be deducted from any annual retiring allowance payable to the person who made the election or any annuity payable to the surviving spouse or partner 7: Every election made under subsection (1) shall have effect according to its tenor. Section 83B replaced 29 October 1987 section 2 Government Superannuation Fund Amendment Act 1987 Section 83B(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 83B(5) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 83B(6) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 83C: Interest payments not to count as contributions Where any person is required or permitted to make payments to the Parliamentary Superannuation Account that include the payment of interest, that interest shall not comprise part of the contributions of that person. Section 83C inserted 29 October 1987 section 2 Government Superannuation Fund Amendment Act 1987 Retiring allowances Heading inserted 29 October 1987 section 2 Government Superannuation Fund Amendment Act 1987 84: Retiring allowance of members 1: Any person who— a: ceases to be a member on or after the commencement of the Government Superannuation Fund Amendment Act 1992 b: has, at the time of so ceasing to be a member, served as a member for not less than 9 years (whether continuously or in 2 or more separate periods, and whether before or after the commencement of the Government Superannuation Fund Amendment Act 1992 c: has attained the age of 50 years,— shall be entitled to an annual retiring allowance until that person dies or again becomes a member. 2: An annual retiring allowance under this section shall commence to be payable to the person entitled to it on the day after the date on which that person ceases to be a member or on the day on which that person attains the age of 50 years, whichever day is the later. 3: The annual retiring allowance payable to a person under this section shall be the pension percentage of the salary payable to an ordinary member at the date on which the retiring allowance first becomes payable. 4: For the purposes of this section, pension percentage P × (0.7 + (0.014 × t)) where— P is the sum of— a: one-thirtieth part multiplied by the number of years of service as a member, not exceeding 20; and b: one one-hundred-and-twentieth part multiplied by the number of years of service as a member in excess of 20: t is the number, if any, of years (including fractions of a year) not exceeding 9.5, by which the date which is the earlier of— a: the date on which service as a member ceased; or b: the date on which a period of 20 years of service as a member was completed,— precedes 1 October 1999. Section 84 replaced 8 May 1992 section 3(1) Government Superannuation Fund Amendment Act 1992 84A: Election to surrender portion of retiring allowance and receive cash payment 1: Any person who becomes entitled to an annual retiring allowance under this Part may elect to surrender the right to receive a proportion of the annual retiring allowance and to receive instead payment out of the Parliamentary Superannuation Account of a sum equal to 12 2: Notwithstanding anything in subsection (1), a member who intends to cease to be a member within the following 3 months may make an election under that subsection as if that member had become entitled to an annual retiring allowance under this Part if— a: that member would have been so entitled if that member had ceased to be a member on the day before the date of the making of the election; or b: that member would be so entitled if that member were to continue in office as a member for a further period (not exceeding 3 months) and were then to cease to be a member. 3: Where any member to whom subsection (2) applies has made an election under subsection (1), that member may make a further election, before that member ceases to be a member, to thereupon receive not more than half the amount that that member would be entitled to receive if that member had been entitled to an annual retiring allowance when that person made the election under subsection (1). 4: Where any amount is paid to any person under subsection (3), interest shall be payable on that amount by that person at such rate as the Authority 5: All such interest shall be recoverable as a debt due to the Crown and may be deducted from any annual retiring allowance payable to the person who made the election or any annuity payable to the surviving spouse or partner 6: Every election under this section shall be made in writing and delivered to the Authority 7: Except as provided in subsections (3) and (8), no person shall have the right to revoke or amend any election under this section or to make any further election. 8: Where a person has made an election under subsection (1), that person shall be entitled to make 1 further election to increase the proportion of the annual retiring allowance surrendered by that person under subsection (1) before that person has accepted any instalment of that person's annual retiring allowance. 9: No election or combination of elections under this section shall entitle any person to surrender more than one-quarter of that person's annual retiring allowance under this Part. 10: Where a person has completed an election under this section or under section 91 11: Upon an election under this section becoming effective, the annual retiring allowance payable to the person who made that election shall be reduced by the same proportion as that which that person has elected to surrender and all rights in respect of the proportion so surrendered shall be determined. 12: Except as provided in subsection (3), any amount which a person is entitled to receive by virtue of an election made pursuant to subsection (2) shall become payable— a: on the date on which that person becomes entitled to payment of the annual retiring allowance; or b: on the date of that person's death,— whichever is the earlier. Section 84A inserted 29 October 1987 section 2 Government Superannuation Fund Amendment Act 1987 Section 84A(1) amended 1 April 1990 section 23 Government Superannuation Fund Amendment Act 1990 Section 84A(4) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 84A(5) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 84A(6) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 84AA: Special right of person who has not attained 50 1: This section applies to any person— a: who ceases to be a member on or after 1 April 1987; and b: who, at the time of so ceasing to be a member, has not attained the age of 50 c: who will, if he or she attains the age of 50 section 84 2: Any person to whom this section applies— a: shall be deemed, for the purposes of this section, to become entitled to an annual retiring allowance on the day after the date on which that person ceases to be a member (being an annual retiring allowance calculated as if that person had become entitled to receive an annual retiring allowance on that day); and b: may, within 3 months after ceasing to be a member and before attaining the age of 50 12 3: Where any person to whom this section applies exercises a right of election under this section and an annual retiring allowance subsequently becomes payable to that person pursuant to section 84 or partner section 86B section 86C a: that annual retiring allowance or the annual retiring allowance on which the annuity is based shall be calculated in accordance with subsections (3) and (4) of section 84 b: that annual retiring allowance or the annual retiring allowance on which the annuity is based shall be reduced by the same proportion as that which that person had elected to surrender and all rights in respect of the proportion surrendered shall be determined. 4: Every election under this section shall be made in writing and delivered to the Authority 5: Except as provided in subsection (6), no person shall have the right to revoke or amend any election under this section or to make any further election. 6: Where a person has made an election under subsection (2)(b), that person shall be entitled to make 1 further election to increase the proportion of the annual retiring allowance surrendered by that person under subsection (2)(b) before that person has accepted any instalment of that person's annual retiring allowance. 7: No election or combination of elections under this section shall entitle any person to surrender more than one-quarter of that person's annual retiring allowance under this Part. 8: Where a person has completed an election under this section in respect of a previous period of contributory service, the amount so surrendered shall be deducted from the annual retiring allowance that that person may elect to surrender. 9: A person to whom this section applies may not make an election under section 84A Section 84AA inserted 29 October 1987 section 2 Government Superannuation Fund Amendment Act 1987 Section 84AA heading amended 8 May 1992 section 4 Government Superannuation Fund Amendment Act 1992 Section 84AA(1)(b) amended 8 May 1992 section 4(a) Government Superannuation Fund Amendment Act 1992 Section 84AA(1)(c) amended 8 May 1992 section 4(b) Government Superannuation Fund Amendment Act 1992 Section 84AA(2)(b) amended 8 May 1992 section 4(c) Government Superannuation Fund Amendment Act 1992 Section 84AA(2)(b) amended 1 April 1990 section 24 Government Superannuation Fund Amendment Act 1990 Section 84AA(3) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 84AA(3)(a) amended 1 July 1992 section 15 Government Superannuation Fund Amendment Act (No 2) 1992 Section 84AA(4) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 84B: Right to defer retiring allowance to age 55 years or 60 years in return for lump sum on retirement 1: Any person to whom section 84AA C: is that person's annual retiring allowance calculated as if that person had been entitled to receive an annual retiring allowance under section 84 section 84A section 84AA D: is 4.2 if deferral is to age 55 years or 8.4 if deferral is to age 60 years. 2: Every election under subsection (1)— a: shall be made in writing; and b: shall be delivered to the Authority i: within 3 months after the date on which the person ceases to be a member; and ii: before the person who made the election has accepted any portion of that person's annual retiring allowance. 3: No person shall have the right to revoke or amend any election made under subsection (1) or to make any further election after the person has accepted any payment under this section. 4: The amount of the annual retiring allowance payable to every person who has made an election under this section shall be calculated according to the formula set out in subsection (5) or subsection (6) (as appropriate). 5: In any case where the person ceases to be a member on or after 1 April 1990, the formula for the purposes of subsection (4) is— C ÷ [1 + (0.02 × n)] where— C is the annual retiring allowance that would have been payable— a: had that person not elected to defer the annual retiring allowance, but after allowing for the effect of any election under section 84A section 84AA section 84C b: had Part 3 n is the number, if any, of years (including fractions of a year) by which the date on which service as a member ceased precedes whichever is the earlier of— a: the date to which the person elected to defer the annual retiring allowance; or b: 1 October 1999. 6: In any case where the person ceases to be a member before 1 April 1990, the formula for the purposes of subsection (4) is— C × (0.7 + (0.014 × t)) where— C is the annual retiring allowance that would have been payable— a: had that person not elected to defer the annual retiring allowance, but after allowing for the effect of any election under section 84A section 84AA section 84C b: had neither Part 1 Part 3 t is the number, if any, of years (including fractions of a year) by which the date to which the person elected to defer the annual retiring allowance precedes 1 October 1999. Section 84B replaced 8 May 1992 section 5(1) Government Superannuation Fund Amendment Act 1992 Section 84B(2)(b) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 84C: Election of variable retiring allowance to secure level income 1: Subject to the provisions of this section, any person who becomes entitled to an annual retiring allowance payable out of the Parliamentary Superannuation Account may, with the consent of the Authority 2: An election under this section may be for 1 reduction of the actual annual retiring allowance from 1 specified date or for successive reductions from 2 or more specified dates. 3: The maximum amount or proportion of the annual retiring allowance that any person who becomes entitled to an annual retiring allowance payable out of the Parliamentary Superannuation Account may surrender on making an election under this section shall be determined by the Authority 4: Before the Authority 5: Every annual retiring allowance granted in accordance with this section shall be determined by the Authority 6: Every election under this section shall be in writing delivered to the Authority 7: An election under this section may be made at any time within the 3 months immediately preceding the date of the commencement of the annual retiring allowance or at any time before the acceptance of the first instalment of that annual retiring allowance. Section 84C inserted 29 October 1987 section 2 Government Superannuation Fund Amendment Act 1987 Section 84C(1) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 84C(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 84C(4) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 84C(5) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 84C(6) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Cash benefits Heading inserted 29 October 1987 section 2 Government Superannuation Fund Amendment Act 1987 85: Elections to receive cash benefits, etc 1: Any person who ceases to be a member may, at any time before accepting any payment under this Part, elect to receive, without interest, twice the total amount of that person's contributions under this Part. 2: Subsection (1) and section 85C section 61 3: Except as provided in section 85C a: receives a payment pursuant to an election made under subsection (1); or b: receives a refund under subsection (2),— shall be entitled to any other benefit under this Part. Section 85 replaced 29 October 1987 section 2 Government Superannuation Fund Amendment Act 1987 85A: Benefit where retired member who is not entitled to retiring allowance dies before receiving cash benefit 1: This section applies to any person— a: who has ceased to be a member, on or after 1 April 1987, after having served as a member for less than 9 years; and b: who has not received— i: a payment pursuant to an election made under section 85(1) ii: a refund under section 85(2) 2: Where any person to whom this section applies dies on or after 1 April 1987, the amount that that person would have been entitled to receive if that person had made an election under section 85(1) a: to that person's spouse or partner b: if that person does not leave a spouse or partner 3: Any money payable out of the Parliamentary Superannuation Account under subsection (2)(b) to the personal representatives of a deceased person may, if no grant of probate or of letters of administration is obtained within 3 months after the death of that person, be paid to Public Trust Section 85A inserted 29 October 1987 section 2 Government Superannuation Fund Amendment Act 1987 Section 85A(2)(a) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 85A(2)(b) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 85A(3) amended 1 March 2002 section 170(1) Public Trust Act 2001 Re-election Heading inserted 29 October 1987 section 2 Government Superannuation Fund Amendment Act 1987 85B: Re-election as member before receiving any payment Section 85B repealed 1 July 1992 section 16 Government Superannuation Fund Amendment Act (No 2) 1992 85C: Re-election as member after receiving cash benefit Section 85C repealed 1 July 1992 section 16 Government Superannuation Fund Amendment Act (No 2) 1992 85D: Re-election as member before attaining age at which retiring allowance is payable Section 85D repealed 1 July 1992 section 16 Government Superannuation Fund Amendment Act (No 2) 1992 86: Re-election as member after retiring Where any person who is in receipt of, or who would otherwise become entitled to, an annual retiring allowance under this Part (including a person who has ceased to be a member before 1 July 1992) again becomes a member, that annual retiring allowance shall not be payable while that person continues to be a member; and, upon subsequently ceasing to be a member, the annual retiring allowance shall be payable to that person at the rate at which it would have been payable in accordance with this Part if that person had not again become a member. Section 86 replaced 1 July 1992 section 17 Government Superannuation Fund Amendment Act (No 2) 1992 Death benefits Heading inserted 29 October 1987 section 2 Government Superannuation Fund Amendment Act 1987 86A: Benefits where member dies and leaves spouse or partner 1: Where any member dies on or after 1 April 1987 and leaves a spouse or partner or partner or partner a: a lump sum being— i: 1 year's salary of an ordinary member calculated at the rate payable at the date of death; or ii: without interest, twice the total amount of that member's contributions under this Part— whichever is the greater; or b: an annuity at one-half of the rate of the annual retiring allowance to which the member would have been entitled from time to time under section 84 i: he or she had ceased to be a member on the date of his or her death; and ii: nothing in that section required him or her to attain the age of 50 c: both— i: a lump sum, being not more than 80% of the maximum sum that the member could have elected to receive under section 84A section 84 50 ii: an annuity at the rate fixed by paragraph (b), reduced by the same proportion as the proportion of the annual retiring allowance which the member would have had to surrender under section 84A(1) 2: Every election under subsection (1) shall be made in writing delivered to the Authority or partner 3: The entitlement of any spouse or partner relationship status or partner Section 86A inserted 29 October 1987 section 2 Government Superannuation Fund Amendment Act 1987 Section 86A heading amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 86A(1) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 86A(1)(b)(ii) amended 8 May 1992 section 6 Government Superannuation Fund Amendment Act 1992 Section 86A(1)(c)(i) amended 8 May 1992 section 6 Government Superannuation Fund Amendment Act 1992 Section 86A(2) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 86A(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 86A(3) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 86A(3) amended 26 April 2005 section 4(3) Government Superannuation Fund Amendment Act 2005 86B: Benefits where retired member dies before becoming entitled to retiring allowance and leaves spouse or partner 1: Where any person, being a person who has ceased to be a member on or after 1 April 1987 and who would, on attaining the age of 50 or partner or partner or partner a: without interest, twice the total amount of that person's contributions under this Part, less any amounts received by that person from the Parliamentary Superannuation Account since that person last became a member; or b: an annuity in accordance with subsection (2) or subsection (3). 2: Where the deceased person would have become entitled to an annual retiring allowance on attaining the age of 50 or partner a: the spouse or partner b: the annuity shall be paid at one-half of the rate of the annual retiring allowance to which the deceased person would have been entitled from time to time under this Part if he or she had not been required to attain the age of 50 3: Where the deceased person would have become entitled to an annual retiring allowance on attaining the age of 55 years or 60 years and the spouse or partner a: the spouse or partner b: the annuity shall be paid at one-half of the rate of the annual retiring allowance that would have been payable to the deceased person from time to time if he or she had survived until the day on which he or she would have become entitled to the annual retiring allowance. 4: Every election under subsection (1) shall be made in writing delivered to the Authority or partner 5: The entitlement of any spouse or partner relationship status or partner Section 86B inserted 29 October 1987 section 2 Government Superannuation Fund Amendment Act 1987 Section 86B heading amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 86B(1) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 86B(1) amended 8 May 1992 section 7(a) Government Superannuation Fund Amendment Act 1992 Section 86B(2) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 86B(2) amended 8 May 1992 section 7(b) Government Superannuation Fund Amendment Act 1992 Section 86B(2)(a) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 86B(2)(b) amended 8 May 1992 section 7(b) Government Superannuation Fund Amendment Act 1992 Section 86B(3) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 86B(3)(a) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 86B(4) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 86B(4) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 86B(5) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 86B(5) amended 26 April 2005 section 4(3) Government Superannuation Fund Amendment Act 2005 86C: Benefits where retired member dies after becoming entitled to retiring allowance and leaves spouse or partner 1: Where any person who has ceased to be a member on or after 1 April 1987 dies after becoming entitled to an annual retiring allowance under this Part and leaves a spouse or partner or partner or partner or partner a: without interest, twice the total amount of that person's contributions under this Part, less any amounts received by that person from the Parliamentary Superannuation Account since that person last became a member; or b: an annuity at one-half of the rate of the annual retiring allowance that, disregarding the effect of any election made under section 40 section 84C 2: Where any person who has ceased to be a member on or after 1 April 1987 dies after becoming entitled to an annual retiring allowance under this Part and leaves a spouse or partner or partner or partner or partner a: without interest, twice the total amount of that person's contributions under this Part, less any amounts received by that person from the Parliamentary Superannuation Account since that person last became a member; or b: an annuity being the appropriate proportion of the annual retiring allowance that, disregarding the effect of any election made under section 40 section 84C i: 10% of that allowance where that person dies less than 2 years after the spouse or partner or partner ii: 20% of that allowance where that person dies 2 or more years but less than 3 years after the spouse or partner or partner iii: 30% of that allowance where that person dies 3 or more years but less than 4 years after the spouse or partner or partner iv: 40% of that allowance where that person dies 4 or more years but less than 5 years after the spouse or partner or partner v: 50% of that allowance where that person dies 5 or more years after the spouse or partner or partner 3: Every election under subsection (1) or subsection (2) shall be made in writing delivered to the Authority or partner 4: The entitlement of any spouse or partner relationship status or partner Section 86C inserted 29 October 1987 section 2 Government Superannuation Fund Amendment Act 1987 Section 86C heading amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 86C(1) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 86C(2) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 86C(2)(b)(i) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 86C(2)(b)(ii) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 86C(2)(b)(iii) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 86C(2)(b)(iv) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 86C(2)(b)(v) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 86C(3) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 86C(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 86C(4) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 86C(4) amended 26 April 2005 section 4(3) Government Superannuation Fund Amendment Act 2005 86D: Benefit where member or retired member dies without leaving spouse or partner 1: This section applies to any person who is— a: a member; or b: a person who has ceased to be a member on or after 1 April 1987 but who— i: is entitled to an annual retiring allowance under this Part; or ii: will, on attaining the age of 50 2: Where any person to whom this section applies dies on or after 1 April 1987 and does not leave a spouse or partner 3: Any money payable out of the Parliamentary Superannuation Account under subsection (2) to the personal representatives of a deceased person may, if no grant of probate or of letters of administration is obtained within 3 months after the death of that person, be paid to Public Trust Section 86D inserted 29 October 1987 section 2 Government Superannuation Fund Amendment Act 1987 Section 86D heading amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 86D(1)(b)(ii) amended 8 May 1992 section 8 Government Superannuation Fund Amendment Act 1992 Section 86D(2) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 86D(3) amended 1 March 2002 section 170(1) Public Trust Act 2001 86E: Children's allowance 1: This section applies to any person who is— a: a member; or b: a person who has ceased to be a member on or after 1 April 1987 but who— i: is entitled to an annual retiring allowance under this Part; or ii: will, on attaining the age of 50 2: Where any person to whom this section applies dies on or after 1 April 1987, whether before or after becoming entitled to an annual retiring allowance under this Part, and leaves a child or children under the age of 16 years, there shall be paid to or on behalf of every such child an allowance at the rate calculated under subsection (8) until the child attains the age of 16 years. 3: Where a child of a deceased person has attained the age of 16 years and would be entitled to an allowance under subsection (2) if that child had not attained that age, the Authority Authority a: for assisting in the education of that child, up to the close of 31 December of the year in which the child attains the age of 18 years: b: where the child has a physical or mental disability that prevents the child from earning a living, for such period as the Authority 4: No allowance shall be paid to any child of a deceased person under this section if an allowance is already payable to that child under this section as the child of another person. 5: Where an allowance is payable to any child under section 47 section 61Q(3) 6: Any money payable out of the Parliamentary Superannuation Account under this section to or on behalf of a child of a deceased person may, at the discretion of the Authority a: paid to the child directly; or b: expended by the Authority c: paid to Public Trust Public Trust 7: Any receipt given by an infant or any other person for any money paid under the authority of this section shall be a good discharge to the Authority 8: The rate of the allowance payable each year to or on behalf of any child under this section shall be— $1,000 × (A ÷ B) where— A is the index number of the Consumers B is the index number of the Consumers Section 86E inserted 29 October 1987 section 2 Government Superannuation Fund Amendment Act 1987 Section 86E(1)(b)(ii) amended 8 May 1992 section 9 Government Superannuation Fund Amendment Act 1992 Section 86E(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 86E(3)(b) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 86E(6) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 86E(6)(b) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 86E(6)(c) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 86E(7) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 86E(8) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 86F: Election to surrender proportion of annuity and receive cash payment 1: This section shall apply to any surviving spouse or partner 2: Any surviving spouse or partner 12 3: Every election under this section shall be made in writing and delivered to the Authority or partner 4: No surviving spouse or partner 5: The proportion of the annuity that any surviving spouse or partner 6: On the making of any such election, the annuity payable to the surviving spouse or partner or partner Section 86F inserted 29 October 1987 section 2 Government Superannuation Fund Amendment Act 1987 Section 86F(1) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 86F(2) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 86F(2) amended 1 April 1990 section 26 Government Superannuation Fund Amendment Act 1990 Section 86F(3) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 86F(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 86F(4) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 86F(5) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 86F(6) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 86FA: Right to cease to be contributor under Part 6 Any contributor under this Part may, subject to regulations made under section 97 a: to leave the contributor's contributions in the Account and to receive— i: a deferred pension; or ii: a deferred lump sum,— in accordance with those regulations; or b: to receive a refund of the contributor's contributions in accordance with those regulations. Section 86FA inserted 1 October 1995 section 14 Government Superannuation Fund Amendment Act 1995 Exclusion of annual adjustment Heading repealed 8 May 1992 section 10 Government Superannuation Fund Amendment Act 1992 87: Exclusion of provision for annual adjustment Section 87 repealed 8 May 1992 section 10 Government Superannuation Fund Amendment Act 1992 87A: Annual adjustments Section 87A repealed 29 October 1987 section 2 Government Superannuation Fund Amendment Act 1987 87B: Election to surrender proportion of retiring allowance or annuity and receive cash payment Section 87B repealed 29 October 1987 section 2 Government Superannuation Fund Amendment Act 1987 Subsidy Heading inserted 29 October 1987 section 2 Government Superannuation Fund Amendment Act 1987 88: Provision for payments 1: All retiring allowances and refunds of contributions and all other money payable under this Part shall be paid out of the Parliamentary Superannuation Account. 2: Where in any year the money in the Parliamentary Superannuation Account is insufficient to meet the payments required by subsection (1), the deficiency shall be met by a payment from public money Section 88 replaced 29 October 1987 section 2 Government Superannuation Fund Amendment Act 1987 Section 88(2) amended 26 July 1989 section 86(1) Public Finance Act 1989 6A: Superannuation of members of Police Part 6A inserted 29 March 1985 section 2 Government Superannuation Fund Amendment Act (No 2) 1985 Application of this Part Heading inserted 29 March 1985 section 2 Government Superannuation Fund Amendment Act (No 2) 1985 88A: Application 1: This Part shall apply to every contributor to the Fund who is or becomes a member of the Police required to contribute to the Fund as such, and the entitlements of and benefits payable to or in respect of that person shall be determined in accordance with this Part and Part 7 1A: Nothing in this Part shall apply in respect of— a: any person who first becomes a member of the Police after 30 June 1992; or b: any period of service as a member of the Police after 30 June 1992 by any person who rejoins the Police after that date (other than a person whose contributions in respect of his or her previous period of service as a member of the Police remained, as a result of an election made by that person under section 61S(1)(b) section 88H(1) 1B: Nothing in subsection (1A) prevents any person who returns to service as a member of the Police on or after 1 July 1992 from again electing to become a contributor to the Fund under this Part if— a: that person was, as at the close of 30 June 1992, a contributor to the Fund under this Part who was on leave of absence, without salary, from the Police; and b: that person has, throughout the period beginning with the date on which he or she began his or her period of leave of absence, without salary, from the Police and ending with the date on which he or she returned to service with the Police, either— i: continued to contribute to the Fund in accordance with section 32 section 88M(2) ii: as a result of an election made by that person under section 88J(1) 2: This Part shall not apply in respect of any person who has been a member of the Police but is not a member of the Police at the date of the person's retirement or death. 3: Notwithstanding anything to the contrary in this Act, nothing in this Part shall apply in respect of any period of service as a member of the Police after the effective date of an election under section 88HA Section 88A inserted 29 March 1985 section 2 Government Superannuation Fund Amendment Act (No 2) 1985 Section 88A(1A) inserted 1 July 1992 section 18 Government Superannuation Fund Amendment Act (No 2) 1992 Section 88A(1B) inserted 1 July 1992 section 18 Government Superannuation Fund Amendment Act (No 2) 1992 Section 88A(3) inserted 1 October 1995 section 30 Government Superannuation Fund Amendment Act 1995 88B: Members of Police to become and remain contributors to Fund under this Part 1: Except as provided in this section and section 88J 2: Nothing in subsection (1) shall apply to— a: a member of the Police who was or is appointed by reason of special qualifications to perform duties of a specialised nature and who, throughout the member's entire Police career, holds a specially designated rank: b: any temporary member of the Police whom the Commissioner of Police has directed shall not become a contributor to the Fund under this Part. 3: Every person who, immediately before 1 May 1985, is a member of the Police and is a contributor under Part 2 section 88J 4: Every person who, immediately before 1 May 1985, is a member of the Police and is not a contributor under Part 2 Authority a: a member of the Police who was or is appointed by reason of special qualifications to perform duties of a specialised nature and who, throughout the member's entire Police career, holds a specially designated rank: b: a temporary member of the Police whom the Commissioner of Police has directed shall not become a contributor to the Fund under this Part. 5: Every election made under subsection (4) shall take effect on and from 1 May 1985, and the contributions payable by the contributors who make such elections and the benefits payable in respect of contributions by such contributors shall be calculated accordingly. Section 88B inserted 29 March 1985 section 2 Government Superannuation Fund Amendment Act (No 2) 1985 Section 88B(2)(a) replaced 1 January 2002 section 63(2) Human Rights Amendment Act 2001 Section 88B(4) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 88B(4)(a) replaced 1 January 2002 section 63(2) Human Rights Amendment Act 2001 88C: Rate of contributions 1: The contribution to be made by every contributor under this Part who, immediately before 1 May 1985, was a contributor to the Fund under Part 2 a: 7% of the contributor's salary in respect of the period beginning with 1 May 1985 and ending with the day before the first date after 1 October 1985 on which a determination of the Commissioner of Police under section 66A b: 7.5% of the contributor's salary in respect of every period after the period described in paragraph (a). 2: The contribution to be made by every contributor under this Part who is not a contributor to whom subsection (1) applies shall be 7.5% of the contributor's salary. 3: All contributions shall be deducted from the salary of the contributor and paid to the Fund as the salary becomes payable from time to time. Section 88C inserted 29 March 1985 section 2 Government Superannuation Fund Amendment Act (No 2) 1985 88D: Calculation of contributory service of contributors who become members of Police after 1 May 1985 and existing members who retire or die before attaining the age of 55 years 1: This section applies to every person— a: who becomes a contributor under this Part under section 88B(1) b: who becomes a contributor under this Part by virtue of section 88B(3) 2: For the purpose of calculating the contributory service of any person to whom this section applies, the actual contributory service of that person as a member of the Police shall, subject to subsection (3), be increased by 25%. 3: No person to whom this section applies shall be entitled to have more than 40 years' contributory service counted for any of the purposes of this Act unless that person has more than 40 years' actual contributory service, in which case only the actual contributory service shall be counted. Section 88D inserted 29 March 1985 section 2 Government Superannuation Fund Amendment Act (No 2) 1985 88E: Calculation of contributory service of certain contributors who became members of Police before 1 May 1985 and who retire or die after attaining the age of 55 years 1: This section applies to every person— a: who became a contributor under this Part by virtue of section 88B(3) b: who becomes a contributor under this Part under section 88B(4) and who retires or dies on or after attaining the age of 55 years. 2: For the purpose of calculating the contributory service of any person to whom this section applies— a: the person shall, subject to subsection (3), be deemed to have completed an extra period of service as a member of the Police, being the difference between the age of the person at the date of retirement and the age of 60 years; and b: the contributory service of the person as so increased shall, subject to subsection (3), be further increased by one-seventh. 3: No person to whom this section applies shall be entitled to have more than 40 years' contributory service counted for any of the purposes of this Act unless that person has more than 40 years' actual contributory service, in which case only the actual contributory service shall be counted. Section 88E inserted 29 March 1985 section 2 Government Superannuation Fund Amendment Act (No 2) 1985 Benefits Heading inserted 29 March 1985 section 2 Government Superannuation Fund Amendment Act (No 2) 1985 88F: Computation of retiring allowance 1: The retiring allowance of every contributor to the Fund under this Part— a: who elected or was required to retire from the Police under section 27 28 b: who elected or was required to retire from the Police under section 28C 28D c: who elects or is required to leave the Police under section 74 76 shall be an amount equal to the pension percentage of the contributor's final average earnings. 2: The retiring allowance of every contributor to the Fund under this Part— a: who has attained the age of 50 years; and b: who has completed not less than 10 years' actual contributory service; and c: who has agreed in writing that this section should apply to him or her; and d: in respect of whom the Commissioner of Police has agreed that this section should apply— shall be an amount equal to the pension percentage of the contributor's final average earnings. 2A: For the purposes of this section— appropriate percentage pension percentage P × (0.7 + (0.014 × t)) where— P is the appropriate percentage multiplied by the number of years (including fractions of a year) of contributory service: t is the number, if any, of years (including fractions of a year) by which the date on which the retiring allowance commences to be payable precedes 1 October 1999. 2B: For the purposes of subsection (2A), a contributor's contributory service means the amount of that service as increased in respect of service in the Police under section 88D section 88E 3: The Authority a: the contributor resumes employment, whether in the Government service or elsewhere, or becomes gainfully self-employed; or b: the contributor has ceased to be medically unfit for further duty, and fails to accept any employment offered by a controlling authority that is considered by the Authority c: the Authority d: the contributor fails without sufficient justification to submit himself for medical examination when and as often as required by the Authority e: the Authority 4: Any suspension, reduction, or cancellation of a retiring allowance under subsection (3) shall cease when the contributor attains the age of 55 years. 5: For the purposes of subsection (3)(b), a contributor shall be considered to be medically unfit for further duty if, on the certificate of at least 2 Authority Authority Authority 6: Any decision of the Authority sections 61N 61O 61Q section 88I 7: 8: For the purposes of determining the retiring allowance of any contributor under this Part, this section shall be deemed to include subsections (6) to (8) of section 61L Section 88F inserted 29 March 1985 section 2 Government Superannuation Fund Amendment Act (No 2) 1985 Section 88F(1) replaced 1 April 1990 section 27 Government Superannuation Fund Amendment Act 1990 Section 88F(1)(a) replaced 1 October 2008 section 130(1) Policing Act 2008 Section 88F(1)(b) replaced 1 October 2008 section 130(1) Policing Act 2008 Section 88F(1)(c) inserted 1 October 2008 section 130(1) Policing Act 2008 Section 88F(2) replaced 1 April 1990 section 27 Government Superannuation Fund Amendment Act 1990 Section 88F(2A) inserted 1 April 1990 section 27 Government Superannuation Fund Amendment Act 1990 Section 88F(2B) inserted 1 April 1990 section 27 Government Superannuation Fund Amendment Act 1990 Section 88F(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 88F(3)(b) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 88F(3)(c) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 88F(3)(d) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 88F(3)(e) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 88F(5) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 88F(5) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 88F(6) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 88F(7) repealed 1 April 1988 section 17(2) Government Superannuation Fund Amendment Act 1988 88G: Increases to benefits where contributor leaves Police under certain provisions due to lack of fitness 1: Where any contributor under this Part left the Police under section 28C 28D section 74 76 section 61S(1) section 88H Part 2A Part 2 2: The refund payable under subsection (1) to any person who has 5 or more years' service in the Police and who was a contributor to the Fund under Part 2 [(A ÷ B) + (C ÷ D) + (E ÷ F) + (G ÷ H)] × I where— A is the total contributions paid by the contributor as a member of the Police during the period that ended with 31 March 1969 whether in respect of that period or any other period: B is the contributor's rate of contribution on 31 March 1969: C is the total contributions paid by the contributor as a member of the Police during the period that began with 1 April 1969 and ends with 30 April 1985 whether in respect of that period or any other period: D is the contributor's rate of contribution on 31 March 1985: E is the total contributions paid by the contributor as a member of the Police during the period beginning with 1 May 1985 and ending with the day before the first date after 1 October 1985 on which a determination of the Commissioner of Police under section 66A F is 7%: G is the total contributions paid by the contributor as a member of the Police after the period described in E: H is 7.5%: I is— a: 5%, where the contributor has 5 years' but less than 6 years' service in the Police: b: 10%, where the contributor has 6 years' but less than 7 years' service in the Police: c: 15%, where the contributor has 7 or more years' service in the Police. 3: The refund payable under subsection (1) to any person who has 5 or more years' service in the Police and all the contributor's contributory service as a member of the Police is on or after 1 May 1985 shall be further increased in accordance with the following formula: (J ÷ K) × I where— J is the total contributions paid by the contributor as a member of the Police: K is 7.5%: I is— a: 5%, where the contributor has 5 years' but less than 6 years' service in the Police: b: 10%, where the contributor has 6 years' but less than 7 years' service in the Police: c: 15%, where the contributor has 7 or more years' service in the Police. 4: The increases provided for in subsections (2) and (3) shall not be paid in respect of contributions made in respect of any period during which the contributor was not a member of the Police; notwithstanding that the contributor may have paid contributions in respect of that period, and irrespective of whether or not the person was a member of the Police when the contributions were paid. 5: The amount by which any refund is increased under subsection (2) or subsection (3) shall be further increased by 0.25% for every month during which the contributor was a contributor under this Part or as a member of the Police under Part 2 6: Any refund calculated under this section shall be increased by adding to the refund any amount payable to or in respect of the contributor under section 35(1) Section 88G inserted 29 March 1985 section 2 Government Superannuation Fund Amendment Act (No 2) 1985 Section 88G(1) amended 1 October 2008 section 130(1) Policing Act 2008 88H: Benefits where contributor leaves Police other than on death, retirement, or due to lack of fitness 1: Section 61S a: the references in that section to Government service were references to service in the Police: b: the references in that section to section 61L section 88F 2: Where any person makes an election under section 61S(1)(b) section 61R a: the references in that section to Government service were references to service in the Police: b: the references in that section to section 61L section 88F 3: Where any person makes an election under section 61S(1)(b) sections 88D 88E Section 88H inserted 29 March 1985 section 2 Government Superannuation Fund Amendment Act (No 2) 1985 88HA: Right to cease to be contributor under Part 6A Any contributor under this Part may, subject to regulations made under section 97 a: to leave the contributor's contributions in the Fund and to receive— i: a deferred pension; or ii: a deferred lump sum,— in accordance with those regulations; or aa: to transfer to the Police Superannuation Scheme (being the superannuation scheme registered with that name under Part 1 b: to receive a refund of the contributor's contributions in accordance with those regulations. Section 88HA inserted 1 October 1995 section 15 Government Superannuation Fund Amendment Act 1995 Section 88HA(aa) inserted 17 May 2005 section 3 Government Superannuation Fund Amendment Act (No 2) 2005 88I: Benefits on death of contributor Sections 61M 61N 61O 61Q a: the references in those sections to Government service included service in the Police: b: the references in section 61M(1)(b)(ii) section 28 c: the reference in section 61N(1)(b) section 61T(2) section 88M(2) Section 88I inserted 29 March 1985 section 2 Government Superannuation Fund Amendment Act (No 2) 1985 Miscellaneous provisions Heading inserted 29 March 1985 section 2 Government Superannuation Fund Amendment Act (No 2) 1985 88J: Option where contributor on leave of absence without salary 1: Where any contributor under this Part is on leave of absence without salary, the contributor may elect that section 32 section 88M(2) 2: Where a contributor elects that this subsection shall apply— a: the contributor's contributions shall remain in the Fund: b: the contributor shall not be liable to pay contributions in respect of the period of leave of absence: c: the period of leave of absence shall not be counted as contributory service of the contributor: d: if the person again becomes a contributor to the Fund under this Part before attaining the age of 50 years, the person's contributions shall not be refunded to the person, and the person's previous record of contributory service shall be reactivated and count as continuous contributory service for the purpose of calculating benefits under this Part, but shall be discounted in the following manner: i: a discount of 1.25% for each complete year of the period of the person's ineligibility to be a contributor for which the person has a corresponding period of contributory service that will be reactivated in accordance with this section, and of a relative proportion of that percentage in respect of any ii: a discount of 2.25% for each complete year of the period of the person's ineligibility to be a contributor that is in excess of the person's period of contributory service that will be reactivated in accordance with this section, and of a relative proportion of that percentage in respect of any e: if the contributor dies during the period of leave of absence and leaves a spouse or partner sections 61M 61Q or partner or partner i: a refund of the contributor's contributions to the Fund increased in respect of contributions paid in respect of any period after 1 May 1985 under this Part or Part 2A ii: an annuity at one-half of the rate of the retiring allowance to which the deceased contributor would have been entitled if the contributor had become entitled to a retiring allowance calculated under section 88F(2) and the entitlement of the spouse or partner relationship status or partner f: if the contributor dies during the period of leave of absence and does not leave a spouse or partner sections 61O 61Q Part 2A 3: Any period of discounted contributory service referred to in subsection (2)(d) shall be deemed to precede immediately the date on which the person again became a contributor to the Fund. Section 88J inserted 29 March 1985 section 2 Government Superannuation Fund Amendment Act (No 2) 1985 Section 88J(2)(d)(i) amended 9 June 1995 section 19(1) Government Superannuation Fund Amendment Act 1995 Section 88J(2)(d)(ii) amended 9 June 1995 section 19(1) Government Superannuation Fund Amendment Act 1995 Section 88J(2)(e) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 88J(2)(e) amended 26 April 2005 section 4(3) Government Superannuation Fund Amendment Act 2005 Section 88J(2)(f) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 88K: Contributor may elect to contribute in respect of prior service or notional service 1: Subject to subsections (2) and (3), where any contributor under this Part has service in the Government service that is not at present included in his contributory service or wishes to contribute under section 23A section 88M(2) 2: Except with the consent of the Authority Authority a: who is not receiving salary as a full-time member of the Police; or b: in respect of any period during which the contributor was not a permanent full-time employee in the Government service; or c: who has attained the age of 50 years. 3: No contributor may contribute under this Part in respect of any training or service to which section 2(2) section 23A Authority Authority Authority 4: The service in respect of which any contributor contributes under this section shall be counted as Government service, but shall not be counted as service as a member of the Police unless it was service as a member of the Police. 5: Without limiting the power of the Authority a: on the salary received by the contributor in respect of that period; or b: as if the contributor received salary in respect of that period at the rate of salary payable to the contributor at the date of the election— whichever is the greater. 1962 No 130 s 24 Section 88K inserted 29 March 1985 section 2 Government Superannuation Fund Amendment Act (No 2) 1985 Section 88K(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 88K(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 88K(5) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 88L: Service in Cook Islands, Niue, and Tokelau Where any contributory service as a contributor under this Part is computed under section 51 section 88M(2) Authority Section 88L inserted 29 March 1985 section 2 Government Superannuation Fund Amendment Act (No 2) 1985 Section 88L amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Application of other provisions Heading inserted 29 March 1985 section 2 Government Superannuation Fund Amendment Act (No 2) 1985 88M: Sections to apply to contributors and contributions under this Part 1: Except as provided in this section, nothing in Part 2 Part 2A 2: Subject in the case of section 23A section 88K sections 23A 27 32 33 40 42 43 48 51 55 58 60 3: Sections 61M 61N 61O 61Q 61R 61S sections 88H 88I Section 88M inserted 29 March 1985 section 2 Government Superannuation Fund Amendment Act (No 2) 1985 Section 88M(2) amended 9 June 1995 section 19(1) Government Superannuation Fund Amendment Act 1995 Section 88M(2) amended 1 April 1988 section 17(1) Government Superannuation Fund Amendment Act 1988 6B: Superannuation of members of prisons service Part 6B inserted 25 December 1986 section 23 Government Superannuation Fund Amendment Act 1986 88N: Application 1: This Part shall apply to every contributor to the Fund who is or becomes a member of the prisons service and who contributes Part 7 1A: Nothing in this Part shall apply in respect of— a: any person who first becomes a member of the prisons service after 30 June 1992; or b: any period of service as a member of the prisons service after 30 June 1992 by any person who rejoins the prisons service after that date (other than a person whose contributions in respect of his or her previous period of service as a member of the prisons service remained, as a result of an election made by that person under section 61S(1)(b) section 88U(1) 1B: Nothing in subsection (1A) prevents any person who returns to service in the prisons service on or after 1 July 1992 from again electing to become a contributor to the Fund under this Part if— a: that person was, as at the close of 30 June 1992, a contributor to the Fund under this Part who was on leave of absence, without salary, from the prisons service; and b: that person has, throughout the period beginning with the date on which he or she began his or her period of leave of absence, without salary, from the prisons service and ending with the date on which he or she returned to service with the prisons service, either— i: continued to contribute to the Fund in accordance with section 32 section 88Z(2) ii: as a result of an election made by that person under section 61R(1)(c) section 88U(2) 2: This Part shall not apply in respect of any person who has been a member of the prisons service but is not a member of the prisons service at the date of the person's retirement or death. Section 88N inserted 25 December 1986 section 23 Government Superannuation Fund Amendment Act 1986 Section 88N(1) amended 1 July 1992 section 19(1) Government Superannuation Fund Amendment Act (No 2) 1992 Section 88N(1A) inserted 1 July 1992 section 19(2) Government Superannuation Fund Amendment Act (No 2) 1992 Section 88N(1B) inserted 1 July 1992 section 19(2) Government Superannuation Fund Amendment Act (No 2) 1992 88NA: Application to certain members of prisons service appointed on contract 1: Nothing in this Part shall require any person— a: who is appointed after the commencement of this Act to a position of General Manager (or any other position designated by the chief executive of the Department of Corrections sections 78 79 b: who was not, immediately before that appointment, a member of the prisons service; and c: who elects, within 3 months of being so appointed, that this Part shall not apply to him or her,— to contribute to the Fund under this Part. 2: This section applies notwithstanding anything in section 88N section 88O 3: Every election under this section shall be made in writing and delivered to the Authority Section 88NA inserted 1 August 1990 section 10 Government Superannuation Fund Amendment Act (No 2) 1990 Section 88NA(1)(a) amended 7 August 2020 section 135 Public Service Act 2020 Section 88NA(1)(a) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 88NA(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 88O: Members of prisons service who may contribute to Fund under Part 6B 1: Every person who, on the commencement of 1 July 1992, is a member of the prisons service and is contributing to the Fund in that capacity may continue to contribute to the Fund under this Part in respect of any period during which the person remains a member of the prisons service. 2: Every person who returns to service in the prisons service on or after 1 July 1992 may again elect to contribute to the Fund under this Part if— a: that person was, as at the close of 30 June 1992, a contributor to the Fund under this Part who was on leave of absence, without salary, from the prisons service; and b: that person has, throughout the period beginning with the date on which he or she began his or her period of leave of absence, without salary, from the prisons service and ending with the date on which he or she returned to service with the prisons service, either— i: continued to contribute to the Fund in accordance with section 32 section 88Z(2) ii: as a result of an election made by that person under section 61R(1)(c) section 88U(2) 3: Every person who rejoins the prisons service on or after 1 July 1992 may contribute to the Fund under this Part in respect of any period during which that person, after rejoining, remains a member of the prisons service only if that person's contributions under this Part in respect of his or her previous period of service as a member of the prisons service remained, as a result of an election made by that person under section 61S(1)(b) section 88U(1) 4: Where, on or after 1 July 1992, any person who is a contributor to the Fund under this Part— a: ceases to be a member of the prisons service; but b: becomes an employee of the responsible department or the Department of Corrections c: obtains the approval of the chief executive of the responsible department or the Department of Corrections this Part shall apply to that person as if his or her service as an employee of the responsible department or the Department of Corrections Section 88O replaced 1 July 1992 section 20(1) Government Superannuation Fund Amendment Act (No 2) 1992 Section 88O(4) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 88O(4) amended 1 July 1995 section 3(1)(c) Department of Justice (Restructuring) Act 1995 Section 88O(4)(b) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 88O(4)(b) amended 1 July 1995 section 3(1)(c) Department of Justice (Restructuring) Act 1995 Section 88O(4)(c) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 88O(4)(c) amended 1 July 1995 section 3(1)(c) Department of Justice (Restructuring) Act 1995 88P: Right of contributors under Part 2 of Government Superannuation Fund Amendment Act 1962 to cease to pay contributions after 32 years' contributory service 1: Every person to whom section 88O(2) 2: The retiring allowance of any person who has made an election under subsection (1) shall be calculated under section 61L section 88Z a: the contributor's final average earnings shall be determined under section 61L b: the final average earnings shall be increased by the percentage (if any) as certified by the Government Statistician by which the index number of the Consumers c: for the purposes of section 88T 3: Where any contributor who has made an election under subsection (1) dies before becoming entitled to receive a retiring allowance, that person shall be deemed to have been a contributor to the Fund on the date of the person's death. Section 88P inserted 25 December 1986 section 23 Government Superannuation Fund Amendment Act 1986 Section 88P(2)(b) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 88PA: Right to cease to contribute under Part 6B Section 61R Section 88PA inserted 1 July 1992 section 21 Government Superannuation Fund Amendment Act (No 2) 1992 88Q: Rate of contributions 1: The contributions to be made by every contributor under this Part shall be 8.5% of the contributor's salary. 2: All contributions shall be deducted from the salary of the contributor and paid to the Fund as the salary becomes payable from time to time. Section 88Q inserted 25 December 1986 section 23 Government Superannuation Fund Amendment Act 1986 88R: Calculation of contributory service 1: This section applies to every person who becomes a contributor under this Part and who is a member of the prisons service at the date of the person's death or retirement. 2: For the purpose of calculating the contributory service of any person to whom this section applies, the actual contributory service of that person as a member of the prisons service shall, subject to subsection (3), be increased by 25%. 3: No person to whom this section applies shall be entitled to have more than 40 years' contributory service counted for any of the purposes of this Act unless that person has more than 40 years' actual contributory service, in which case only the actual contributory service shall be counted. Section 88R inserted 25 December 1986 section 23 Government Superannuation Fund Amendment Act 1986 88S: Entitlement to retiring allowance 1: Every contributor to the Fund under this Part to whom this section applies who ceases to be employed in the prisons service, shall, subject to this Part, thereafter be entitled to receive an annual retiring allowance calculated under section 88T 2: This section applies to all contributors under this Part who have attained the age of 58 years. 3: This section also applies to all contributors under this Part— a: who have made an election under section 61S(1)(d) section 88Z b: who have made an initial election under section 61S(1)(d) 4: This section also applies to all contributors under this Part— a: who have attained the age of 50 years; and b: who have completed not less than 10 years' contributory service; and c: who have agreed in writing that this section should apply to them; and d: in respect of whom the Public Service Commissioner Section 88S inserted 25 December 1986 section 23 Government Superannuation Fund Amendment Act 1986 Section 88S(4)(d) amended 7 August 2020 section 135 Public Service Act 2020 88T: Calculation of retiring allowance 1: The retiring allowance of every contributor to the Fund under this Part who is entitled under section 88S(2) section 61K section 88Z 2: The retiring allowance of every contributor to the Fund under this Part who is entitled under section 88P section 88S 2A: For the purposes of this section— appropriate percentage a: 0.004% in respect of every month or part of a month after the date of retirement during which the contributor is of or over the age of 53 years but under the age of 58 years; and b: 0.002% in respect of every month or part of a month after the date of retirement and during which the contributor is under the age of 53 years pension percentage P × (0.7 + (0.014 × t)) where— P is the appropriate percentage multiplied by the number of years (including fractions of a year) of contributory service: t is the number, if any, of years (including fractions of a year) by which the date on which the retiring allowance commences to be payable precedes 1 October 1999. 2B: For the purposes of subsection (2A), a contributor's contributory service means the amount of that service as increased under section 88R 3: The Authority section 61K section 88Z a: the contributor resumes employment whether in the Government service or elsewhere, or becomes gainfully self-employed; or b: the contributor has ceased to be medically unfit for further duty, and fails to accept any employment offered by a controlling authority that is considered by the Authority c: the Authority d: the contributor fails without sufficient justification to submit to medical examination when and as often as required by the Authority e: the Authority 4: Any suspension, reduction, or cancellation of a retiring allowance under subsection (3) shall cease when the contributor attains the age of 58 years. 5: Any decision of the Authority sections 61N 61O 61Q section 88Z 6: 7: For the purposes of determining the retiring allowance of any contributor under this Part this section shall be deemed to include subsections (6) to (9) of section 61L Section 88T inserted 25 December 1986 section 23 Government Superannuation Fund Amendment Act 1986 Section 88T(1) replaced 1 April 1990 section 28 Government Superannuation Fund Amendment Act 1990 Section 88T(2) replaced 1 April 1990 section 28 Government Superannuation Fund Amendment Act 1990 Section 88T(2A) inserted 1 April 1990 section 28 Government Superannuation Fund Amendment Act 1990 Section 88T(2B) inserted 1 April 1990 section 28 Government Superannuation Fund Amendment Act 1990 Section 88T(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 88T(3)(b) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 88T(3)(c) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 88T(3)(d) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 88T(3)(e) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 88T(5) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 88T(6) repealed 1 April 1988 section 18(2) Government Superannuation Fund Amendment Act 1988 88U: Benefits where contributor leaves prisons service other than on death or retirement 1: Section 61S 2: Where any person makes an election under section 61S(1)(b) section 61R 3: Where any person makes an election under section 61S(1)(b) section 88R Section 88U inserted 25 December 1986 section 23 Government Superannuation Fund Amendment Act 1986 88V: Benefits on death of contributor Sections 61M 61N 61O 61Q a: the references in those sections to Government service included the prisons service: b: the reference in section 61N(1)(b) section 61T(2) section 88Z Section 88V inserted 25 December 1986 section 23 Government Superannuation Fund Amendment Act 1986 88W: Option where contributor on leave of absence without salary 1: Where any contributor under this Part is on leave of absence without salary, the contributor may elect that section 32 section 88Z 2: Where a contributor elects that this subsection shall apply— a: the contributor's contributions shall remain in the Fund: b: the contributor shall not be liable to pay contributions in respect of the period of leave of absence: c: the period of leave of absence shall not be counted as contributory service of the contributor: d: if the person again becomes a contributor to the Fund under this Part before attaining the age of 50 years, the person's contributions shall not be refunded to the person, and the person's previous record of contributory service shall be reactivated and count as continuous contributory service for the purpose of calculating benefits under this Part, but shall be discounted in the following manner: i: a discount of 1.25% for each complete year of the period of the person's ineligibility to be a contributor for which the person has a corresponding period of contributory service that will be reactivated in accordance with this section, and of a relative proportion of that percentage in respect of any ii: a discount of 2.25% for each complete year of the period of the person's ineligibility to be a contributor that is in excess of that person's period of contributory service that will be reactivated in accordance with this section, and of a relative proportion of that percentage in respect of any e: if the contributor dies during the period of leave of absence and leaves a spouse or partner sections 61M 61Q or partner or partner i: a refund of the contributor's contributions to the Fund increased in respect of contributions paid under this Part in respect of any period of service after 9 December 1986, by 0.25% for every month of contributory service under this Part; or ii: an annuity at one-half of the rate of the retiring allowance to which the deceased contributor would have been entitled if the contributor had become entitled to a retiring allowance calculated under section 88T and the entitlement of the spouse or partner relationship status or partner f: if the contributor dies during the period of leave of absence and does not leave a spouse or partner sections 61O 61Q or partner 3: Any period of discounted contributory service referred to in subsection (2)(d) shall be deemed to precede immediately the date on which the person again became a contributor to the Fund. Section 88W inserted 25 December 1986 section 23 Government Superannuation Fund Amendment Act 1986 Section 88W(2)(d)(i) amended 9 June 1995 section 19(1) Government Superannuation Fund Amendment Act 1995 Section 88W(2)(d)(ii) amended 9 June 1995 section 19(1) Government Superannuation Fund Amendment Act 1995 Section 88W(2)(e) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 88W(2)(e) amended 26 April 2005 section 4(3) Government Superannuation Fund Amendment Act 2005 Section 88W(2)(f) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 88X: Contributor may elect to contribute in respect of prior service or notional service 1: Subject to subsections (2) and (3), where any contributor under this Part has service in the Government service that is not at present included as contributory service or wishes to contribute under section 23A section 88Z 2: Except with the consent of the Authority Authority a: who is not receiving salary as a full-time member of the prisons service; or b: in respect of any period during which the contributor was not a permanent full-time employee in the Government service; or c: who has attained the age of 50 years. 3: No contributor may contribute under this Part in respect of training or service to which section 2(2) section 23A Public Service Commissioner Authority Authority Authority 4: The service in respect of which any contributor contributes under this section shall be counted as Government service, but shall not be counted as service as a member of the prisons service unless it was service as a member of the prisons service. 5: Without limiting the power of the Authority a: on the salary received by the contributor in respect of that period; or b: as if the contributor received salary in respect of that period at the rate of salary payable to the contributor at the end of the election— whichever is the greater. Section 88X inserted 25 December 1986 section 23 Government Superannuation Fund Amendment Act 1986 Section 88X(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 88X(3) amended 7 August 2020 section 135 Public Service Act 2020 Section 88X(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 88X(5) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 88Y: Service in Cook Islands, Niue, and Tokelau Where any contributory service as a contributor under this Part is computed under section 51 section 88Z Authority Section 88Y inserted 25 December 1986 section 23 Government Superannuation Fund Amendment Act 1986 Section 88Y amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 88Z: Sections to apply to contributors and contributions under this Part 1: Except as provided in this section, nothing in Part 2 Part 2A 2: Subject in the case of section 23A to section 88X sections 23A, 32 33 37 40 42 43 48 51 55 58 60 61K 3: Sections 61L 61M 61N 61O 61Q 61R 61S sections 88P 88PA 88T 88U 88V Section 88Z inserted 25 December 1986 section 23 Government Superannuation Fund Amendment Act 1986 Section 88Z(2) amended 9 June 1995 section 19(1) Government Superannuation Fund Amendment Act 1995 Section 88Z(2) amended 1 April 1988 section 18(1) Government Superannuation Fund Amendment Act 1988 Section 88Z(3) amended 1 July 1992 section 22 Government Superannuation Fund Amendment Act (No 2) 1992 7: General provisions 88ZA: Application of this Part 1: Except as provided in this section, this Part shall apply to and in respect of every person who contributes to the Fund as if that person were a contributor within the meaning of this Act. 2: Section 95 section 74M and section 81W section 88 Section 88ZA inserted 25 December 1986 section 25(1) Government Superannuation Fund Amendment Act 1986 Section 88ZA(2) amended 8 May 1989 section 5(1) Government Superannuation Fund Amendment Act 1989 89: Payment of retiring allowances and annuities 1: Every retiring allowance or annuity under this Act shall be paid in advance by 4-weekly or monthly instalments as the Authority 2: Except as otherwise provided in this Act, every such instalment shall be payable to the person entitled to the retiring allowance or annuity (in this section referred to as the beneficiary Authority its provided that in any case where, by reason of the age or infirmity of the beneficiary or for any other sufficient cause, it is not convenient that payment be made to the beneficiary personally, payment may be made to any person duly authorised by the beneficiary to receive payment on his behalf. 1947 No 57 s 82A; 1953 No 61 s 9 Section 89(1) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 89(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 89A: Treatment of contributory service under one Part of the Act as contributory service under another Part 1: Except as otherwise provided in this Act, any contributor under one Part of this Act who becomes eligible to contribute, or is required to contribute, under another Part of this Act shall, if he so elects, be entitled to have his contributory service under the one Part treated as contributory service under the other Part upon such terms and conditions, including terms and conditions as to the credit to be given for the contributory service so treated, as may be prescribed by regulations made under section 97 1A: Regulations relating to the treatment of contributory service under one Part of this Act as treatment under another Part of this Act may include provision for the payment of additional contributions, or the refund of contributions, with or without interest. 2: Any such regulations may be made to come into force before or after the date of the making thereof or on that date; and any such regulations that are made to come into force before the date of the making thereof may be made to come into force before or after the date of the commencement of this section or on that date. Section 89A inserted 24 November 1967 Government Superannuation Fund Amendment Act 1967 Section 89A(1A) inserted 29 March 1985 section 6 Government Superannuation Fund Amendment Act (No 2) 1985 89B: Other contributions 1: This section applies if a contributor has been required (whether before or after the commencement of this section) to pay any sum into the Fund that is other than the standard rate of contribution in respect of the scheme to which the contributor belongs (whether in respect of any period that is included in a period of contributory service, or in respect of contributions not duly paid by deduction from salary, or in respect of contributions repaid after having been refunded to the contributor, or otherwise). 2: The Authority may determine whether the whole or any part of that sum is to be treated as contributions for the purpose of this Act, and the amount so determined is to be treated as contributions accordingly. 3: Except as provided in this section, the only sums that are to form part of a contributor's contributions for the purpose of this Act are the amounts paid by the contributor by way of standard rate of contribution in respect of the scheme to which the contributor belongs. 4: In this section, standard rate of contribution sections 29 30 61B 61F 63A 71F 74C 78 81F 83 88C 88Q section 19 Section 89B replaced 2 October 2001 section 16(1) Government Superannuation Fund Amendment Act 2001 89C: Refund of contributions on allowances no longer included in salary Section 89C repealed 2 October 2001 section 16(1) Government Superannuation Fund Amendment Act 2001 89D: Interest payments by contributor not to count as contributions Where any contributor is required or permitted to make payments to the Fund that include the payment of interest that interest shall not comprise part of the contributions of the contributor. Sections 89D inserted 29 March 1985 section 15 Government Superannuation Fund Amendment Act 1985 89E: Options where contributions not fully paid Where, on the death or retirement of any contributor, the contributor has not paid to the Fund all the contributions for which the contributor is liable, the Authority Authority Authority a: deduct the unpaid contributions from any retiring allowance, annuity, other allowance, or payment (other than a child allowance) payable in respect of the contributor's contributions; or b: if the unpaid contributions exceed the likely amount of the benefits from which the unpaid contributions may be deducted under paragraph (a) or the recipient of the benefit so requires, direct that an appropriate reduction be made in the period of contributory service of the contributor to take account of the unpaid contributions. Sections 89E inserted 29 March 1985 section 15 Government Superannuation Fund Amendment Act 1985 Section 89E amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 90: Recovery of money paid without lawful authority All payments received by any person under this Act without that person being lawfully entitled thereto may be recovered as a debt due to the Crown, and when so recovered shall be repaid into the Fund. 1947 No 57 s 82B; 1953 No 61 s 10 90A: Conflicting claims of spouses or partners Where under any provision of this Act more persons than 1 have claims as spouses or partners or partner Authority Authority Section 90A inserted 1 November 1976 section 33 Government Superannuation Fund Amendment Act 1976 Section 90A heading amended 26 April 2005 section 4(2) Government Superannuation Fund Amendment Act 2005 Section 90A amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 90A amended 26 April 2005 section 4(2) Government Superannuation Fund Amendment Act 2005 Section 90A amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 91: Election to surrender proportion of retiring allowance and receive cash payment 1: Any contributor who becomes entitled to a retiring allowance under this Act may elect to surrender the right to receive a proportion of the retiring allowance and to receive instead payment out of the Fund of a sum equal to,— a: in the case of a contributor to the Fund under Part 2A Part 4 Part 5A Part 6A Part 6B 12 b: in the case of any other contributor (not being a contributor to whom section 71M section 14 Part 6 10.8 2: For the purposes of subsection (1) a contributor shall be deemed to be entitled to a retiring allowance under this Act in any case where he would have been so entitled if he had retired on the date of his election. 3: An election may be made under subsection (1) by a contributor at any time within 3 months immediately preceding the date on which the contributor becomes entitled to a retiring allowance under this Act. 4: Where an election is made under subsection (3) it shall be deemed to have been made on the earliest day on which the contributor would be entitled to a retiring allowance under this Act if he survived and had retired. 5: Subject to subsection (6), any contributor who has made an election under subsection (1) may make a further election within 3 months before he ceases duty in the Government service (whether or not he will remain in the Government service on leave after ceasing duty), to thereupon receive not more than half the amount that he would be entitled to receive if he had been entitled to a retiring allowance when he made the election under subsection (1). 6: Where the Authority section 36(2) section 68(4) section 69(1) or a contributor has made an election under section 61S(1)(d) or section 81P(1)(c) 7: Where any amount is paid to any contributor under subsection (5), interest shall be payable on that amount by the contributor at such rate as the Authority 8: All such interest shall be recoverable as a debt due to the Crown and may be deducted from any retiring allowance payable to the contributor or any annuity payable to the surviving spouse or partner 9: Every election under this section shall be made in writing and delivered to the Authority 10: No contributor shall have the right to revoke or amend any election under this section or to make any further election, except as provided in subsection (11). 11: Where a contributor to whom subsection (2) or subsection (5) applies has made an election under subsection (1), that contributor shall be entitled to make 1 further election to increase the proportion of the retiring allowance surrendered by him under subsection (1) before he has accepted any instalment of his retiring allowance. 12: No election or combination of elections under this section shall entitle any contributor to surrender more than one-quarter of his retiring allowance. 13: Where a contributor has completed an election under this section in respect of a previous period of contributory service, the amount so surrendered shall be deducted from the retiring allowance that he may elect to surrender. 14: Upon an election under this section becoming effective the annual retiring allowance payable to a contributor shall be reduced by the same proportion as that which he has elected to surrender and all rights in respect of the proportion so surrendered shall be deemed to be determined. 15: Except as provided in subsection (5), any amount which a contributor is entitled to receive under this section shall become payable— a: on the date on which the contributor becomes entitled to payment of the retiring allowance; or b: in the case of a contributor to whom subsection (2) applies, on the date of his death,— whichever is the earlier. Section 91 replaced 1 January 1981 Government Superannuation Fund Amendment Act 1980 Section 91(1) replaced 29 October 1987 section 3 Government Superannuation Fund Amendment Act 1987 Section 91(1)(a) amended 1 April 1990 section 29(1) Government Superannuation Fund Amendment Act 1990 Section 91(1)(a) amended 8 May 1989 section 5(1) Government Superannuation Fund Amendment Act 1989 Section 91(1)(b) amended 1 April 1990 section 29(2) Government Superannuation Fund Amendment Act 1990 Section 91(6) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 91(6) amended 8 May 1989 section 5(1) Government Superannuation Fund Amendment Act 1989 Section 91(6) amended 25 December 1986 section 26(2) Government Superannuation Fund Amendment Act 1986 Section 91(7) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 91(8) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 91(9) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 91A: Election to surrender proportion of annuity and receive cash payment 1: This section shall apply to any surviving spouse or partner 2: Any surviving spouse or partner a: in the case of an annuity payable to the spouse or partner Part 2A Part 3A Part 4 Part 5A Part 6A Part 6B 12 b: in the case of an annuity payable to the spouse or partner (other than Part 6 Part 2 Part 2 10.8 2A: 3: Any election under this section shall be made in writing delivered to the Authority or partner 4: No surviving spouse or partner 5: The proportion of the annuity that any surviving spouse or partner 6: On the making of any such election, the annuity payable to the surviving spouse or partner or partner Section 91A inserted 20 November 1979 section 19(1) Government Superannuation Fund Amendment Act 1979 Section 91A(1) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 91A(2) replaced 25 December 1986 section 27(1) Government Superannuation Fund Amendment Act 1986 Section 91A(2) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 91A(2)(a) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 91A(2)(a) amended 1 April 1990 section 30(1) Government Superannuation Fund Amendment Act 1990 Section 91A(2)(a) amended 8 May 1989 section 5(1) Government Superannuation Fund Amendment Act 1989 Section 91A(2)(b) amended 25 February 2009 section 5(2) Government Superannuation Fund Amendment Act 2009 Section 91A(2)(b) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 91A(2)(b) amended 29 October 1987 section 4(1) Government Superannuation Fund Amendment Act 1987 Section 91A(2A) repealed 29 October 1987 section 4(2) Government Superannuation Fund Amendment Act 1987 Section 91A(3) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 91A(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 91A(4) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 91A(5) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 91A(6) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 91B: Surrender of part of retiring allowance for allowance to another person 1: Any contributor may, at any time within the 3 months before or at any time after the contributor becomes entitled to a retiring allowance, elect to surrender from any specified date a specified portion of the contributor's basic retiring allowance not exceeding one-half in return for payment to another person (in this section called the assignee 2: For the purposes of this section, the term basic retiring allowance section 48 section 91 section 40 3: The allowance that is to be paid to any assignee under this section shall be determined by the Authority 4: Any election under subsection (1) shall not affect the application of the Government Superannuation Fund Amendment Act 1969 Government Superannuation Fund Amendment Act 1979 5: Every election under this section shall be in writing delivered to the Authority 6: Where any assignee dies, the allowance payable to the assignee under this section shall cease; and the portion of the retiring allowance payable to the person who surrendered a portion of a retiring allowance to enable the allowance to be paid shall not be increased by reason of the death of the assignee. 7: Where a person who has surrendered a portion of a basic retiring allowance under this section dies,— a: any annuity payable in respect of the basic retiring allowance shall be calculated on that portion of the basic retiring allowance that has not been surrendered under this section; and b: the allowance payable to the assignee under this section shall continue until the death of the assignee and shall be increased in accordance with subsection (4) as if the contributor's basic retiring allowance remained payable. 8: The minimum annuities referred to in sections 45 74J 81K 9: Nothing in this section shall in any way restrict or prevent the suspension, reduction, or cancellation in accordance with this Act of the payment of any retiring allowance; and any suspension, reduction, or cancellation shall be applied equally to the retiring allowance and the payments under this section to the assignee. 10: Nothing in this section shall in any way affect or apply to the payment of any allowance to a child under section 47 section 61Q or section 81O Section 91B inserted 25 December 1986 section 28(1) Government Superannuation Fund Amendment Act 1986 Section 91B(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 91B(5) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 91B(8) amended 8 May 1989 section 5(1) Government Superannuation Fund Amendment Act 1989 Section 91B(10) amended 8 May 1989 section 5(1) Government Superannuation Fund Amendment Act 1989 92: Retiring allowances not alienable 1: Except as expressly provided in this Act or in any other enactment, in no case shall any retiring allowance or other money granted or payable under this Act to any person be in any way assigned or charged or pass to any other person by operation of law; nor shall any money payable under this Act on the death of any person be assets for the payment of his debts or liabilities. 2: This section shall bind the Crown. 3: Nothing in this section shall prevent the operation of any agreement entered into under Part 6 Authority 1947 No 57 s 83; 1950 No 54 s 5(2) Section 92(3) replaced 29 October 1987 section 6(1) Government Superannuation Fund Amendment Act 1987 Section 92(3) amended 1 February 2002 section 64(2) Property (Relationships) Amendment Act 2001 Section 92(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Charging of contributions Heading inserted 29 March 1985 section 18(1) Government Superannuation Fund Amendment Act 1985 92A: Contributor may grant charge over contributions 1: Any contributor may grant a charge over the contributor's contributions to the Fund in favour of any other person. 2: The Authority it 3: No charge shall be registered against the contributions of any contributor if— a: there is already a charge registered against those contributions; or b: a copy of any order made under section 25 Property (Relationships) Act 1976 section 31(1) Authority c: a charging order has been served on the Authority section 120(4) d: the contributor has notified the Authority 4: Every notification of a charge shall be in the appropriate form specified in Schedule 1 section 97 5: It shall not be necessary for the notification of a charge to specify any amount or any maximum amount of contributions to be charged. 6: The chargeholder shall forthwith notify the Authority 7: The Authority section 92E Section 92A inserted 29 March 1985 section 18(1) Government Superannuation Fund Amendment Act 1985 Section 92A(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 92A(3)(b) amended 1 February 2002 section 64(2) Property (Relationships) Amendment Act 2001 Section 92A(3)(b) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 92A(3)(c) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 92A(3)(d) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 92A(6) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 92A(7) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 92B: Contributor and chargeholder or potential chargeholder entitled to certain information 1: Any contributor may, by written request to the Authority a: a written statement of the amount that the contributor would be entitled to receive if the contributor had withdrawn from the Fund while continuing in Government service at the end of the preceding financial year; and b: a statement as to whether any charge is currently registered against the contributor's contributions under section 92A c: a statement as to whether or not it would be possible for the contributor to grant a charge over the contributor's contributions that could be registered under this Act, and the reason (if any) why a charge could not be registered. 2: The Authority Authority a: the amount of the contributor's contributions as at the end of the preceding financial year: b: whether or not the person is currently contributing to the Fund: c: whether any notice of withdrawal from the Fund or notice indicating that the contributor is about to cease Government service or cease to be a contributor to the Fund Authority d: whether any charge is currently registered over the contributions of the contributor: e: whether or not there is any other reason why a charge could not be registered in favour of that person, but without disclosing the reason. 3: The Authority 4: Every request under this section shall be signed by the contributor, and if the request is made under subsection (2) shall also be signed by the chargeholder or potential chargeholder, and shall specify— a: the full name and address of the contributor and the chargeholder or potential chargeholder (if any): b: the department, service, agency, or corporation in which the contributor is employed, and its location: c: the date of birth of the contributor: d: the date on which the contributor became a contributor to the Fund. 5: The Authority Authority Section 92B inserted 29 March 1985 section 18(1) Government Superannuation Fund Amendment Act 1985 Section 92B(1) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 92B(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 92B(2)(c) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 92B(2)(c) amended 25 December 1986 section 30 Government Superannuation Fund Amendment Act 1986 Section 92B(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 92B(5) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 92C: Procedure where charge notified 1: Where the Authority section 92A Authority 2: Where the Authority section 92A Authority Section 92C inserted 29 March 1985 section 18(1) Government Superannuation Fund Amendment Act 1985 Section 92C(1) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 92C(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 92D: Payment of charge Where any amount becomes payable to or in respect of any contributor under section 61S(1)(c) or section 71K(3) or section 81P(1)(b) a: the entitlements of the contributor, or the contributor's spouse or partner section 92E b: the Authority section 92E Section 92D inserted 29 March 1985 section 18(1) Government Superannuation Fund Amendment Act 1985 Section 92D amended 8 May 1989 section 5(1) Government Superannuation Fund Amendment Act 1989 Section 92D amended 1 April 1988 section 19(1) Government Superannuation Fund Amendment Act 1988 Section 92D amended 1 April 1988 section 19(2) Government Superannuation Fund Amendment Act 1988 Section 92D(a) amended 26 April 2005 section 4(1) Government Superannuation Fund Amendment Act 2005 Section 92D(b) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 92E: Rights of chargeholder 1: Where any chargeholder receives any notice under section 92D(b) Authority a: to receive the amount secured by the charge or the total amount of the contributor's contributions, without interest, whichever is the lesser, in which case the charge shall be released on payment of such amount; or b: to release the charge without receiving payment of any amount secured by it. 2: Where no election is made by a chargeholder within 28 days after notice has been given to the chargeholder under subsection (1) the chargeholder shall be deemed to have elected to release the charge without receiving payment of any amount secured by it. Section 92E inserted 29 March 1985 section 18(1) Government Superannuation Fund Amendment Act 1985 Section 92E(1) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 92F: Procedure for payment of charge 1: Where any chargeholder gives written notice to the Authority section 92A Authority it Authority 2: Where any notice has been given to the Authority Authority Authority Authority 3: The Authority Authority 4: Where any notice has been given to the Authority Authority Authority a: agreed to by the contributor or, if the contributor is deceased, the contributor's personal representative; or b: made pursuant to an order of the court under section 92J Section 92F inserted 29 March 1985 section 18(1) Government Superannuation Fund Amendment Act 1985 Section 92F(1) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 92F(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 92F(3) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 92F(4) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 92G: Effect on contributor of payment to chargeholder 1: Where any payment is made to any chargeholder from the Fund under section 92F 2: The payments to the contributor shall be without interest, but shall be increased,— a: in accordance with paragraph (a) of section 61S(1) or paragraph (a) of section 81P(1) b: in accordance with paragraph (a) of section 71K(1) 3: Where any person who is required to be a contributor under this Act ceases to be a contributor to the Fund by virtue of subsection (1), that person shall forthwith again become a contributor to the Fund as if that person had not previously been a contributor to the Fund. Section 92G inserted 29 March 1985 section 18(1) Government Superannuation Fund Amendment Act 1985 Section 92G(2) replaced 1 April 1988 section 20 Government Superannuation Fund Amendment Act 1988 Section 92G(2)(a) amended 8 May 1989 section 5(1) Government Superannuation Fund Amendment Act 1989 92H: Effect on annuities, allowances, and other payments of payment to chargeholder 1: Subject to subsection (2), where any payment is made to any chargeholder from the Fund under section 92F Authority 2: No deduction shall be made under subsection (1) from any allowance payable to any child under section 61Q or section 81O Section 92H inserted 29 March 1985 section 18(1) Government Superannuation Fund Amendment Act 1985 Section 92H(1) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 92H(2) amended 8 May 1989 section 5(1) Government Superannuation Fund Amendment Act 1989 92I: Giving of notices 1: Any notification of a charge required to be given to the Authority section 92A Authority section 92E section 92F a: if it is delivered to the office of the Authority Authority's b: if it is posted in a registered letter addressed to the Authority its 2: Any notice required to be given to a chargeholder or a contributor or the personal representative of any contributor under section 92C section 92D section 92F a: if it is delivered to that person; or b: if it is posted in a registered letter addressed to that person at the address given in the notice of charge or subsequently given to the Authority 3: Where any notice is posted in accordance with subsection (1) or subsection (2) it shall, in the absence of evidence to the contrary, be deemed to have been given and received,— a: in the case of a letter posted to an address within New Zealand, on the fourth day after the day on which the letter was posted: b: in the case of a letter posted to an address outside New Zealand, at the time at which the letter would have been delivered in the ordinary course of post. 4: Notwithstanding anything in subsections (1) to (3), a District Court Judge may in any case make an order directing the manner in which any notice under section 92C section 92D section 92E section 92F Section 92I inserted 29 March 1985 section 18(1) Government Superannuation Fund Amendment Act 1985 Section 92I(1) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 92I(1)(a) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 92I(1)(b) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 92I(2)(b) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 92J: Authority Without limiting any right of any person to take any action in any court, the Authority a: as to whether or not any charge should be or should have been registered in respect of any contributor or chargeholder; or b: as to whether any payment is to be made to any chargeholder or person claiming to be a chargeholder; or c: as to the amount of any payment to be made to any chargeholder or person claiming to be a chargeholder; or d: as to the release of any charge. Section 92J inserted 29 March 1985 section 18(1) Government Superannuation Fund Amendment Act 1985 Section 92J heading amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 92J amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 92K: Person not to become a contributor while a contributing employee under National Provident Fund Act 1950 Notwithstanding anything to the contrary in Part 2 Part 3 section 18 the Government Superannuation Fund Amendment Act 1962 Part 3 of the National Provident Fund Act 1950 Section 92K inserted 27 November 1970 section 3 Government Superannuation Fund Amendment Act 1970 Section 92K replaced 29 March 1985 section 18(2) Government Superannuation Fund Amendment Act 1985 Section 92K amended 1 November 1976 section 3(3) Government Superannuation Fund Amendment Act 1976 93: Financial statements 1: The Authority 2: The annual financial statements shall be prepared in accordance with generally accepted accounting practice (as defined in section 8 a: a statement of the financial position of the Fund at its balance date: b: an operating statement reflecting the revenues and expenses of the Fund for the financial year: c: a statement of cash flows reflecting cash flows of the Fund for the financial year. 1956 No 47 s 93 1989 No 44 s 41(1), (2) 1992 No 61 s 23 1992 No 142 s 31 Section 93 replaced 1 October 1995 section 16 Government Superannuation Fund Amendment Act 1995 Section 93(1) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 93(2) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 93A: Audit 1: The Authority Auditor-General 2: The Auditor-General Authority 3: The Fund is a public entity as defined in section 4 4: This section applies to the financial statements for the Fund referred to in section 93B 1989 No 44 ss 38 41(3) 1992 No 142 s 31 Section 93A inserted 1 October 1995 section 16 Government Superannuation Fund Amendment Act 1995 Section 93A(1) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 93A(1) amended 1 July 2001 section 52 Public Audit Act 2001 Section 93A(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 93A(2) amended 1 July 2001 section 52 Public Audit Act 2001 Section 93A(3) replaced 1 July 2001 section 53 Public Audit Act 2001 Section 93A(4) inserted 25 January 2005 section 200 Crown Entities Act 2004 93B: Annual report 1: The Authority must include, in its annual report required under section 150 a: the financial statements, together with the audit report and management statement relating to those financial statements; and b: c: the name and address of the person to whom all correspondence from the members should be sent. 1A: The annual report must also include (in addition to any other requirements)— a: a statement of responsibility for the financial statements of the Fund, signed by the chairperson of the board and the chief executive of the Authority (if any) b: an analysis and explanation of the performance of the Fund over that financial year, including a comparison with the Authority's expectations about the performance of the Fund that were set out in the forecast financial statements c: a statement of the investment policies, standards, and procedures for the Fund established by the Authority under section 15L d: a statement, signed by the chairperson of the board and the chief executive of the Authority (if any), certifying whether or not the investment policies, standards, and procedures for the Fund have been complied with throughout that financial year; and e: a schedule of— i: the investment managers, administration managers, and any other service providers used under section 19 section 19A ii: the classes of investments for which each investment manager was responsible; and iii: any changes since the last annual report in those persons. 2: 3: 1956 No 47 s 93 1989 No 10 s 14 1989 No 44 s 44A 1994 No 18 s 40 Section 93B inserted 1 October 1995 section 16 Government Superannuation Fund Amendment Act 1995 Section 93B(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 93B(1)(b) repealed 2 October 2001 section 17(1) Government Superannuation Fund Amendment Act 2001 Section 93B(1A) inserted 2 October 2001 section 17(2) Government Superannuation Fund Amendment Act 2001 Section 93B(1A)(a) amended 18 July 2013 section 57 Public Finance Amendment Act 2013 Section 93B(1A)(b) amended 1 July 2014 section 72 Crown Entities Amendment Act 2013 Section 93B(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 93B(3) repealed 25 January 2005 section 200 Crown Entities Act 2004 94: Actuarial examinations of Fund 1: The Authority must obtain a report from an actuary that examines the financial position of the Fund as at dates determined by the Minister, being dates that are no more than 3 years apart. 2: The report in respect of each such examination must— a: show the state of the Fund as at the date on which the financial position of the Fund was examined, having regard to the prospective liabilities and assets of, and the probable annual sums required by, the Fund to provide benefits falling due within the ensuing 3 years without affecting or having recourse to the actuarial reserve appertaining to the contributor's contributions; and b: be received by the Authority no later than 7 months after the date the Fund was examined. 3: The Authority must send a copy of the report to the Minister within 28 days after the date that the Authority receives it. 4: Each contributor and each beneficiary shall have the right, upon request to the Authority a: to look at, at any reasonable time, a copy of the report: b: to receive, upon payment of a reasonable fee, a copy of the report. 5: A copy of each report shall be laid before the House of Representatives by the Minister not later than 6 sitting days after receiving it. 6: Where the report has not been laid before the House of Representatives within 3 weeks after the Minister receives it, the Minister shall— a: cause the report to be published not later than 3 weeks after receiving it; and b: arrange for the publication in the Gazette 1956 No 47 s 94 1989 No 10 s 15 1989 No 44 s 44A 1994 No 18 s 40 Section 94 replaced 1 October 1995 section 16 Government Superannuation Fund Amendment Act 1995 Section 94(1) replaced 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 94(2) replaced 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 94(3) replaced 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 94(4) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 95: Annual subsidies 1: During each financial year the Minister of Finance shall pay into the Fund out of public money, without further appropriation than this Act, the amount by which the amounts of the benefits estimated to be payable out of the Fund during that year in respect of contributors who are— a: employees or former employees of departments, Crown entities Public Finance Act 1989 b: employees or former employees of such other entities as the Minister may direct— exceeds the sum of the proportion of those benefits certified by the Authority, after receiving advice from an actuary, 2: Where— a: subsection (1) does not apply in respect of any contributor; or b: the salaries of any contributors to the Fund are payable out of money that is not public money,— there shall be paid out of the money from which the salaries of those contributors are paid and into the Government Superannuation Fund in each financial year, at such time or times during the year as may be reasonably specified by the Authority Authority, after receiving advice from an actuary, provided that, if the Minister of Finance so directs, the amount to be paid into the Government Superannuation Fund out of any such money in any specified financial year shall be such lesser amount as that Minister may specify. 3: 4: Section 95 replaced 1 August 1990 section 11(1) Government Superannuation Fund Amendment Act (No 2) 1990 Section 95 heading amended 8 September 2018 section 57 Statutes Amendment Act 2018 Section 95(1) amended 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 95(1)(a) amended 21 December 1992 section 42 Public Finance Amendment Act 1992 Section 95(2) amended 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 95(2) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 95(2) amended 1 October 1995 section 30 Government Superannuation Fund Amendment Act 1995 Section 95(3) repealed 1 October 1995 section 30 Government Superannuation Fund Amendment Act 1995 Section 95(4) repealed 24 October 2019 section 63 Statutes Amendment Act 2019 95AA: Authority to incur certain expenses 1: The Crown may incur expenses relating to its liability under this Act in respect of contributors and beneficiaries. 2: Without limiting subsection (1), expenses may be incurred under the authority of subsection (1) without further appropriation than this section. 3: Section 95AA inserted 28 July 1997 section 3 Government Superannuation Fund Amendment Act 1997 Section 95AA(3) repealed 2 October 2001 section 7(2) Government Superannuation Fund Amendment Act 2001 95A: Timing of transfer of employee contributions to Fund 1: Every person who deducts contributions to the Fund from remuneration or other money payable to another person, or who otherwise receives contributions payable to the Fund by any person, shall pay those contributions into the Fund at such time or times as are reasonably specified by the Authority published under the Legislation Act 2019 2: A notice under subsection (1) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 95A inserted 1 October 1995 section 17 Government Superannuation Fund Amendment Act 1995 Section 95A(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 95A(1) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 95A(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 95B: Interest payable on overdue amounts 1: Where a person who is required to pay an amount into the Fund under any provision of this Act fails to do so at the time required by this Act, the person shall pay into the Fund on demand by the Authority a: for the period from the time required by this Act for payment (or the date of commencement of this section, whichever is the later) until the time at which the amount is paid into the Fund; and b: at a rate calculated using a method that has been determined by the Authority 2: The Authority may not make a determination under this section unless the Minister has approved the proposed method. 3: A determination under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 95B inserted 1 October 1995 section 17 Government Superannuation Fund Amendment Act 1995 Section 95B(1) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 95B(1)(b) replaced 2 October 2001 section 18 Government Superannuation Fund Amendment Act 2001 Section 95B(1)(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 95B(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 95B(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 95C: Recovery of debts Every amount payable by a person into the Fund under any provision of this Act shall constitute a debt due by the person to the Authority a: may be recovered accordingly by the Authority b: following such recovery, shall be paid into the Fund. Section 95C inserted 1 October 1995 section 17 Government Superannuation Fund Amendment Act 1995 Section 95C amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 Section 95C(a) amended 2 October 2001 section 21 Government Superannuation Fund Amendment Act 2001 95D: Information to be provided by controlling authorities 1: Every controlling authority in relation to a contributor must ensure that there is provided to the Authority, at such time or times as are reasonably specified by the Authority, such information as the Authority may reasonably require of that controlling authority for the purpose of administering this Act in relation to that contributor. 2: The Authority must not require a controlling authority to provide information under this section unless the Authority has first consulted the controlling authority about the requirement. 3: Every requirement under this section shall be set out in a written notice to the controlling authority concerned or in a notice in the Gazette Section 95D inserted 1 October 1995 section 17 Government Superannuation Fund Amendment Act 1995 Section 95D(1) replaced 2 October 2001 section 19 Government Superannuation Fund Amendment Act 2001 Section 95D(2) replaced 2 October 2001 section 19 Government Superannuation Fund Amendment Act 2001 96: Offences Every person commits an offence and shall be liable on $200 1947 No 57 s 87 Section 96 amended 1 July 2013 section 413 Criminal Procedure Act 2011 97: Regulations 1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: a: b: prescribing, for the purposes of all or any of sections 28(1)(b) 61R(1)(b) 71JA 81OA 86FA 88HA i: terms and conditions in relation to any election under any of those sections: ii: requirements relating to the contributors who are eligible to make any such election, such as a requirement that the contributor has been accepted for membership of another scheme: iii: restrictions on the period during which any such election may be made: iv: the way in which any deferred benefit or deferred lump sum or refund is to be determined: ba: prescribing, for the purposes of section 88HA c: prescribing money that may be lawfully payable into the Fund under section 14(d) d: prescribing money that may be lawfully payable out of the Fund under section 15(b) e: prescribing requirements in relation to the making of any election or application, or the giving of any notice, under this Act, including the evidence required in support of any election, application, or notice: f: prescribing requirements in relation to the supply by contributors or beneficiaries of such information as may reasonably be required for the purpose of administering this Act: g: prescribing the manner in which contributions are to be computed in the case of contributors whose salary— i: is computed at an hourly or daily rate; and ii: does not include payment for the time during which the contributor is not actually employed: h: prescribing the persons, or class of persons, who may make deductions from the salaries of contributors for payment into the Fund, and the time at which deductions shall cease in respect of contributors who retire, die, or cease to be contributors: i: providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration. 2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 97 replaced 1 October 1995 section 18 Government Superannuation Fund Amendment Act 1995 Section 97(1)(a) repealed 2 October 2001 section 20 Government Superannuation Fund Amendment Act 2001 Section 97(1)(ba) inserted 17 May 2005 section 4 Government Superannuation Fund Amendment Act (No 2) 2005 Section 97(1)(c) replaced 2 October 2001 section 20 Government Superannuation Fund Amendment Act 2001 Section 97(1)(d) replaced 2 October 2001 section 20 Government Superannuation Fund Amendment Act 2001 Section 97(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 98: Reciprocal arrangements with other Commonwealth Governments or other bodies 1: The Governor-General may from time to time, by Order in Council, declare that arrangements that have been made with the Government of any part of the Commonwealth outside New Zealand, or with any institution or body in New Zealand or any other part of the Commonwealth, with a view to providing reciprocity in matters relating to superannuation, shall have effect notwithstanding anything to the contrary in this Act or any other enactment; and every such Order in Council shall, subject to the provisions of this section, have effect according to its tenor. 2: Any Order in Council under this section may be at any time amended or revoked by a subsequent Order in Council; and any such amending or revoking Order in Council may contain such transitional provisions as appear to the Governor-General to be necessary or expedient. 3: An order under this section is secondary legislation ( see Part 3 1947 No 57 s 89 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 98(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 99: Repeals and savings 1: The enactments specified in Schedule 2 2: Without limiting the provisions of the Acts Interpretation Act 1924 3: All matters and proceedings commenced under any such enactment and pending or in progress at the commencement of this Act may be continued and completed under this Act. 4: Nothing in this Act shall be construed to reduce the retiring allowance or annuity to which any person may have become entitled at any time before the commencement of this Act. 5: No person who is a contributor at the commencement of this Act shall on his retirement at any time thereafter be granted a retiring allowance at a rate less than the rate that would have been granted if this Act had not been passed. 6: Where under Part 4 of the Public Service Superannuation Act 1927 any period has been included in the length of service of any contributor and he is contributing to the Fund at a percentage fixed by reference to his age at any date after the commencement of that period, his contributions to the Fund shall, on and after 1 April 1948, be fixed by reference to his age at the commencement of that period: provided that that period shall be deemed to be a continuous period immediately preceding the contributor's current period of contributory service, and that the current period of contributory service shall be deemed to include any period to which subsection (5) of section 26 7: The repeal of the following enactments shall not affect the amendments made by those enactments, namely: a: subsections (1), (3), and (4) of section 90 of the Superannuation Act 1947: b: subsection (2) of section 3 of the Superannuation Amendment Act 1948. 1947 No 57 ss 39(2), 70(3), (4), 91; 1948 No 79 ss 3(2), 21; 1950 No 94 s 15; 1955 No 107 ss 6(3), (4), 7(4), (5), (6) Section 99(1) amended 29 March 1985 section 22(1) Government Superannuation Fund Amendment Act 1985

DLM294701

1956

Rangitaiki Land Drainage Act 1956

1: Short Title and commencement 1: This Act may be cited as the Rangitaiki Land Drainage Act 1956, and shall be read together with and deemed part of the Land Drainage Act 1908 the principal Act 2: This Act shall come into force on 1 April 1957. 2: Interpretation In this Act— Board district 3: Application of Land Drainage Act 1908 In its application to the Rangitaiki Drainage District and the Rangitaiki Drainage Board the principal Act shall be read subject to the provisions of this Act. Rangitaiki Drainage District 4: Rangitaiki Drainage District constituted The land described in Schedule 1 section 3 Rangitaiki Drainage Board 5: Rangitaiki Drainage Board constituted 1: There shall be a Board of Trustees for the district under the name of the Rangitaiki Drainage Board. 2: Notwithstanding anything in the principal Act, the first Board of Trustees for the district shall be appointed by the Minister of Lands by notice in the Gazette 3: The first members of the Board may be so appointed at any time after the passing of this Act, and shall come into office on the commencement of this Act or on the date of appointment, whichever is the later. 4: No person shall be so appointed a member of the Board unless, if an election of members were held, he would be qualified under the principal Act to be elected as a member of the Board. 5: The members of the Board so appointed, unless they sooner vacate their office, shall hold office until the members of the Board elected at the first triennial election of members of Drainage Boards held after the commencement of this Act come into office: provided that the Minister of Lands may at any time, by notice in the Gazette section 5 6: The number of members of the Board to be elected at the first general election of members of the Board shall be fixed by the Governor-General by Order in Council. 6: Extraordinary vacancies Notwithstanding anything in section 10 a: dies; or b: becomes incapable of acting; or c: by writing addressed to the chairman resigns his office as trustee; or d: ceases to reside permanently in New Zealand; or e: is absent without leave from 3 consecutive meetings of the Board,— his office shall be deemed to be vacated, and the Board may by resolution appoint some qualified person to be a trustee in his stead. The person so appointed, unless he sooner vacates his office, shall hold office as trustee for so long only as his predecessor would have held office had he remained a trustee. Vesting of assets in the Board 7: Land, drainage works, etc, to vest in the Board 1: Upon the execution by the Board and delivery to the Minister of Lands of the debenture referred to in section 8 Schedule 1 2: The decision of the Minister of Lands as to what assets have vested in the Board under subsection (1) shall be final. 3: A notice in the Gazette 8: Board to execute debenture in favour of the Crown 1: As soon as the members of the first Board of Trustees constituted under this Act come into office, the Board shall execute in favour of Her Majesty the Queen a debenture securing to Her Majesty the sum of 135,000 pounds, together with interest thereon as from the date on which those members came into office at the rate of 4 pounds per cent per annum, by 30 annual instalments each of 7,807 pounds 1 shilling and 4 pence. 2: That debenture shall be in a form approved by the Minister of Lands, and shall be secured over, and be a first charge on, all property both real and personal whatsoever and wheresoever at any time owned by the Board and all revenues of the Board from any source and all rates payable to the Board: provided that the debenture shall not be secured over any special rates made as security for any special loans raised by the Board. Special powers of the Board 9: Subdivision of district 1: Without limiting the powers of the Board under sections 16 31A a: constitute that area a subdistrict, to be known by a distinctive name, in which drainage works of a general nature may be carried out; or b: constitute that area a subdivision, to be known by a distinctive number or name, within which, in addition to drainage works of a general nature, pumping schemes may be installed, maintained, and operated. Any such subdivision may be wholly within the boundaries of any subdistrict, or may be partly in one subdistrict and partly in another or others. 2: Notwithstanding the constitution of any subdistrict or subdivision under this section, all rateable property therein shall continue to be liable as part of the district to all rates levied from time to time on the whole district under section 31 3: The Board may at any time abolish any such subdistrict or subdivision by special order made on the petition of not less than half in number of the occupiers of the rateable property in the subdistrict or subdivision or on the petition of the occupiers of not less in the aggregate than half of the rateable property in the subdistrict or subdivision. 4: Notwithstanding anything to the contrary in the principal Act or in any other Act, any rate made and levied on lands in any subdivision in respect of any expenditure incurred in installing and operating pumping schemes, and administration and maintenance expenses, and interest in respect thereof, may be made and levied on an area Section 9(4) inserted 24 October 1957 Rangitaiki Land Drainage Amendment Act 1957 Section 9(4) amended 8 November 1974 Land Drainage Amendment Act 1974 10: Special provisions as to lands near the Tarawera River 1: The Board may from time to time, by notice in writing given to the occupier of any land within the district and situated near the Tarawera River, prohibit the construction of drains on the land or on such part thereof as may be specified in the notice, and also prohibit any other interference with the surface of the land or part thereof that may cause or be likely to cause the escape or seepage of water from that river. The decision of the Board as to whether or not any land is near the Tarawera River for the purposes of this section shall be final. 2: A notice to any occupier under this section may be given by delivering it to him personally, or by posting it upon a conspicuous part of the land and posting a copy thereof by registered letter addressed to the occupier at his last known place of abode or business in New Zealand, or to the agent or representative of the occupier. A notice so posted shall be deemed to have been given at the time when the registered letter would in the ordinary course of post be delivered. 3: Any notice given under this section may be at any time in like manner amended or revoked. 4: Every person who does or causes or permits to be done any act prohibited by a notice given to him under this section commits an offence and is liable on 5: The Board may from time to time do such things as it deems necessary for the purposes of filling in any drain on any land in respect of which a notice has been given under this section and of remedying any other interference with the surface of any such land, whether the drain was constructed or the interference was made before or after the commencement of this Act or before or after the giving of the notice. 6: For the purposes of this section the Board and all persons authorised by it in that behalf may enter upon and pass over any land within the district, with or without vehicles, and may take from any land in the immediate vicinity such spoil as may be required. 7: Every person suffering any damage from the exercise of any of the powers conferred on the Board by subsection (6) shall be entitled to full compensation therefor in accordance with the provisions of the Public Works Act 1928 8: All costs incurred by the Board under subsection (5) or subsection (6) in respect of any drain constructed or other interference made on any land at any time while the construction or making thereof was prohibited by a notice given under this section to the occupier of the land shall constitute a debt forthwith due and payable to the Board by that occupier, and shall be a charge on the land and may be recovered in the same manner as rates that have been validly demanded under the principal Act. 9: Subject to the provisions of subsection (8), all costs incurred by the Board under subsection (5) shall be deemed to be part of the expenses of the general administration of the principal Act in the district. 10: On the application of any owner or occupier of any land affected by a notice under this section, the Board may from time to time exempt that land or any part thereof from liability for rates under the principal Act either wholly or in part and for such period as it thinks fit, and may from time to time remit either wholly or in part any rates made and levied under the principal Act in respect of that land or any part thereof. Any exemption granted under this subsection may be at any time in like manner varied or revoked. 11: Except as otherwise expressly provided in this section, no compensation shall be payable under the Public Works Act 1928 12: Notwithstanding anything to the contrary in the Impounding Act 1955 fenced land stock Impounding Act 1955 Section 10(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Rates 11: Maximum general rate Section 11 repealed 29 June 1988 Rating Powers Act 1988 12: Existing classification of land continued in force Section 12 repealed 29 June 1988 Rating Powers Act 1988 13: Lands exempt from rates The following lands in the district are hereby declared to be exempt from the payment of all rates made and levied by the Board, namely: a: the land described in Schedule 2 b: the land in the Town of Matata and the district adjoining in respect of which the powers of a Borough Council as to the supply of water for domestic purposes were conferred on the former Whakatane County Council section 74 Section 13(b) amended 1 April 1980 section 8(3) Local Government Amendment Act 1979 14: Board may authorise Whakatane County Council to collect rates Section 14 repealed 29 June 1988 Rating Powers Act 1988 Miscellaneous provisions 15: Extending power of Board to make bylaws Without limiting the power to make bylaws conferred on the Board by the principal Act or any other Act, the Board may from time to time, in the manner provided by section 50 a: preventing or regulating the overflow of artesian wells or the pumping of water into any watercourse within the district, whether the watercourse is under the control of the Board or not: b: regulating the location and capacity of pumps installed after the commencement of this Act: c: prescribing such matters in relation to pumping as the Board considers necessary for the effective drainage of the district: d: regulating the use of any constructed watercourse under the control of the Board: e: prescribing conditions on which other constructed watercourses may be connected or continue to be connected with any constructed watercourse under the control of the Board, including in those conditions the payment to the Board of any annual or other charges: f: preventing the widening and deepening of watercourses under the control of the Board or the alteration of the course thereof without the consent of the Board: g: prohibiting or regulating the removal of shingle, sand, or other material from any watercourse under the control of the Board: h: prohibiting or regulating access to or the passing over or along any bank, dam or other defence against water, or other work of any kind whatsoever constructed, or maintained by, or under the control of, the Board: i: prohibiting or regulating the erection of any structures or fences within a specified distance from the banks of any watercourse under the control of the Board or in any place where they will obstruct or be likely to obstruct the free flow of floodwaters in any existing flood channel, and regulating the maintenance of any such structures or fences: j: generally preventing trespasses, nuisances, obstructions, and damage to watercourses under the control of the Board or to plantations established or maintained by the Board, and making all such provision as the Board deems necessary or expedient for the protection and proper management of its property and all machinery and works of every kind under its care, control, and management. 16: Penalty for breach of bylaws Notwithstanding the provisions of subsection (2) of section 50 17: Power of Board to borrow in anticipation of revenue Notwithstanding anything in the Local Authorities Loans Act 1956 the Board during the first 2 years of its existence may, with the consent of the Minister of Local Government Minister of Local Government Section 17 amended 1 April 1980 section 10(7)(a) Local Government Amendment Act 1979 18: Appointment of officers 1: Without limiting the powers conferred on the Board by section 43 Whakatane District Council 2: The Council is hereby empowered to enter into contracts with the Board for the purposes of this section upon such terms as it thinks fit. Section 18(1) amended 1 April 1980 section 8(3) Local Government Amendment Act 1979 19: Special provisions as to land in Edgecumbe township 1: The following provisions shall apply with respect to the land for the time being within the boundaries of the county town of Edgecumbe (being the land township a: the Whakatane District Council b: so long as the Whakatane District Council c: for the purposes of paragraph (b), the Valuer-General shall as soon as possible after the commencement of this Act, and thereafter whenever the values on the district valuation roll of the District of Whakatane 2: A determination under subsection (1)(c) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It is not required to be published. However, the Valuer-General must notify the Board and the Council in accordance with paragraph (c) LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 19(1) amended 23 October 1969 Rangitaiki Land Drainage Amendment Act 1969 Section 19(1)(a) amended 1 April 1980 section 8(3) Local Government Amendment Act 1979 Section 19(1)(b) amended 1 April 1980 section 8(3) Local Government Amendment Act 1979 Section 19(1)(c) amended 1 April 1980 section 8(3) Local Government Amendment Act 1979 Section 19(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 20: Repeals, savings, and amendments 1: The enactments specified in Schedule 4 2: The repeal of any enactment by this Act shall not affect the liability of any person for the payment of any rate made and levied under any such enactment before the commencement of this Act, and all such rates shall continue to be owing and shall be deemed to be owing to the Board, which shall have the same powers in respect thereof as if those rates had been made and levied by the Board under this Act at the dates when the same were respectively made and levied. 3: Amendment(s) incorporated in the Act(s) 4: 5: Amendment(s) incorporated in the Act(s) Section 20(2) replaced 24 October 1957 Rangitaiki Land Drainage Amendment Act 1957 Section 20(4) repealed 1 April 1968 Rating Act 1967

DLM304358

1956

Reserves and Other Lands Disposal Act 1956

1: Short Title This Act may be cited as the Reserves and Other Lands Disposal Act 1956. 2: Authorising the change of purpose of certain land in the Town of Manaia Whereas the land described in subsection (3) is vested in the Chairman, Councillors, and Citizens of the Town District of Manaia (in this section referred to as the Corporation And whereas the said land is not required for those purposes and the Corporation wishes to use it as a site for a library: And whereas the existing Athenaeum Reserve in the Town of Manaia is unsuitable as a library site and is held under lease: And whereas it is desirable and expedient that the purpose of the said land be changed from an endowment for town purposes to a reserve for library purposes subject to the Reserves and Domains Act 1953: Be it therefore enacted as follows: 1: The land described in subsection (3) is hereby declared to be no longer vested in the Corporation as an endowment for town purposes, and is hereby declared to be vested in the Corporation in trust as a site for library purposes subject to the provisions of the Reserves and Domains Act 1953, freed and discharged from all other trusts, reservations, and restrictions heretofore affecting the same. 2: The District Land Registrar for the Land Registration District of Taranaki is hereby authorised and directed to make such entries in the register books, to register such instruments, and to do all such other things as may be necessary to give effect to the provisions of this section. 3: The land to which this section relates is particularly described as follows: All that area in the Taranaki Land District, Manaia Town District, being Section 7, Block XIX, Town of Manaia, containing 1 rood, more or less, and being all the land comprised and described in certificate of title, Volume 204, folio 96, Taranaki Registry. 3: Amending section 168 of the Reserves and Other Lands Disposal and Public Bodies Empowering Act 1924 Whereas section 168 subsection (3) of section 25 And whereas certain of the dwellings erected in pursuance of that authority encroach on portion of a former closed road area which was added to the said domain by Proclamation published in the Gazette And whereas it is desirable that this additional land (being the land to which subsection (2) relates) be made subject to the provisions of the said section 168: Be it therefore enacted as follows: 1: The provisions of the said section 168 2: The land to which this section relates is particularly described as follows: All that area in the Canterbury Land District containing 10 perches and eight-tenths of a perch, more or less, being Reserve 4349, Block XII, Leeston Survey District: as shown on the plan marked L and S 1/456A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured red (SO Plan 6745). 4: Declaring portion of the Havelock Commonage to be Crown land subject to the Land Act 1948 and adding certain other Crown land to the commonage Whereas the land firstly described in subsection (4) is, together with other land, set apart as a commonage for the inhabitants of the Town of Havelock and the management thereof is vested in the Town of Havelock Commonage Trustees: And whereas the said land has not been used as and is not required for commonage purposes, and it is desirable that it be declared Crown land subject to the Land Act 1948 And whereas the land secondly described in the said subsection (4) adjoins the commonage and was formerly held on renewable lease, but was never occupied by the registered lessee and has been occupied as part of the commonage, and it is desirable that it be declared part of the said Havelock Commonage subject to the Havelock Commonage Act 1905 Be it therefore enacted as follows: 1: The land firstly described in subsection (4) is hereby declared to be no longer subject to the provisions of the Havelock Commonage Act 1905 Land Act 1948 2: The land secondly described in subsection (4), being formerly portion of the land comprised in renewable lease numbered RL o/303, registered in Volume 290, folio 172, Otago Registry, is hereby declared to be part of the Havelock Commonage subject to the Havelock Commonage Act 1905 3: The District Land Registrar for the Land Registration District of Otago is hereby authorised and directed to deposit such plans, to accept such documents for registration, to make such entries in the register books, and to do all such other things as may be necessary to give effect to the provisions of this section. 4: The land to which this section relates is particularly described as follows: All those areas in the Otago Land District being— Firstly, parts of Section 44, Block X, Waitahuna East Survey District, containing together 5 acres 10 perches and one-tenth of a perch, more or less: Secondly, part of Section 9, Block X, Waitahuna East Survey District, containing 5 perches and seven-tenths of a perch, more or less: As shown on the plan marked L and S 1/356, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red and yellow respectively (SO Plan 11726). 5: Special provisions relating to the Taieri River Trust Whereas section 19 Trust And whereas subsection (3) of the said section 19 And whereas section 21 And whereas a special rate was levied to repay a loan raised for the purposes referred to in subsection (3) of the said section 19 And whereas the Trust, without proper authority, has established an account known as the Pumping Station Renewal Reserve Account for the purpose of renewing the Trust's pumping station at Henley: And whereas the sum of 150 pounds per annum is required to be paid into this Account: And whereas the Trust wishes to set aside out of the revenue raised from its endowments as referred to in subsection (2) the said annual sum of 150 pounds, and to apply at its discretion any surplus over and above the said sum firstly, towards any work or works carried out on the said endowments and secondly, towards the general maintenance and improvement of works within the Taieri River Trust District: And whereas there are situated in Lake Waihola certain small islands which are more particularly described in subsection (6), and it is desired that the said islands be vested in the Trust as an endowment subject to the Taieri River Improvement Act 1920 And whereas it is desirable and expedient that provision be made to validate the establishment of the said Pumping Station Renewal Reserve Account and for the payment into that Account of the annual sum referred to herein and for disbursement of proceeds in the said Account and various ancillary matters dealing with the Trust's operations: Be it therefore enacted as follows: 1: Notwithstanding anything to the contrary in the Taieri River Improvement Act 1920 2: The Trust is hereby authorised to set aside out of the revenue received from its endowments created by section 19 section 21 3: Any surplus revenue over and above the said annual sum of 150 pounds shall be applied by the Trust at its discretion firstly, towards any work or works carried out on the said endowments referred to in subsection (2) and secondly, towards the general maintenance and improvement of works within the Taieri River Trust District. 4: The islands described in subsection (6) are hereby declared to be vested in the Trust as an endowment subject to the Taieri River Improvement Act 1920 5: The District Land Registrar for the Land Registration District of Otago is hereby authorised and directed to deposit such plans, register such documents, make such entries in the register books, and to do all such other things as may be necessary to give effect to the provisions of this section. 6: The land to which subsection (4) relates is particularly described as follows: All those areas in the Otago Land District, being islands in Lake Waihola adjoining Blocks XXI, XXII, and XXIII, Waihola Survey District, containing together 92 acres, more or less: as shown on the plan marked L and S 15/102C, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red (SO Plans 78 and 8343). 6: Vesting certain land in the Corporation of the Borough of Masterton subject to the Municipal Corporations Act 1954 Whereas the land described in subsection (3) is vested in the Mayor, Councillors, and Citizens of the Borough of Masterton (in this section referred to as the Corporation And whereas the Corporation has adequate open spaces and recreation areas in the locality and the said land is no longer required for the purposes of an open space: And whereas the Corporation wishes to use the said land for housing, and it is desirable and expedient that the land be vested in it subject to the provisions of the Municipal Corporations Act 1954: Be it therefore enacted as follows: 1: Notwithstanding anything to the contrary in any Act or rule of law, the vesting in the Corporation for the purposes of an open space of the land described in subsection (3) is hereby cancelled, and the land is hereby declared to be vested in the Corporation for an estate in fee simple subject to the provisions of the Municipal Corporations Act 1954, but otherwise freed and discharged from all trusts, reservations, and restrictions heretofore affecting the said land. 2: The District Land Registrar for the Land Registration District of Wellington is hereby authorised and directed to deposit such plans, to accept such documents for registration, to make such entries in the register books, and to do all such other things as may be necessary to give effect to the provisions of this section. 3: The land to which this section relates is particularly described as follows: All that area in the Wellington Land District, being Lots 28 and 29, DP 8150, being part of Section 43, Manaia Block, situated in Block IV, Tiffin Survey District, containing 1 acre 1 rood 12 perches and eight-tenths of a perch, more or less, and being all the land comprised and described in certificate of title, Volume 350, folio 108, Wellington Registry. 7: Removing certain land from the provisions of section 39 of the Maori Land Claims Adjustment and Laws Amendment Act 1907 and vesting that land in the Corporation of the City of Wellington for recreation purposes Whereas the land described in subsection (4) is part of a sports ground known as the Alex Moore Recreation Ground, and is vested in the Mayor, Councillors, and Citizens of the City of Wellington for an estate in fee simple in trust for the purposes of pleasure grounds and recreation grounds: And whereas the said land was originally acquired by the Johnsonville Town Board under the Public Works Act 1905, and payment of compensation was provided for in section 39 of the Maori Land Claims Adjustment and Laws Amendment Act 1907: And whereas the said section 39 conferred on the Johnsonville Town Board a power of sale in respect of the said land: And whereas the said land is being developed by the Wellington City Council as the main sports ground for Johnsonville, and the said Council considers that the power of sale conferred as aforesaid is now no longer required, and desires that the said power of sale be cancelled and the said land vested in it as a recreation reserve subject to the Reserves and Domains Act 1953: Be it therefore enacted as follows: 1: Section 39 of the Maori Land Claims Adjustment and Laws Amendment Act 1907 is hereby repealed. 2: The vesting of the land described in subsection (4) is hereby cancelled, and the land is hereby declared to be vested in the Mayor, Councillors, and Citizens of the City of Wellington in trust as a recreation reserve subject to the Reserves and Domains Act 1953, but otherwise freed and discharged from all trusts, reservations, and restrictions heretofore affecting the same. 3: The District Land Registrar for the Land Registration District of Wellington is hereby authorised and directed to accept such documents for registration, to make such entries in the register books, and to do all such other things as may be necessary to give effect to the provisions of this section. 4: The land to which this section relates is particularly described as follows: All that area in the Wellington Land District, City of Wellington, being Lots 1, 2, 5 to 17, 19 to 30, and part of Lots 31 and 32, Deposited Plan No 2107, and Lots 33 and 35 to 40, Deposited Plan No 2200, being part of Section 8, Porirua District, situated in Block XI, Belmont Survey District, containing 11 acres 12 perches and twenty-nine hundredths of a perch, more or less, and being all the land comprised and described in certificate of title, Volume 600, folio 20, Wellington Registry. 8: Repealing section 6 of the Water Supply Amendment Act 1913 Whereas section 6 of the Water Supply Amendment Act 1913 (in this section referred to as the said section And whereas the Alexandra Development Party Limited and the Cromwell Development Company Limited contracted to purchase lands from the Crown in terms of the said section: And whereas the ventures were not a success and difficulties were experienced by the said companies in disposing of the said land in the manner provided by the said section: And whereas certain certificates of title issued to purchasers for land disposed of by the said companies in terms of the said section were made subject to the area restrictions imposed by subparagraph (v) of paragraph (a) thereof: And whereas all the land so acquired by the said companies has now been disposed of, and the Alexandra Development Party Limited has been wound up and the Cromwell Development Company Limited is in the process of being wound up: And whereas it is desirable that the said section be repealed and that the area restrictions imposed by subparagraph (v) of paragraph (a) thereof be removed from the relative certificates of title: Be it therefore enacted as follows: 1: Section 6 of the Water Supply Amendment Act 1913 is hereby repealed. 2: Nothing in this section shall be deemed to affect any mining privilege or other right acquired by the Cromwell Development Company Limited in terms of the said section, nor be deemed to derogate from or alter in any manner (other than as expressly provided in subsection (3)) any title to land issued pursuant to the said section 6. 3: As from the date of the commencement of this Act, any land which is subject to the restrictions imposed by subparagraph (v) of paragraph (a) of the said section shall cease to be so subject. 9: Declaring certain land vested in the Inangahua Agricultural and Pastoral Association to be Crown land Whereas the land described in subsection (3) is vested in trust in the Inangahua Agricultural and Pastoral Association (in this section referred to as the Association And whereas the said land has never been used for that purpose: And whereas the Association is no longer active and has now ceased to function: And whereas for the better management and control of the said land it is desirable that the vesting in the Association be cancelled and the said land declared Crown land subject to the Land Act 1948 Be it therefore enacted as follows: 1: Notwithstanding anything to the contrary in the Agricultural and Pastoral Societies Act 1908 Land Act 1948 2: The District Land Registrar for the Land Registration District of Nelson is hereby authorised and directed to cancel without fee the certificate of title for the land described in subsection (3), and to do all such other things as may be necessary to give effect to the provisions of this section. 3: The land to which this section relates is particularly described as follows: All that area in the Nelson Land District, being Sections 71 and 80, Square 131, situated in Block X, Reefton Survey District, containing 98 acres 2 roods and 30 perches, more or less, and being all the land comprised and described in certificate of title, Volume 35, folio 17, Nelson Registry. 10: Vesting certain land in the Corporation of the County of Westland and validating certain leases Whereas section 4 Corporation And whereas it has been discovered that the said land, which is more particularly described in subsection (5), is and has always been vested in Her Majesty as public road: And whereas it is desirable to vest the land in the Corporation for an estate in fee simple subject to the Counties Act 1920, to validate any leases granted pursuant to the said section 4, and to enable registration of existing and future leases and dealings therewith: Be it therefore enacted as follows: 1: The portion of public road described in subsection (5) is hereby declared to be closed and to be vested in the Corporation for an estate in fee simple subject to the Counties Act 1920 freed and discharged from all rights of the public thereover as a public highway. 2: Any lease heretofore granted by the Corporation pursuant to section 4 3: The District Land Registrar for the Land Registration District of Westland is hereby authorised and directed to make such entries in the register books and to do all such other things as may be necessary to give effect to the provisions of this section. 4: The Westland County Council Enabling Act 1894 is hereby repealed. 5: The land to which this section relates is particularly described as follows: All that area in the Westland Land District situated in Block XI, Kaniere Survey District, containing 3 roods and 13 perches, more or less, bounded as follows: Commencing at a point 102.2 links bearing 69°21′ from the south-eastern corner of part of Lot 2, Deposited Plan 173, thence proceeding in a northerly direction by lines bearing 345°40′ for 192.5 links, 352°44′ for 478.0 links, 341°10′ for 572.1 links to the southernmost corner of part Reserve 913; thence northerly along the eastern boundary of the said part Reserve 913 for a distance of 70 links; thence easterly by a line bearing 110° for 140 links to the left bank of the Kaniere River; thence southerly along the said bank to a point due east of the point of commencement; thence on a bearing of 270° for 40.0 links to the point of commencement: as shown on the plan marked L and S 16/2239, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red. 11: Setting apart certain land for the purposes of Part 3 of the Coal Mines Act 1925 Whereas pursuant to the provisions of the State Coal Mines Act 1901, the Coal Mines Act 1905, and the Coal Mines Act 1908 respectively, a total area of 6 504 acres 2 roods and 38 perches of Crown land in the Nelson Land District was set apart for the purposes of the said Acts: And whereas the said land has been known and is still known as the Seddonville State Coal Reserve (in this section referred to as the reserve And whereas from time to time certain areas of the reserve have by notice been exempted from the provisions of the said Acts and ceased to be subject thereto: And whereas defects in the notices promulgated in the past dealing with the reserve have been discovered and doubts have arisen as to the correct description and boundaries of the land which now comprises the residue of the reserve: And whereas it is desirable that these doubts be resolved, and that the land described in subsection (3) be set apart for the purposes of Part 3 of the Coal Mines Act 1925: Be it therefore enacted as follows: 1: Notwithstanding anything to the contrary in the Coal Mines Act 1925 or in any other Act or rule of law, all notices affecting the reserve are hereby cancelled: provided that the cancellation of the said notices shall not in any way affect any coal lease or any other rights granted by the Crown under the Coal Mines Act 1925 over any part of the reserve. 2: The land described in subsection (3) is hereby declared to be set apart under and subject to the provisions of Part 3 of the Coal Mines Act 1925. 3: The land to which subsection (2) relates is particularly described as follows: All that area in the Nelson Land District situated in Block XV, Mokihinui Survey District, containing 20 acres 2 roods 6 perches and five-tenths of a perch, more or less, and bounded as follows: Commencing at the easternmost corner of Section 70, Block XV, Mokihinui Survey District; thence towards the south-east by Halcyon Road, bearing 227°06′ for 812.1 links; thence towards the west by a right line bearing 347°34′ for 3 317.6 links; thence towards the north generally by the Mokihinui Road, bearing 97°41′ for 169.01 links and bearing 83°53′ for 242.9 links; thence towards the north-east by railway land, bearing 137°06′ for 591.4 links; thence towards the east by Halcyon Road, bearing 167°34′ for 2 311.2 links, to the point of commencement: as the same is more particularly shown on the plan marked L and S 22/5107, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red. 12: Special provisions relating to the St James Parish Hall at Mangere Whereas by section 12 Council Board said land And whereas, pursuant to the said section 12, the Council leased the said land to the Board on certain terms and under the authority of the said lease the Board erected on the said land the St James Parish Hall: And whereas, by section 5 And whereas, pursuant to the said section 5, the St James Parish Hall erected on the said land became vested in the Council and the Board transferred to the Council the furnishings in the hall and certain money held by the Board: And whereas the Board desires the said parish hall and the furnishings therein to be disposed of to it for removal purposes and has requested that all money held by the Council in its St James Hall Account be paid to the Board: And whereas the Council is agreeable to this being done and it is desirable for provision to be made accordingly: Be it therefore enacted as follows: 1: Notwithstanding anything to the contrary in section 5 a: to dispose of to the Board for removal purposes the St James Parish Hall erected on the said land together with the furnishings therein on such terms and conditions as may be mutually agreed upon by the Council and the Board: b: to transfer to the Board all money standing to the credit of the St James Hall Account in the books of the Council after deducting therefrom all charges and expenses incurred in the disposal of the said Parish Hall to the Board, and the receipt of the Board shall be a good and sufficient discharge to the Council. 2: On the disposal of the Parish Hall and the furnishings therein to the Board in accordance with this section, the hall and furnishings shall be deemed to be the property of the Board. 13: Declaring lands subject to the Forests Act 1949 to be Crown land subject to the Land Act 1948 Whereas the lands described in subsection (2) are set apart as permanent State forest under the Forests Act 1949 And whereas it is desirable that they should be declared Crown land subject to the Land Act 1948 Be it therefore enacted as follows: 1: The setting apart of the lands described in subsection (2) as permanent State forest is hereby revoked and the said lands are hereby declared to be Crown land subject to the Land Act 1948 2: The lands to which this section relates are particularly described as follows: Firstly, all those areas in the North Auckland Land District, being parts of Allotment 45, Kaitara Parish, situated in Blocks VII and XI, Purua Survey District, containing together 35 acres 3 roods 12 perches and nine-tenths of a perch, more or less: as shown on the plan marked L and S 58320C, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red (SO Plan 38963). Secondly, all that area in the North Auckland Land District, being part of the land set apart as permanent State forest by Proclamation dated 21 September 1938, and published in the Gazette Thirdly, all that area in the Taranaki Land District, being part of Lot 9, DP 393, and being part of Pohokura Block, situated in Block XI, Ngatimaru Survey District, containing 101 acres 2 roods and 25 perches, more or less: as shown on the plan marked L and S 22/4119, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red (SO Plan 8788). Fourthly, all that area in the Hawke's Bay Land District, being Section 3 (formerly parts of Blocks 56, 73, 74, 75, and 76, Wakarara Crown Grant District), Block XI, Wakarara Survey District, containing 512 acres and 2 roods, more or less, being part of the land comprised and described in certificate of title, Volume 62, folio 216, Hawke's Bay Registry: as shown on the plan marked L and S X/93/9, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red (SO Plan 2854). Fifthly, all those areas in the Nelson Land District, being parts of Section 1 and part of Section 11, Block X, Motupiko Survey District, containing together 336 acres and 30 perches, more or less: as shown on the plan marked L and S X/97/12, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red (SO Plan 9934). Sixthly, all those areas in the Nelson Land District, being Section 76, Square 4, and Sections 4, 5, 13, and 14, Block XV, Wai-iti Survey District, and Sections 2 and 22 to 27, Block XIV, Wai-iti Survey District, containing together 1 161 acres 2 roods and 33 perches, more or less: as shown on the plan marked L and S X/97/12A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red (SO Plans 2973, 3188, 3189, 3560, 5081). Seventhly, all that area in the Otago Land District, being part of Section 15, Block II, Naseby Survey District, containing 66 acres and 3 roods, more or less: as shown on the plan marked L and S 8/9/123, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red (SO Plan 12038L). Eighthly, all that area in the Otago Land District, being Lot 1, DP 8691, and being Sections 1 and 2, and part of Section 11, Block XV, Town of Tapanui, containing 2 roods 32 perches and fourteen one-hundredths of a perch, more or less, and being part of the land comprised and described in certificate of title, Volume 215, folio 256, Otago Registry: as shown on the plan marked L and S 6/1/67, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged green. Ninthly, all that area in the Southland Land District, being Section 206 (formerly part of Section 7), Block XII, Waiau Survey District, containing 54 acres 1 rood and 25 perches, more or less, and being part of the land comprised and described in certificate of title, Volume 135, folio 105, Southland Registry: as shown on the plan marked L and S X/101/35A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red (SO Plan 6299). Tenthly, all that area in the Southland Land District, being Section 203 (formerly part of State forest Number 10) Block XI, Waiau Survey District, containing 501 acres 2 roods and 20 perches, more or less: as shown on the plan marked L and S 32/272, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red (SO Plan 6300). Eleventhly, all that area in the Southland Land District, being part of State forest Number 10 and part of Sections 4 and 41, Block XXI, Jacobs River Hundred, containing 675 acres, more or less: as shown on the plan marked L and S 22/2053, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red (SO Plan 6335). 14: Validating a loan by the Strath Taieri Soldiers' Memorial Board and authorising the registration of a certain mortgage in favour of the Board Whereas the Strath Taieri Soldiers' Memorial Board (in this section referred to as the Board And whereas the Board has lent the sum of 800 pounds, and there has been executed in its favour a memorandum of mortgage dated 27 February 1956, from Robert Knowles, of Dunedin, company manager, over part Sections 49 and 50, Block XXIV, Town of Dunedin, together with right of way created by conveyance Number 103423, and being the whole of the land comprised and described in certificate of title, Volume 293, folio 98, Otago Registry (limited as to parcels), to secure the repayment of such sum: And whereas the Board has no power to lend money and is not a body corporate: And whereas there is thus no authority to register the said mortgage: And whereas it is desirable and expedient that the Board's action be validated, and that provision be made for the registration of the said memorandum of mortgage and for any variations, exercise of power of sale, or discharge thereof: Be it therefore enacted as follows: 1: The action of the Board in lending the said sum of 800 pounds and in taking as security for the repayment thereof a memorandum of mortgage in its favour is hereby confirmed and validated and declared to have been lawfully done, and the said mortgage is hereby declared to be of full force and effect according to its tenor. 2: The Board may by resolution vary the terms of the said memorandum of mortgage, or grant any discharge or partial discharge thereof. 3: For the purpose of giving effect to any variations, or of granting any discharge or partial discharge as aforesaid, or of exercising any power of sale under the mortgage, any documents which may require to be executed by the Board for such purpose may be lawfully executed if signed on behalf of the Board by the Chairman and any 2 other members thereof pursuant to a resolution of the said Board. 4: The District Land Registrar for the Land Registration District of Otago is hereby authorised and directed to accept for registration the said memorandum of mortgage, or any variation or discharge thereof, or any transfer of the land in the mortgage in exercise of the power of sale contained or implied therein, executed on behalf of the Board as aforesaid, and to make such entries in the register books and to do all such other things as may be necessary to give effect to the provisions of this section. 15: Altering the trusts under which certain land is vested in the Corporation of the City of Invercargill Whereas the land firstly described in subsection (4) is vested in the Mayor, Councillors, and Citizens of the City of Invercargill (in this section referred to as the Corporation And whereas the said land adjoins the Invercargill Eastern Cemetery, but in view of the city's expansion in that direction and the fact that it is situated on the main access routes from the city the Corporation does not wish to retain the said land for cemetery purposes: And whereas the land secondly described in subsection (4) forms portion of land vested in the Corporation in trust as an endowment in aid of city funds: And whereas the said land secondly described is suitable for cemetery purposes, and the Corporation has requested that it be set aside for such purposes, and that the said land firstly described be freed from all existing trusts and reservations: And whereas it is desirable and expedient to give effect to the wishes of the Corporation: Be it therefore enacted as follows: 1: The land firstly described in subsection (4) is hereby declared to be vested in the Corporation subject to the Municipal Corporations Act 1954, but otherwise freed and discharged from all trusts, reservations, and restrictions heretofore affecting the same. 2: The land secondly described is hereby declared to be vested in the Corporation in trust for the purposes of a public cemetery subject to the Municipal Corporations Act 1954, but otherwise freed and discharged from all trusts, reservations, and restrictions heretofore affecting the same. 3: The District Land Registrar for the Land Registration District of Southland is hereby authorised and directed to make such entries in the register books, to register such instruments, and to do all such other things as may be necessary to give effect to the provisions of this section. 4: The land to which this section relates is particularly described as follows: Firstly, all that area in the Southland Land District, being part of Section 42, Block II, Invercargill Hundred, containing 48 acres and 4 perches, more or less, and being all the land comprised and described in certificate of title, Volume 127, folio 66, Southland Registry: as shown on the plan marked L and S 2/645, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red. Secondly, all that area in the Southland Land District, being part of Section 1, Block XXII, Invercargill Hundred, and being part of the land comprised and described in certificate of title, Volume 158, folio 25, Southland Registry, containing 28 acres more or less, subject to survey, and bounded as follows: On the north by Mason Road for a distance of 900 links; on the east by other part of Section 1 for a distance of 3 112.7 links; on the south by Lardner Road for a distance of 900 links; and on the west by Lot 1, DP 2991, for a distance of 3 112.7 links: as shown on the plan marked L and S 2/645A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged blue. 16: Vesting certain land in the Corporation of the Borough of Onehunga as a recreation reserve Whereas section 92 Corporation And whereas the said section provided, inter alia And whereas the certificate of title issued to the Corporation for the land is subject to this special provision: And whereas the Corporation is developing the land for recreation purposes and wishes the said provision to be removed from its title: And whereas the said provision is no longer required: Be it therefore enacted as follows: 1: Notwithstanding the provisions of section 92 2: The District Land Registrar for the Auckland Land Registration District is hereby authorised and directed to make such entries in the register books and to do all such other things as may be necessary to give effect to the provisions of this section. 3: Section 92 4: The land to which this section relates is particularly described as follows: All that area in the North Auckland Land District, being Section 50 (the Basin), Town of Onehunga, situated in Block V, Otahuhu Survey District, containing 16 acres and 2 roods, more or less, and being all the land comprised and described in certificate of title, Volume 241, folio 137, Auckland Registry: as shown on the plan marked L and S 22/3818, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red. 17: Effecting exchanges of certain land in the Town of Opotiki Whereas the land firstly and secondly described in subsection (6) is vested in the Mayor, Councillors, and Citizens of the Borough of Opotiki (in this section referred to as the Corporation And whereas the land firstly described is subject to an unregistered lease in favour of Peter Richard Warren, of Opotiki, pilot: And whereas the Corporation desires to exchange the land firstly described for land owned in fee simple by the said Peter Richard Warren (being more particularly thirdly described in subsection (6)), who has given his consent thereto: And whereas the Pakohai Tribal Committee desires to acquire the land secondly described as a marae site for the tribe, and has agreed with the Corporation to exchange therefor the land fourthly described in subsection (6), which is held by certain persons as trustees for the said Pakohai Tribal Committee: And whereas it is desirable and expedient to give effect to the exchanges: Be it therefore enacted as follows: 1: The vesting of the land firstly described in subsection (6) in the Corporation is hereby cancelled, and the said land is hereby declared to be vested in Peter Richard Warren, of Opotiki, pilot, for an estate in fee simple freed and discharged from all trusts, reservations, and restrictions heretofore affecting the same. 2: The vesting of the land secondly described in subsection (6) in the Corporation is hereby cancelled, and the said land is hereby declared to be vested in Kauri Mathews, of Opotiki, retired farmer, and Wairata Walker, wife of Isaac Walker, of Opotiki, farmer, for an estate in fee simple in trust for the Pakohai Tribal Committee, but otherwise freed and discharged from all trusts, reservations, and restrictions heretofore affecting the same. 3: The vesting of the land thirdly described in subsection (6) in Peter Richard Warren, of Opotiki, pilot, for an estate in fee simple is hereby cancelled, and the said land is hereby declared to be vested in the Corporation for an estate in fee simple as an endowment in aid of borough funds. 4: The vesting of the land fourthly described in subsection (6) in Kauri Mathews, of Opotiki, retired farmer, and Wairata Walker, wife of Isaac Walker, of Opotiki, farmer, for an estate in fee simple is hereby cancelled, and the said land is hereby declared to be vested in the Corporation for an estate in fee simple as an endowment in aid of borough funds, but otherwise freed and discharged from all trusts, reservations, and restrictions heretofore affecting the same. 5: The District Land Registrar for the Land Registration District of Gisborne is hereby authorised and directed to make such entries in the register books and to do all such other things as may be necessary to give effect to the provisions of this section. 6: The lands to which this section relates are particularly described as follows: All those areas in the Gisborne Land District being— Firstly, Allotment 222 of Section 1, Town of Opotiki, containing 1 rood, more or less, and being part of the land comprised and described in certificate of title, Volume 67, folio 132, Gisborne Registry. Secondly, Allotments 220 and 221 of Section 1, Town of Opotiki, containing 2 roods, more or less, and being part of the land comprised and described in certificate of title, Volume 67, folio 132, Gisborne Registry. Thirdly, Lot 6, DP 4047, being part of Allotment 357 of Section 2, Town of Opotiki, containing 34 perches and two-tenths of a perch, more or less, and being all the land comprised and described in certificate of title, Volume 111, folio 188, Gisborne Registry. Fourthly, Lots 12 and 13, DP 9115 (AK), being part of Allotment 151 of Section 2, Town of Opotiki, containing 1 rood 24 perches and twenty-four one-hundredths of a perch, more or less, and being all the land comprised and described in certificate of title, Volume 97, folio 219, Gisborne Registry. 18: Special provisions relating to Lake Horowhenua Whereas under the authority of the Horowhenua Block Act 1896, the Maori Appellate Court on 12 September 1898 made an Order determining the owners and relative shares to an area of 13 140 acres and 1 rood, being part of the Horowhenua XI Block: And whereas the said area includes the Horowhenua Lake (as shown on the plan lodged in the office of the Chief Surveyor at Wellington under Number 15699), a 1 chain strip around the lake, the Hokio Stream from the outlet of the lake to the sea, and surrounding land: And whereas certificate of title, Volume 121, folio 121, Wellington Registry, was issued in pursuance of the said Order: And whereas by Maori Land Court Partition Order dated 19 October 1898 the lake was vested in trustees for the purposes of a fishing easement for all members of the Muaupoko Tribe who might then or thereafter own any part of the Horowhenua XI Block (in this section referred to as the Maori owners And whereas the minutes of the Maori Land Court relating to the said Partition Order recorded that it was also intended to similarly vest the 1 chain strip around the lake, the Hokio Stream from the outlet of the lake to the sea, and a 1 chain strip along a portion of the north bank of the said stream, but this was not formally done: And whereas the Horowhenua Lake Act 1905 declared the lake to be a public recreation reserve under the control of a Domain Board (in this section referred to as the Board And whereas by section 97 And whereas subsequent legislation declared certain land adjoining the said 1 chain strip, and more particularly firstly described in subsection (13), to form part of the recreation reserve and to be under the control of the Board: And whereas as a result of drainage operations undertaken some years ago on the said Hokio Stream the level of the lake was lowered, and a dewatered area was left between the margin of the lake after lowering and the original 1 chain strip around the original margin of the lake: And whereas this lowering of the lake level created certain difficulties in respect of the Board's administration and control of the lake, and in view of the previous legislation enacted relating to the lake, doubts were raised as to the actual ownership and rights over the lake and the 1 chain strip and the dewatered area: And whereas a Committee of Inquiry was appointed in 1934 to investigate these problems: And whereas the Committee recommended that the title to the land covered by the waters of the lake together with the 1 chain strip and the said dewatered area be confirmed by legislation in ownership of the trustees appointed in trust for the Maori owners: And whereas certain other recommendations made were unacceptable to the Maori owners, and confirmation of ownership and further appointment of a Domain Board lapsed pending final settlement of the problems affecting the lake: And whereas by Maori Land Court Order dated 8 August 1951 new trustees were appointed for the part of Horowhenua XI Block in the place of the original trustees, then all deceased, appointed under the said Maori Land Court Order dated 19 October 1898: And whereas agreement has now been reached between the Maori owners and other interested bodies in respect of the ownership and control of the existing lake, the said 1 chain strip, the said dewatered area, the said Hokio Stream and the chain strip on a portion of the north bank of that stream, and certain ancillary matters, and it is desirable and expedient that provision be made to give effect to the various matters agreed upon: Be it therefore enacted as follows: 1: For the purposes of the following subsections: lake dewatered area Hokio Stream 2: Notwithstanding anything to the contrary in any Act or rule of law, the bed of the lake, the islands therein, the dewatered area, and the strip of land 1 chain in width around the original margin of the lake (as more particularly secondly described in subsection (13)) are hereby declared to be and to have always been owned by the Maori owners, and the said lake, islands, dewatered area, and strip of land are hereby vested in the trustees appointed by Order of the Maori Land Court dated 8 August 1951 in trust for the said Maori owners. 3: Notwithstanding anything to the contrary in any Act or rule of law, the bed of the Hokio Stream and the strip of land 1 chain in width along a portion of the north bank of the said stream (being the land more particularly thirdly described in subsection (13)), excepting thereout such parts of the said bed of the stream as may have at any time been legally alienated or disposed of by the Maori owners or any of them, are hereby declared to be and to have always been owned by the Maori owners, and the said bed of the stream and the said strip of land are hereby vested in the trustees appointed by Order of the Maori Land Court dated 8 August 1951 in trust for the said Maori owners. 4: Notwithstanding the declaration of any land as being in Maori ownership under this section, there is hereby reserved to the public at all times and from time to time the free right of access over and the use and enjoyment of the land fourthly described in subsection (13). 5: Notwithstanding anything to the contrary in any Act or rule of law, the surface waters of the lake together with the land firstly and fourthly described in subsection (13), are hereby declared to be a public domain subject to the provisions of Part 3 of the Reserves and Domains Act 1953: provided that such declaration shall not affect the Maori title to the bed of the lake or the land fourthly described in subsection (13): provided further that the Maori owners shall at all times and from time to time have the free and unrestricted use of the lake and the land fourthly described in subsection (13) and of their fishing rights over the lake and the Hokio Stream, but so as not to interfere with the reasonable rights of the public, as may be determined by the Domain Board constituted under this section, to use as a public domain the lake and the said land fourthly described. 6: Nothing herein contained shall in any way affect the fishing rights granted pursuant to section 9 of the Horowhenua Block Act 1896. 7: Subject to the provisions of this section, the Minister of Conservation 8: Notwithstanding anything to the contrary in the Reserves and Domains Act 1953, the Board shall consist of— a: 4 persons appointed by the Minister on the recommendation of the Muaupoko Maori Tribe: b: 1 person appointed by the Minister on the recommendation of the Horowhenua County Council: c: 2 persons appointed by the Minister on the recommendation of the Levin Borough Council: d: the Director-General of Conservation ex officio 9: Notwithstanding anything in the Land Drainage Act 1908 Soil Conservation and Rivers Control Act 1941 10: The Manawatu Catchment Board shall control and improve the Hokio Stream and maintain the lake level under normal conditions at 30 feet above mean low water spring tides at Foxton Heads: provided that before any works affecting the lake or the Hokio Stream are undertaken by the said Catchment Board, the prior consent of the Domain Board constituted under this section shall be obtained: provided further that the said Catchment Board shall at all times and from time to time have the right of access along the banks of the Hokio Stream and to the lake for the purpose of undertaking any improvement or maintenance work on the said stream and lake. 11: The District Land Registrar for the Land Registration District of Wellington is hereby authorised and directed to deposit such plans, to accept such documents for registration, to make such entries in the register books, and to do all such other things as may be necessary to give effect to the provisions of this section. 12: The following enactments are hereby repealed: a: the Horowhenua Lake Act 1905: b: section 97 c: section 64 d: section 53 13: The land to which this section relates is particularly described as follows: Firstly, all that area in the Wellington Land District, being Subdivision 38 and part of Subdivision 39 of Horowhenua 11B Block, situated in Block I, Waiopehu Survey District, containing 13 acres 3 roods and 37 perches, more or less, and being all the land comprised and described in certificate of title, Volume 165, folio 241, Wellington Registry: as shown on the plan marked L and S 1/220, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red (SO Plan 15589). Secondly, all that area in the Wellington Land District situated in Block XIII, Mount Robinson Survey District, Block II, Waitohu Survey District, and Block I, Waiopehu Survey District, containing 951 acres, more or less, being part of the land comprised and described in certificate of title, Volume 121, folio 121, Wellington Registry, and being more particularly the bed of the lake, the islands therein, the dewatered area, and the strip of land 1 chain wide around the original margin of the lake: as shown on the plan marked L and S 1/220A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged blue, and coloured orange and red respectively (SO Plan 23584). Thirdly, all that area in the Wellington Land District situated in Block IV, Moutere Survey District, and Block II, Waitohu Survey District, containing 40 acres, more or less, being part of the land comprised and described in certificate of title, Volume 121, folio 121, Wellington Registry, and being more particularly the bed of the Hokio Stream together with a strip of land 1 chain wide along a portion of the north bank of the said stream: as shown on the plan marked L and S 1/220A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured blue and sepia respectively (SO Plan 23584). Fourthly, all that area in the Wellington Land District situated in Block I, Waiopehu Survey District, being that portion of the dewatered area together with so much of the 1 chain strip of land herein secondly described as in each case fronts Subdivision 38, Horowhenua 11B Block, herein firstly described, and being parts of the land coloured orange and red respectively on the plan marked L and S 1/220A, deposited in the Head Office, Department of Lands and Survey, at Wellington (SO Plan 23584). Section 18(7) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 18(8)(d) amended 1 April 1987 section 65(1) Conservation Act 1987 19: Authorising the Corporation of the Borough of Balclutha to sell portion of a public cemetery Whereas the land described in subsection (6) was with other land vested in the Corporation of the Borough of Balclutha (in this section referred to as the Corporation section 10 And whereas the said land is unsuitable and has never been used for cemetery purposes: And whereas it is expedient that the Corporation should be empowered to sell the said land and to apply the proceeds in the acquisition of other lands to be held for the purpose of a public cemetery or in the development or improvement of any lands now vested in or which may hereafter become vested in the said Corporation for the said purpose: Be it therefore enacted as follows: 1: The reservation for cemetery purposes of the land described in subsection (6) is hereby revoked, and the said land is hereby declared to be vested in the Corporation freed and discharged from all trusts, reservations, and restrictions heretofore affecting the same. 2: The Corporation is hereby empowered to sell the land described in subsection (6) or any part thereof by public auction, public tender, or private contract, or partly by the one and partly by the other of such modes of sale, and either in one lot or in subdivisions as the Corporation may in its discretion decide, but subject to such conditions as to title, time, or mode of payment of purchase money or otherwise as it thinks fit, and with or without a grant or reservation of rights of way, rights of water easements, drainage easements, or other rights, privileges, or easements in favour of the purchaser or the said Corporation, or any other person. 3: The net proceeds from the sale of the land referred to in subsection (6), or of any part thereof, shall be applied towards all or any of the following objects, namely: a: the purchase or other acquisition of lands to be held for the purpose of a public cemetery: b: the development or improvement of any lands now vested, or which may hereafter become vested in the said Corporation for the said purpose. 4: The Corporation may utilise for street purposes any portion of the land described in subsection (6), and shall by special order declare to be a street any portion so used. 5: The District Land Registrar for the Land Registration District of Otago is hereby authorised and directed to make such entries in the register books, to deposit such plans, to accept such documents for registration, and to do all such other things as may be necessary to give effect to the provisions of this section. 6: The land to which this section relates is particularly described as follows: All that area in the Otago Land District, being Lot 1, DP 8780, being part Cemetery Reserve situated in Block XVII, Town of Balclutha, containing 2 acres 2 roods 22 perches and five-tenths of a perch, more or less, and being part of the land comprised and described in certificate of title, Volume 319, folio 75, Otago Registry: as shown on the plan marked L and S 2/632, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged green. 20: Amending section 5(3) of the Paritutu Centennial Park Act 1938 in respect of certain lands adjacent to the park Section 20 repealed 21 September 1968 section 7(1) Paritutu Centennial Park Act 1968 21: Abolishing the Foxton Harbour Board and authorising the disposal of the said Board's endowment lands and other assets Whereas the Foxton Harbour Board Act 1908 constituted a Harbour Board known as the Foxton Harbour Board (in this section referred to as the Board And whereas shipping has long ceased to use the Port of Foxton and the Board's function as a Harbour Authority has ceased to exist: And whereas the Board has over the years subdivided into building lots certain of its endowment lands at Foxton Beach Township and has leased certain of those building lots: And whereas there is no need for the maintenance of a Port at Foxton and it is desirable that the Board be abolished: And whereas the Chairman, Councillors, and Inhabitants of the County of Manawatu (in this section referred to as the Corporation And whereas it is desirable and expedient that provision be made for: a: the abolition of the Board; b: the various matters agreed upon with the Corporation for the taking over of the Foxton Beach endowment lands and adjacent Crown land; and c: the disposal of the balance of the Board's endowment lands and other assets: Be it therefore enacted as follows: 1: Notwithstanding anything in the Harbours Act 1950, or in any other Act or rule of law, the Board constituted by the Foxton Harbour Board Act 1908 is hereby abolished, and all assets and liabilities of the Board, excepting the foreshore and other endowment lands dealt with in this section, shall vest in and become assets and liabilities of the Crown, and the Minister of Marine, on behalf of the Crown, is hereby authorised to dispose of any such assets and discharge any such liabilities, and the said Minister is hereby further authorised to dispose of any money remaining after discharge of the said liabilities in such manner as he thinks fit. 2: The vesting in the Board as an endowment of the foreshore and other lands described in subsection (8) of the Foxton Harbour Board Act 1908, and of the lands described in subsections (5) and (6) of section 120 provided that nothing in this section shall be deemed to affect the validity of any dealing with any part of the said land before the date of the commencement of this section in accordance with the terms and conditions under which it was held before that date. 3: For the purpose of dealing with the land secondly described in subsection (12) (in this section referred to as the endowment area 4: Notwithstanding the provisions of section 58 5: The terms under which the endowment area is vested in the Corporation shall be as follows: a: the Corporation shall pay to the Crown for the endowment area an amount, not exceeding 40,000 pounds, determined by the Minister of Lands in that behalf, and any such amount shall be payable, free of interest, over a period of 12 years by equal annual instalments, the first of the instalments being payable on 1 December 1957: b: c: the Corporation shall, on the expiry of current leases of the endowment area, or, by agreement with the lessees, before expiry, grant to all lessees of subdivisions of the endowment area perpetually renewable leases for a term of 21 years: provided also that any such subdivisions shall be subject to the provisions of the Land Subdivision in Counties Act 1946: d: where any part of the endowment area is, at the commencement of this section, unalienated, any subdivisions of that land may be leased by the Corporation on perpetually renewable leases, for a term of 21 years: provided also that any such subdivisions shall be subject to the provisions of the Land Subdivision in Counties Act 1946: e: notwithstanding the provisions of paragraphs (c) and (d), the Corporation may, in specific cases and with the approval of the Minister of Lands, grant leases of any part of the endowment area for a fixed non-renewable term but otherwise in accordance with the provisions of those paragraphs. The Corporation shall take such steps as may be necessary to ensure that any lease under paragraph (c) or paragraph (d) are registerable under the Land Transfer Act 1952 f: g: in the event of the Foxton Beach Township being created a borough, the transfer of the endowment area from the Corporation to the borough and the terms and conditions of the transfer shall be a matter for consideration and determination by the Local Government Commission in accordance with the Local Government Commission Act 1953. 6: 7: If default is made by the Corporation in complying with the provisions of this section, the Governor-General may, by Order in Council, cancel the vesting of the endowment area in the Corporation subject to such terms and conditions as he thinks fit and, upon the publication in the Gazette Land Act 1948 8: The Minister of Lands may, subject to agreement with the Corporation, by notice in the Gazette Gazette Land Act 1948 9: The land thirdly described in subsection (12) is hereby declared to be Crown land subject to the provisions of the Land Act 1948 10: The District Land Registrar for the Land Registration District of Wellington is hereby authorised and directed to accept such documents for registration, to deposit such plans, to make such entries in the register books, and to do all such other things as may be necessary to give effect to the provisions of this section. 11: The following enactments are hereby repealed: a: the Foxton Harbour Board Act 1908: b: section 88 c: the Foxton Harbour Board Amendment Act 1917: d: section 51 of the Reserves and Other Lands Disposal and Public Bodies Empowering Act 1921: e: section 120 f: 12: The lands to which this section relates are particularly described as follows: All those areas in the Wellington Land District being— Firstly, all that area situated in Block I, Moutere Survey District, containing 94 acres, more or less, being Lot 1 on Deposited Plan Number 17622 and being part of the land comprised and described in certificate of title, Volume 662, folio 42, Wellington Registry: as shown on the plan marked L and S 22/2843, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red (SO Plan 23692). Secondly, all those areas situated in Block I, Moutere Survey District, being Section 5, containing 106 acres and 2 roods, more or less; Section 6, estimated to contain about 48 acres, more or less; Section 7, estimated to contain about 90 acres, more or less, and being part of the land in certificate of title, Volume 662, folio 42, Wellington Registry; Lot 1 on Deposited Plan Number 17622, containing 94 acres, more or less, and being part of the land comprised and described in certificate of title, Volume 662, folio 42, Wellington Registry; part Section 270 of the Township of Foxton, containing 224 acres 1 rood and 16 perches, more or less, and being part of the land comprised and described in certificates of title, Volume 662, folio 42, and Volume 518, folio 188, Wellington Registry; and part Section 268 of the Township of Foxton, containing 101 acres 1 rood 5 perches and fifty-eight hundredths of a perch, more or less, and being part of the land comprised and described in certificate of title, Volume 518, folio 188, Wellington Registry: as shown on the plan marked L and S 22/2843, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured blue (SO Plan 23692). Thirdly, all that area situated in Block I, Mount Robinson Survey District, containing 342 acres and 7 perches, more or less, being part Section 332 of the Township of Carnarvon and being part of the land comprised and described in certificate of title, Volume 518, folio 188, Wellington Registry: as shown on the plan marked L and S 22/2843, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured orange (SO Plan 23692). 13: This section shall come into force on 16 November 1956. Section 21(5)(b) repealed 17 December 1968 section 13(17)(a) Reserves and Other Lands Act 1968 Section 21(5)(c) first proviso repealed 17 December 1968 section 13(17)(b) Reserves and Other Lands Act 1968 Section 21(5)(d) first proviso repealed 17 December 1968 section 13(17)(c) Reserves and Other Lands Act 1968 Section 21(5)(f) repealed 17 December 1968 section 13(17)(d) Reserves and Other Lands Act 1968 Section 21(6) repealed 28 October 1965 section 9(10) Reserves and Other Lands Disposal Act 1965 Section 21(11)(f) repealed 19 November 1971 Harbours Amendment Act (No 2) 1971

DLM301455

1956

Local Legislation Act 1956

1: Short Title This Act may be cited as the Local Legislation Act 1956. County Councils 2: Provision with respect to refund to County Fund Account from housing loan by Clutha County Council Whereas, before authority had been obtained to the raising of a loan of the sum of 10,000 pounds, known as the Housing Loan 1955, £10,000 (in this section referred to as the loan Council And whereas authority has since been obtained to the raising of the loan, and the Council is desirous of recouping its County Fund Account out of the proceeds of the loan and it is expedient to make provision accordingly: Be it therefore enacted as follows: The Council is hereby authorised and empowered to refund to its County Fund Account out of the proceeds of the loan a sum not exceeding 3,750 pounds. 3: Certain area of County of Manukau deemed to be a legal subdivision for purposes of the Local Bodies’ Loans Act 1926 For the purposes of the Local Bodies’ Loans Act 1926, the area situated within the County of Manukau and shown on the plan lodged in the office of the Chief Surveyor, at Auckland, under Number SO 39845, and thereon edged red, shall be deemed to be a legal subdivision. 4: Authorising Tauranga County Council to make ex gratia Whereas by an agreement dated 1 August 1952, made between R. G. Oliver and Son, of Otorohanga, contractors (in this section referred to as the contractors And whereas, owing to unusual flooding and other circumstances, increased costs were incurred by the contractors and the contractors suffered considerable loss: And whereas the Tauranga County Council, in the circumstances, is desirous of making a payment of 250 pounds to the contractors: Be it therefore enacted as follows: The Tauranga County Council is hereby authorised and empowered to pay the sum of 250 pounds to the contractors by way of compensation in respect of the loss incurred by them. 5: Provision with respect to levying general rates by Otorohanga and Waitomo County Councils Whereas by an Order in Council made on 23 March 1956 the County of Kawhia was abolished and part of the former county was included in the County of Otorohanga and constituted a riding of that county and the remaining part of the former county was included in the County of Waitomo and constituted a riding of that county: And whereas it is expedient that each County Council should be authorised to levy the general rate separately in the new riding of the county: Be it therefore enacted as follows: 1: The provisions of subsections (1) and (3) of section 121A of the Counties Act 1920 (as enacted by section 6 of the Counties Amendment Act 1954), as far as they are applicable and with the necessary modifications, shall apply to the Counties of Otorohanga and Waitomo as if each area so added were a separate county and as if, in each case, a new county had been formed by the union of that county with the county to which the area was so added, and also as if for the words 5 years 10 years 2: This section shall be deemed to have come into force on 1 April 1956. 6: Extending period during which Manukau County Council may fix water rates and charges by special order 1: Amendment(s) incorporated in the Act(s) 2: This section shall be deemed to have come into force on 1 April 1956. 7: Provision with respect to union of counties of Ashley, Eyre, Kowai, and Rangiora Whereas the Local Government Commission, pursuant to section 21 of the Local Government Commission Act 1953 united county And whereas in the said final scheme it is recommended that the united county be divided into 10 ridings and that the number of Councillors of the united county be 14: And whereas the Counties Act 1920 provides that the number of Councillors of a county so divided shall not exceed 12: And whereas in order to enable full effect to be given to the said final scheme it is expedient that provision be made in accordance with this section: Be it therefore enacted as follows: Notwithstanding anything to the contrary in any Act, the Governor-General may, in any Order in Council made pursuant to the Local Government Commission Act 1953, providing for the first election of Councillors of the united county or for the discharge of the functions of the Council of the united county pending that first election, declare that the number of members of the Council of the united county shall, until the members elected at the second general election of members of that Council come into office, be such number not exceeding 14 as he deems fit. 8: Provision with respect to refund to County Fund Account from works loan by Clutha County Council Whereas, before authority was obtained to the raising of a loan of the sum of 125,000 pounds, known as the Works Loan 1956, £125,000 (in this section referred to as the loan Council And whereas authority has since been obtained to the raising of the loan, and the Council is desirous of recouping its County Fund Account out of the proceeds of the loan and it is expedient to make provision accordingly: Be it therefore enacted as follows: The Council is hereby authorised and empowered to refund to its County Fund Account out of the proceeds of the loan a sum not exceeding 20,336 pounds. 9: Vesting certain land in Corporation of County of Rodney Whereas by deed dated 29 March 1892, and registered in the Deeds Register Office at Auckland under Number 120227, the land described in subsection (3) was vested in the Pakiri Public Library, a body incorporated under the Public Libraries Powers Act 1875: And whereas by declaration dated 25 March 1892, and lodged in the Supreme Court Office at Auckland under Number 95/1892, Henry Brown, George Pratt, Charles Whitley, Ellis Dyer, Thomas Henry Pratt, Magnus Biorklund, and George Henry Rayner were appointed trustees under the said Act for the purposes of using the said land as a site for a public library to be known as the Pakiri Public Library: And whereas 6 of the said trustees are deceased and the sole surviving trustee is the said George Pratt: And whereas the residents of the locality wish the Pakiri Public Library site to be used as a war memorial public hall site: And whereas the said George Pratt has agreed to this and desires to be divested of the said land and freed from trusteeship: And whereas the Chairman, Councillors, and Inhabitants of the County of Rodney (in this section referred to as the Corporation Be it therefore enacted as follows: 1: The vesting in the Pakiri Public Library Incorporated of the land described in subsection (3) is hereby cancelled and the said land is hereby declared to be vested in the Corporation in trust as a site for a war memorial public hall under and subject to the Counties Act 1920 but otherwise freed and discharged from all trusts, reservations, and restrictions heretofore affecting it. 2: The District Land Registrar for the Land Registration District of Auckland is hereby authorised and directed to make such entries in the register books, to register such instruments, and to do all such other things as may be necessary to give effect to the provisions of this section. 3: The land to which this section relates is more particularly described as follows: All that area in the North Auckland Land District being part of Allotment 41, Parish of Pakiri, situated in Block XI, Pakiri Survey District, containing 2 roods, more or less, and being all the land comprised and described in certificate of title, Volume 761, folio 122, Auckland Registry, limited as to parcels and title. 10: Provision with regard to further extension of period of appointment of Commissioner for County of Matakaoa Section 10 repealed 22 October 1959 section 8(2) Local Legislation Act 1959 11: Vesting certain land in Corporation of County of Franklin Whereas by deed registered in the Deeds Register Office at Auckland under Number 166866 the land described in subsection (3) was vested in the Pukekohe East Public Library, a body incorporated under the Public Library Powers Act 1875: And whereas by declaration lodged in the Supreme Court Office at Auckland on 30 July 1879 William Morgan, George Gunson, Watkin Robinson, William Sharp, and William Comrie were appointed trustees under the said Act for the purpose of using the said land as a site for a public library at Pukekohe East: And whereas all of the said trustees are deceased and no further trustees have been appointed: And whereas residents of the locality wish the Pukekohe East Public Library site to be used as a community centre: And whereas the Chairman, Councillors, and Inhabitants of the County of Franklin (in this section referred to as the Corporation Be it therefore enacted as follows: 1: The vesting in the Pukekohe East Public Library of the land described in subsection (3) is hereby cancelled and the said land is hereby declared to be vested in the Corporation in trust as a site for a community centre under and subject to the Counties Act 1920 but otherwise freed and discharged from all trusts, reservations, and restrictions heretofore affecting it. 2: The District Land Registrar for the Land Registration District of Auckland is hereby authorised and directed to make such entries in the register books, to register such instruments, and to do all such other things as may be necessary to give effect to the provisions of this section. 3: The land to which this section relates is more particularly described as follows: All that area in the North Auckland Land District containing by admeasurement 1 rood, more or less, being part of Allotment 30, Parish of Pukekohe, and being all the land comprised and described in certificate of title, Volume 522, folio 56, Auckland Registry, limited as to parcels and title. City and Borough Councils 12: Validating certain expenditure by Bluff Borough Council The expenditure by the Bluff Borough Council during the financial year ended on 31 March 1954 of the sum of 171 pounds 3 shillings and 2 pence in the purchase of a mayoral chain and badge of office is hereby validated and declared to have been lawfully incurred. 13: Validating the terms of certain agreements made between the Corporation of the Borough of Cambridge and certain property owners Whereas the Corporation of the Mayor, Councillors, and Citizens of the Borough of Cambridge (in this section referred to as the Corporation And whereas the waters naturally flowed into and formed part of a stream which intersected or bounded the lands described in subsection (3): And whereas, owing to the operations of the said works interfering with the riparian rights previously enjoyed by the said lands, the respective owners thereof made certain claims for compensation against the Corporation: And whereas such claims were settled between the respective owners and the Corporation and the terms of the settlements were embodied in 2 agreements now recorded in the Department of Internal Affairs at Wellington under Number IA 105/23: And whereas it is provided in each of the agreements: a: that, subject to the conditions and limitations therein prescribed, the Corporation will supply in perpetuity such water as may be needed for domestic and farming purposes to the land to which the agreement relates; and b: that all claims which the owner of the land may have for compensation in respect of injurious affection caused or likely to be caused to his land by the operation of the said works shall be deemed to have been satisfied: And whereas the said agreements provide for certain payments being made by the Corporation to the owners of the land to which the agreements relate: And whereas there is no legal authority for the Corporation to grant to the respective owners the perpetual rights of water supply hereinbefore referred to: Be it therefore enacted as follows: 1: The Corporation shall be deemed to have been duly empowered to agree in and by the said agreements to grant in perpetuity to the respective owners of the said lands and their successors or assigns a sufficient supply of water for domestic and farming purposes, subject to the terms, conditions, and limitations set out in the said agreements, which shall have effect and be binding according to the tenor thereof. 2: All payments heretofore made or hereafter to be made by the Corporation pursuant to the said agreements are hereby declared to be valid and within the powers of the Corporation. 3: The lands to which this section relates are more particularly described as follows: a: all that piece of land containing 289 acres 1 rood and 27 perches, more or less, being part Lot B on Deposited Plan Number 2614, the land being situated in the Maungatautari Survey District and being part of Maungatautari Number 1 Block and being the residue of the land comprised and described in certificate of title, Volume 108, folio 253, Auckland Registry, the said piece of land being vested in Geoffrey James Hodgson for an estate in fee simple: b: all that piece of land containing 338 acres 1 rood and 11 perches, more or less, being Lot 4 on Deposited Plan Number 2035, the land being situated in the Maungatautari Survey District and being all the land comprised and described in certificate of title, Volume 108, folio 252, Auckland Registry, the said piece of land being vested in Jean Gordon Vosper, Geoffrey James Hodgson, and Ian Wynn McKay for an estate in fee simple. 14: Provision with respect to certain expenditure by Carterton Borough Council in connection with centennial celebrations The Carterton Borough Council is hereby authorised and empowered to expend out of its General Account a sum not exceeding 500 pounds for the purpose of celebrating and commemorating the 100th anniversary of the founding of the township of Carterton, and any expenditure heretofore incurred or made by the said Council for that purpose is hereby validated and declared to have been lawfully incurred and made. 15: Provision with respect to certain expenditure by Featherston Borough Council in connection with centennial celebrations The Featherston Borough Council is hereby authorised and empowered to expend out of its General Account a sum not exceeding 500 pounds for the purpose of celebrating and commemorating the 100th anniversary of the founding of the township of Featherston, and any expenditure heretofore incurred or made by the said Council for that purpose is hereby validated and declared to have been lawfully incurred and made. 16: Extending special rating area in Borough of Mount Roskill 1: The special rating area within the Borough of Mount Roskill, created pursuant to section 21 of the Local Bodies’ Loans Act 1926, as follows, namely: a: by a resolution of the Mount Roskill Borough Council passed on 7 September 1948, and published in the Gazette Gazette b: by a resolution of the said Council passed on 9 June 1953, and published in the Gazette Gazette is hereby extended by adding thereto the contiguous areas described in subsection (2). 2: The areas to which this section relates are particularly described as follows: Firstly, all that area bounded by a line commencing at a point on the eastern side of Dominion Road, being the south-western corner of Lot 358 on Deposited Plan 22826, being part of Allotment 49, Parish of Titirangi, and running easterly along the southern boundary of the said Lot 358 to the south-eastern corner of that lot; thence southerly generally along the eastern boundaries of Lot 1 on Deposited Plan 31464, being part of the said Allotment 49, Lot 2 (Road Reserve) on Deposited Plan 31464 aforesaid, being part of the said Allotment 49 and part of Allotment 12 of Section 13, Suburbs of Auckland, Lot 3 on the said Deposited Plan 31464, being part of the aforesaid Allotment 12 of Section 13, Lots 974, 975, 976, 977, 978, 979, and 980 on Deposited Plan 22826 beforementioned, Lots 1, 2, and 3 on Deposited Plan 38633, and Lot 4 on Deposited Plan 31464 beforementioned, the said lots all being parts of the aforesaid Allotment 12 of Section 13, to the north-eastern corner of Lot 5 (Road Reserve) on the said Deposited Plan 31464, being part of the aforesaid Allotment 12 of Section 13; thence westerly along the northern boundary of the said Lot 5 to Dominion Road; thence northerly along the eastern side of that road to the point of commencement. Secondly, all that area bounded by a line commencing at the south-western corner of Lot 369 on Deposited Plan 19327, being part of Allotment 49 of the Parish of Titirangi, and running easterly along the southern boundaries of that lot, and of Lots 368 and 367 on the said Deposited Plan 19327, to and along the southern end of Winstone Road for a distance of 18.18 links; thence southerly along a right line parallel to the eastern boundaries of Lots 350, 351, 352, and 353 on Deposited Plan 22826 for a distance of 303 links; thence westerly along another right line parallel to the southern end of Winstone Road and the southern boundaries of Lots 367, 368, and 369 beforementioned, to the eastern boundary of Lot 353 aforesaid; thence northerly along that eastern boundary and the eastern boundaries of Lots 352, 351, and 350 aforesaid, all the aforesaid lots being parts of Allotment 49 beforementioned, to the point of commencement. Thirdly, all that area bounded by a line commencing at a point on the south-western side of Stoddard Road, being the eastern corner of Lot 6 on Deposited Plan 38811, being part of Allotment 90 of the Parish of Titirangi, and running south-easterly along the south-western side of May Road; thence south-westerly along the north-western side of May Road to the eastern corner of Lot 3 on Deposited Plan 18183, being part of Allotment 89 of the said parish; thence north-westerly along the north-eastern boundary of the said Lot 3 to the south-eastern boundary of part Lot 8 on Deposited Plan 36008, being part of Allotment 90 aforesaid; thence north-easterly along that south-eastern boundary to and along the south-eastern boundaries of Lots 7 and 6 on Deposited Plan 38811 beforementioned, being parts of the said Allotment 90, to the point of commencement: As the same are more particularly shown edged red on a plan certified by the Chief Surveyor, at Auckland, and lodged at the public offices of the said Council. 3: This section shall be deemed to have come into force on 1 April 1956. 17: Validating certain expenditure incurred by Palmerston North City Council The expenditure by the Palmerston North City Council during the financial year ended on 31 March 1956 of the sum of 177 pounds 14 shillings and 6 pence in the purchase of an official chain and badge of office for the Mayoress is hereby validated and declared to have been lawfully incurred. 18: Authorising Palmerston North City Council to make certain grants to the Public Relations Organisation (P.N.) The Palmerston North City Council is hereby authorised to make grants not exceeding 1,000 pounds to the Public Relations Organisation (P.N.), a society incorporated under the Incorporated Societies Act 1908 19: Authorising raising of special loan by Palmerston North City Council Whereas the Palmerston North City Council (in this section referred to as the Council And whereas the Local Government Loans Board, having no authority to sanction the raising of that portion of the loan which related to the refunding to the District Fund Account, has sanctioned the raising of the balance of the loan amounting to 80,000 pounds: And whereas it is desirable to authorise the Council to raise a special loan not exceeding the sum of 45,000 pounds for the purpose of recouping its District Fund Account in respect of money advanced thereout as aforesaid: Be it therefore enacted as follows: The Council is hereby authorised and empowered to borrow by way of special loan under the Local Bodies’ Loans Act 1926, and, notwithstanding the provisions of section 9 of that Act, without the prior consent of the ratepayers, an amount not exceeding the sum of 45,000 pounds for the purpose of refunding to its District Fund Account money advanced thereout for the purposes of the aforesaid works. 20: Provision with respect to expenditure of money by Hastings City Council in connection with the celebration of attainment of city status The Hastings City Council (in this section referred to as the Council 21: Provision with respect to agreement made by Hastings City Council as to sewerage Whereas the Corporation of the City of Hastings, with the consent of the Hawke's Bay County Council, under the authority of section 223 of the Municipal Corporations Act 1954, extended its drainage system into an area within the Hawke's Bay County by laying a sewer extending from the City of Hastings to the sea and entered into an agreement with Seaview Farms Limited, a company carrying on the business of processers and packers of fruit, vegetables, and other foodstuffs upon premises in the said area, to connect those premises (in this section referred to as the said works said term And whereas it is expedient that the Hastings City Council should not be at liberty to disconnect the drainage system from the said works during the said term except in accordance with the express provisions of the said agreement: Be it therefore enacted as follows: Notwithstanding the provisions of subsection (2) of section 223 of the Municipal Corporations Act 1954, the Hastings City Council shall have no power to disconnect the said works from the drainage system as so extended except in accordance with the terms and conditions set out in the agreement hereinbefore referred to relating to those works. 22: Provision with respect to certain rates levied by Dunedin City Council Whereas the Otago Presbyterian Church Board of Property (in this section referred to as the Board Corporation And whereas the said rates were levied on the unimproved value of the said rateable property as appearing in the valuation roll then in force: And whereas when the valuation of the said rateable property was made, the Valuer-General was unaware that the Board's property was held subject to statutory restrictions: And whereas consequent on a revaluation of the said rateable property the said valuation was reduced from 12,700 pounds to 3,500 pounds with effect from 1 April 1956: And whereas the amount of the said rates would have been 165 pounds 5 shillings and 8 pence if the said revaluation had been effective for the said rating year: And whereas the Corporation, being satisfied that hardship would result to the Board if it were required to pay the said sum of 578 pounds 1 shilling and 8 pence, is desirous of accepting the sum of 165 pounds 5 shillings and 8 pence in full discharge and satisfaction of the said rates: Be it therefore enacted as follows: Notwithstanding anything to the contrary in any Act, the Corporation is hereby authorised and empowered to accept the sum of 165 pounds 5 shillings and 8 pence in full discharge and satisfaction of the said rates. 23: Provision with respect to sale of certain lands by Hamilton City Council Whereas the lands firstly and secondly described in subsection (4) are vested in the Corporation of the Mayor, Councillors, and Citizens of the City of Hamilton (in this section referred to as the Corporation And whereas it is expedient to empower the Hamilton City Council to sell the said lands and apply the proceeds of the sale thereof in manner hereinafter provided: Be it therefore enacted as follows: 1: Notwithstanding anything to the contrary in any Act or rule of law, the Hamilton City Council may sell the lands described in subsection (4) or any part or parts thereof in such manner, on such terms, and subject to such conditions as it thinks fit, and on the sale of any such land all trusts, reservations, and restrictions theretofore affecting the same shall be deemed to be cancelled. 2: The net proceeds from the sale of the said lands shall be paid into a separate bank account in the name of the Council and be applied in or towards the construction of buildings for municipal offices or a civic administration centre and amenities therefor, on land vested in the Corporation. 3: The District Land Registrar for the Land Registration District of Auckland is hereby authorised and directed to deposit such plans, accept such documents for registration, to make such entries in the register books, and to do all such other things as may be necessary to give effect to the provisions of this section. 4: The lands to which this section relates are more particularly described as follows: Firstly, all that area in the South Auckland Land District, City of Hamilton, being Lots 3 and 4, DP 19075, and Lots 1 and 2, DP 21509, the said lots being parts of Allotments 43 and 44, Town of Hamilton West, situated in Block II, Hamilton Survey District, containing 2 roods 2 perches and sixty-three hundredths of a perch, more or less, and being part of the land comprised and described in certificate of title, Volume 80, folio 64, Auckland Registry, subject to right of way over the said Lot 4 appurtenant to the land comprised and described in leasehold certificate of title, Volume 1112, folio 258, and in leases numbered 20775, 21345, 21348, and 21639, Auckland Registry: as shown on the plan marked L and S 13/96, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red. Secondly, all that area in the South Auckland Land District, City of Hamilton, being part of Allotment 476, Town of Hamilton West, situated in Block II, Hamilton Survey District, containing 2 roods 14 perches and seventy-six hundredths of a perch, more or less, and being the balance of the land comprised and described in certificate of title, Volume 73, folio 174, Auckland Registry, part of which is subject to lease number 18854 and to a restricted right of way appurtenant to the aforesaid lease: as shown on the plan marked L and S 13/96A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red and coloured yellow. 24: Authorising the sale of certain land by Henderson Borough Council Whereas the Mayor, Councillors, and Citizens of the Borough of Henderson (in this section referred to as the Corporation land And whereas the Corporation is desirous of transferring the land to the Western Suburbs Returned Services' Association Henderson Branch Incorporated (in this section referred to as the Association And whereas the land is not held by the Corporation in trust for any particular purpose or purposes: Be it therefore enacted as follows: 1: Notwithstanding anything to the contrary in the Municipal Corporations Act 1954 2: The land to which this section relates is more particularly described as follows: All that piece of land situated in the Borough of Henderson containing by admeasurement 1 rood, more or less, being Lot 69 on a plan lodged in the Deeds Register Office at Auckland as Number 33, being part of Allotment 7 of the Parish of Waipareira and being also the whole of the land comprised and described in certificate of title, Volume 765, folio 154, Auckland Registry. 25: Validating certain agreement made between Putaruru Borough Council and Leslie Wilfred Nicholl Whereas the Mayor, Councillors, and Citizens of the Borough of Putaruru (in this section referred to as the Corporation And whereas the Corporation has no authority to enter into an agreement on the said terms and conditions and it is desirable to validate the said agreement: Be it therefore enacted as follows: Notwithstanding anything to the contrary in the Municipal Corporations Act 1954, or in any other Act, the Corporation is hereby and shall be deemed to have been at all times authorised and empowered to enter into the said agreement which shall be binding upon the parties thereto and shall for all purposes have effect according to its tenor. 26: Authorising raising of special loan by Stratford Borough Council Whereas, by Order in Council made on 11 January 1955, pursuant to the Local Government Loans Board Act 1926 Council And whereas, after expending the amount of the said loan, the Council expended out of its District Fund Account money amounting in the aggregate to the sum of 5,000 pounds in completion of the said extensions: And whereas it is desirable to authorise the Council to raise a loan of 5,000 pounds for the purpose of recouping its District Fund Account in respect of the money expended thereout as aforesaid: Be it therefore enacted as follows: The Council is hereby authorised and empowered to borrow by way of special loan under the Local Bodies’ Loans Act 1926 27: Authorising Dannevirke Borough Council to construct stock route Whereas the Dannevirke Borough Council (in this section referred to as the Council sewerage reserve And whereas the sewerage reserve is held by the Council for the purpose of a sanitary sewage irrigation area: And whereas the Council has purchased all that piece of land adjoining the sewerage reserve containing by admeasurement 2 roods 22 perches and eight-tenths of a perch, more or less, being part of Suburban Section 48, Dannevirke, situated in Block III, Tahoraiti Survey District, and being Lot 1 on Deposited Plan Number 9256, and being all the land comprised and described in certificate of title, Volume 157, folio 15, Hawke's Bay Registry (in this section referred to as the adjoining land And whereas the Council is desirous of establishing a stock route across the sewerage reserve and the adjoining land connecting Makirikiri Road and Miller Street, both in the County of Dannevirke, but has no power so to do: Be it therefore enacted as follows: 1: The action of the Council in purchasing the adjoining land for the purpose of a stock route is hereby validated. 2: Notwithstanding that the sewerage reserve is held by the Council for the purpose of a sanitary sewage irrigation area, the Council may lay out, form, and maintain, to such standard as it deems desirable, a stock route 1 chain wide across the sewerage reserve and through the adjoining land from the end of Makirikiri Road to Miller Street. 3: The Council may from time to time construct, erect, maintain, alter, or improve bridges, fences, and gates on or along the said stock route. 4: Any work which the Council is authorised by this section to undertake shall be deemed to be a public work within the meaning of the Local Bodies’ Loans Act 1926 Public Works Act 1928 5: The Council may make bylaws for any of the following purposes: a: prohibiting or controlling the passage of any vehicles along the said stock route: b: regulating, controlling, or prohibiting the driving of horses, cattle, pigs, or other animals along the said stock route. 6: Bylaws made under subsection (5) shall be made in the manner prescribed by Part 29 of the Municipal Corporations Act 1954, and the provisions of that Part shall apply to all such bylaws made by the Council. 7: Nothing in this section shall be deemed to constitute the said stock route as a public road. 28: Provision with respect to expenditure by Lawrence Borough Council on centennial celebrations 1: The action of the Lawrence Borough Council (in this section referred to as the Council Fund 2: The money in the Fund shall be expended by the Council for the purpose of celebrating in the year 1961 the centennial of the founding of Lawrence and the discovery of gold in Gabriels Gully, and any sum remaining in the Fund after all expenses lawfully incurred in connection with the said centennial have been met shall be transferred to the District Fund Account of the Council to the credit of the General Account. 29: Authorising Morrinsville Borough Council to transfer certain land to the St John Ambulance Association Trust Board Whereas the Mayor, Councillors, and Citizens of the Borough of Morrinsville (in this section referred to as the Corporation And whereas the Corporation is desirous of transferring the said land to the Commandery in New Zealand of the Order of St John Trust Board (in this section referred to as the Trust Board Be it therefore enacted as follows: 1: It shall be lawful for the Corporation to transfer the land described in subsection (2) by way of gift to the Trust Board upon such terms and conditions as the Corporation shall deem reasonable. 2: The land to which this section relates is more particularly described as follows: All that piece of land containing 22 perches and six-tenths of a perch, more or less, being Lot 1 on Deposited Plan Number 17371 and being portion of the Motumaoho Number Two Block and being also the whole of the land comprised and described in certificate of title, Volume 425, folio 266, Auckland Registry, subject to agreement as to fencing contained in transfer Number 50072. 30: Provision with respect to certain expenditure by Onehunga Borough Council in connection with official opening of War Memorial Swimming Pool The Onehunga Borough Council is hereby authorised and empowered to expend out of its General Account a sum not exceeding 400 pounds in connection with the official opening of the Onehunga War Memorial Swimming Pool, and any expenditure heretofore incurred or made by the said Council for that purpose is hereby validated and declared to have been lawfully incurred and made. 31: Changing purpose of certain land vested in Corporation of Borough of Otahuhu Whereas all that parcel of land containing 1 acre 6 perches and nine-tenths of a perch, more or less, situated in the Borough of Otahuhu, being Lot 2 and part of Lot 1 on a plan deposited in the Land Registry Office at Auckland as Number 22440, being part of Fairburn's Claim Number 269A, and being all the land comprised and described in certificate of title, Volume 854, folio 164, Auckland Registry, was by Proclamation published in the Gazette Corporation And whereas part of the said land is not required for the purpose of a town hall: And whereas the Corporation has had a plan prepared of the part of the said land not required for a town hall as aforesaid and the plan is lodged in the Land Registry Office at Auckland under Number 43269, approved as to survey, but not deposited: And whereas the Corporation is erecting municipal offices and Council chambers on Lot 1 on the said plan and is desirous of leasing Lots 2 to 7 inclusive on the said plan pursuant to section 152 of the Municipal Corporations Act 1954 and has sold by public tender, pursuant to section 153 of the said Act, the leases of the said lots: And whereas the Corporation is desirous of constituting Lot 8 on the said plan as a service lane and Lot 10 as a public street: Be it therefore enacted as follows: 1: The reservation for a town hall over the land described in subsection (4) is hereby cancelled and the said land is hereby declared to be vested in the Corporation for municipal purposes and the Corporation shall have in respect of the said land or any part or parts thereof or any building or buildings thereon the same powers of leasing as it enjoys in respect of the lands and buildings of the Corporation held under the Municipal Corporations Act 1954. 2: The sales by public tender of the leases of Lots 2 to 7 inclusive on the said plan Number 43269 are hereby validated, and the Corporation is hereby empowered to grant leases pursuant to the said sales. 3: The District Land Registrar for the Land Registration District of Auckland is hereby empowered and directed to make such entries in the registers as may be necessary to give full effect to the provisions of subsection (1), and he is hereby further empowered and directed to deposit the said plan Number 43269 on production to him of a resolution pursuant to subsection (4) of section 3 of the Public Works Amendment Act 1948 declaring Lot 8 on the said plan to be a service lane, and a special order pursuant to subsection (1) of section 189 of the Municipal Corporations Act 1954 constituting Lot 10 on the said plan as a street. 4: The land to which subsection (1) relates is more particularly described as follows: All that area containing 2 roods 39 perches and five-tenths of a perch, more or less, being Lots 1 to 8 inclusive and Lot 10 on a plan lodged in the Land Registry Office at Auckland as Number 43269, and being portion of Fairburn's Old Land Claim Number 269A and being part of the land comprised and described in certificate of title, Volume 854, folio 164, Auckland Registry. 32: Provision with respect to apportionment by Takapuna Borough Council of the remainder of the annual income of the borough Section 32 repealed 22 October 1959 Municipal Corporations Amendment Act 1959 33: Authorising Kaikohe Borough Council to sell certain land Whereas the Mayor, Councillors, and Citizens of the Borough of Kaikohe (in this section referred to as the Corporation And whereas the said land is no longer required for that purpose: And whereas it is expedient to empower the Kaikohe Borough Council (in this section referred to as the Council Be it therefore enacted as follows: 1: The Council may, without further authority than this section, sell the land described in subsection (4), or any part of that land, by public auction or public tender, and on the sale of any such land all trusts and reservations theretofore affecting the same shall be deemed to be cancelled. 2: The proceeds from the sale of the said land shall be applied by the Council towards the construction, improvement, or maintenance of the Kaikohe and District War Memorial. 3: The District Land Registrar for the Land Registration District of Auckland is hereby authorised and directed to accept such documents for registration and to do all such other things as may be necessary to give effect to this section. 4: The land to which this section relates is more particularly described as follows: All that area of land situated in Block XV of the Omapere Survey District containing by admeasurement 1 acre 19 perches and eight-tenths of a perch, more or less, being Lots 45, 46, and 47 on Deposited Plan Number 7981, and being the whole of the land comprised and described in certificate of title, Volume 318, folio 76, Auckland Registry. 34: Validating rates made and levied by Levin Borough Council for year ended 31 March 1956 Whereas on 18 July 1955 the Levin Borough Council (in this section referred to as the Council And whereas doubts have arisen as to the validity of the said resolution: And whereas it is desirable to validate the making and levying of the said rates: Be it therefore enacted as follows: 1: The rates made and levied by the Council for the year ended on 31 March 1956 are hereby validated and declared to have been lawfully made and levied: provided that the additional charge of 10% chargeable in respect of the said rates under the provisions of section 76 of the Rating Act 1925 shall not be added to any of the said rates remaining unpaid until the expiration of 6 months and 14 days from the date of the demand of the rates made and levied by the Council for the year ending on 31 March 1957: provided also that any such additional charge shall not be recoverable until the Council has publicly notified that the same shall be added. 2: Judgment for the amount of any of the said rates due may be given or signed at any time within 3 years after the passing of this Act. 35: Validating certain expenditure by Thames Borough Council The expenditure by the Thames Borough Council of the sum of 20 pounds 5 shillings and 3 pence in the purchase of a silver tea set and tray for presentation to the Mayor of the Borough of Thames in recognition of his having completed 25 years' service as Mayor of that borough is hereby validated and deemed to have been lawfully incurred. 36: Provision with respect to overdraft of Waihi Borough Council Whereas, following a financial adjustment made by the Governor-General pursuant to section 27 of the Municipal Corporations Act 1954 and dated 27 February 1956, the Waihi Borough Council (in this section referred to as the Council And whereas, in addition to the sum required to be paid under the financial adjustment, the Council agreed to pay to the said Ohinemuri County Council a further sum of 841 pounds 4 shillings and 3 pence being a share of the cost of construction of Queens Bridge: And whereas the said payments could not be provided for in the estimates of the Council for the year ended on 31 March 1956: And whereas to meet the said payments, the Council had, as at 31 March 1956, borrowed and owed money to its bankers on its general account in excess of the limits prescribed by the Local Bodies’ Finance Act 1921–22: And whereas it is desirable to make provision in manner hereinafter appearing: Be it therefore enacted as follows: 1: Notwithstanding anything to the contrary in the Local Bodies’ Finance Act 1921–22 or in any other Act, all money heretofore borrowed and owed by the Council on its General Account in excess of the limits prescribed by the said Act shall for all purposes be deemed to have been at all times lawfully borrowed and owed and incurred by the Council. 2: For the purpose of partially repaying the said money borrowed and owed in excess of the limits prescribed by the said Act, the Council is hereby authorised to borrow from its bankers by way of overdraft, in the manner prescribed by section 3 of the said Act, the sum of 1,500 pounds. 3: The Council shall repay the said sum of 1,500 pounds by 5 equal payments out of money credited to its General Account, one such payment to be made in each year during the period of 5 years commencing on 1 April 1956: provided that the Council may in any year repay out of the said General Account a sum greater than a fifth part. 4: The said sum of 1,500 pounds shall be carried to a separate account at the bank and all payments made in reduction of the said sum shall be credited to that account. 5: The said sum of 1,500 pounds shall not at any time hereafter be deemed to have been taken into account, nor shall any amount at any time lawfully owing under this section hereafter be taken into account, in determining the amount that may be borrowed or that may be owed by the Council pursuant to section 3 of the said Act. 37: Authorising levying of separate rate by Waihi Borough Council Whereas following a financial adjustment made by the Governor-General pursuant to section 27 of the Municipal Corporations Act 1954 and dated 27 February 1956 (in this section referred to as the adjustment Council And whereas it is desirable that the Council should be authorised to make and levy a separate rate for the purpose of meeting this payment: Be it therefore enacted as follows: The Council is hereby authorised and empowered, for the purpose of meeting the net annual payment due to the Ohinemuri County Council under the adjustment, to make and levy in each year during which any such payment is required to be made a separate rate not exceeding one and a quarter pence in the pound on the unimproved value on all rateable property in the Borough of Waihi, and any deficiency in the amount produced by the rate made and levied annually under this section may be met by the Council by transfer from its General Account. Catchment Boards 38: Further extending period during which classifications for rating purposes of certain lands in North Canterbury Catchment District shall continue in force Section 38 repealed 25 October 1957 section 39(2) Local Legislation Act 1957 39: Validating borrowing of certain loan money by South Canterbury Catchment Board Whereas by Order in Council made on 8 August 1956 consent was given to the borrowing by the South Canterbury Catchment Board (in this section referred to as the Board loan And whereas, contrary to the provisions of the Local Government Loans Board Act 1926 And whereas it is desirable that the action of the Board in borrowing the said sum of 1,200 pounds should be validated: Be it therefore enacted as follows: The action of the Board in borrowing the said sum of 1,200 pounds without first obtaining the consent of the Governor-General in Council is hereby validated, and the said money shall be deemed to have been lawfully borrowed. Electric Power Board 40: Validating variation of terms of raising certain loan money by Hawke's Bay Electric Power Board Whereas by Order in Council made on 1 June 1955 consent was given to the raising by the Hawke's Bay Electric Power Board (in this section referred to as the Board loan And whereas one of the conditions determined by the Local Government Loans Board in respect of the loan was that the loan should be repaid by 10 equal payments of 5,000 pounds each, one of those payments to be made at the end of every year commencing from the date on which the loan was raised, and by a payment at the end of the tenth year from the date of borrowing of the loan of an amount of 50,000 pounds: And whereas the Board has raised the loan on terms that it should be repaid by a payment of 5,000 pounds on 1 June 1956, 6,700 pounds on 1 June 1957, 3,300 pounds on 1 June 1958, 5,000 pounds on 1 June 1959, 5,000 pounds on 1 June 1960, 5,900 pounds on 1 June 1961, 6,200 pounds on 1 June 1962, 5,500 pounds on 1 June 1963, 3,400 pounds on 1 June 1964, and 54,000 pounds on 1 June 1965: And whereas it is desirable that the action of the Board in varying the authorised manner of repaying the loan should be validated: Be it therefore enacted as follows: The action of the Board in raising the loan otherwise than in accordance with the conditions determined by the Local Government Loans Board relating to the provisions for repayment thereof is hereby validated, and the sum of 100,000 pounds shall be deemed to have been lawfully borrowed. Affecting 2 or more classes of public bodies 41: Authorising Pleasant Point Public Library to transfer certain land to Levels County Council Whereas the Pleasant Point Public Library (in this section referred to as the library And whereas the library desires to transfer the said land to the Chairman, Councillors, and Inhabitants of the County of Levels (in this section referred to as the Corporation And whereas the library has no authority to sell or transfer the said land: Be it therefore enacted as follows: 1: The library is hereby authorised and empowered to transfer the said land to the Corporation as aforesaid, and the present secretary of the library is hereby authorised and empowered to execute such transfer for and on behalf of the library. 2: The District Land Registrar for the Land Registration District of Canterbury is hereby empowered and directed to make such entries in the register books and generally to do all such things as are necessary to give effect to the provisions of this section. 3: The land to which this section relates is more particularly described as follows: All that parcel of land situate in Block IV of the Pareora Survey District, containing by admeasurement 5 perches and six-tenths of a perch, more or less, being Part Lot 1 on Deposited Plan Number 1181, Part Rural Section 7410, and being all the land comprised and described in certificate of title, Volume 171, folio 278, Canterbury Registry. 42: Provision with respect to certain leases granted to Auckland City Corporation by Auckland Harbour Board Whereas by memorandum of agreement bearing date 20 May 1913, made between the Auckland Harbour Board (in this section referred to as the Board Corporation bath site market site And whereas by section 7 of the said Act (in this section referred to as the said section And whereas pursuant to the provisions of the said section the Board and the Corporation duly executed and registered in the Deeds Register Office at Auckland leases Numbers 237919 and 240196 of the bath site and the market site respectively: And whereas in erecting buildings on the market site in the year 1920 or thereabouts part of the buildings were erected on that part of the bath site described in subsection (7) (in this section referred to as the said land And whereas it is expedient that the said land should be excluded from the lease of the bath site and that the Board should have power to lease the said land to the Corporation for the purposes and upon the terms and conditions hereinafter appearing: And whereas the Corporation has from time to time granted subleases in respect of portions of the market site and the said land and the Board has consented to certain of the said subleases: And whereas doubts have arisen in respect of the validity of certain of those subleases and it is expedient that the subleases now current should be validated: And whereas it is no longer practicable for the market site to be used solely for the purposes of a public market and it is expedient that the same should be available for use for the purposes set out in subsection (4): And whereas it is provided in clause 9 of the said lease Number 240196 of the market site that on the granting of a renewal thereof in pursuance of the perpetual rights of renewal therein contained, the rental to be paid for a renewed term should be determined by valuation as therein provided and should be subject to a deduction of 25% of that valuation and it is desirable that on any renewal of the said lease Number 240196 and on the renewal of any lease of the said land granted in pursuance of this section there should be no deduction from the rental value determined as aforesaid: Be it therefore enacted as follows: 1: The Board and the Corporation are hereby authorised and empowered to surrender the said lease Number 237919 of the bath site in respect of the said land without otherwise varying the terms of the said lease Number 237919. 2: All subleases in respect of parts of the market site and the said land granted heretofore by the Corporation and all rights of way granted and reserved in connection therewith are hereby declared to have been valid and binding and of full force and effect according to their tenor. 3: Notwithstanding anything to the contrary contained in the said agreement or in the said section or in any Act, the Board is hereby authorised and empowered to grant to the Corporation a lease of the said land for the purposes set out in subsection (4) upon the same terms and conditions, as far as they are applicable, and with the necessary modifications, as are contained in the said lease Number 240196 of the market site as varied by subsection (4). 4: The aggregate annual rental for the market site, together with the said land, shall be the sum of 2,100 pounds as from 1 July 1954, and the purposes for which the market site and the said land may be leased and used shall be for public markets or commercial markets or a petrol and service station in conjunction with those markets and, on any renewal of the said lease Number 240196, and on any renewal of the lease of the said land granted pursuant to the provisions of subsection (3), no deduction shall be made from the rental value determined as aforesaid. 5: The Board and the Corporation are hereby authorised and empowered, at their discretion, to vary the said lease Number 240196 accordingly or to surrender the said lease Number 240196 in respect of any part thereof and to grant and accept respectively and execute a new lease of the land in respect of which the said lease has been surrendered together with the said land upon appropriate terms and conditions, and the Board and the Corporation are further authorised and empowered to execute all necessary documents and do all such other things as may be necessary for carrying into effect the provisions of this section. 6: The Corporation may, with the consent of the Board, grant subleases of any part of the market site and the said land for the purposes aforesaid or any of them. 7: The land to which this section relates is more particularly described as follows: All that area in the North Auckland Land District, situated in the City of Auckland, containing by admeasurement 22 perches and two-tenths of a perch, more or less, being part of land reclaimed from the sea, Auckland Harbour, and being part of the land described in certificate of title, Volume 970, folio 162, Auckland Registry: as the same is delineated on a plan lodged in the office of the Chief Surveyor, at Auckland, under number SO 39751, and thereon edged red. Miscellaneous 43: Provisions with respect to certain money borrowed by Owaka Rabbit Board Whereas the Owaka Rabbit Board (in this section referred to as the Board And whereas the action of the Board in borrowing the said sum of 1,700 pounds was contrary to the provisions of the Local Government Loans Board Act 1926 in that the consent of the Governor-General in Council to the said borrowing was not first obtained: And whereas the Local Government Loans Board has no authority to sanction the raising of a loan for the purpose of repaying the aforesaid overdraft of 1,700 pounds: And whereas it is desirable that authority be given for that purpose, and that the action of the Board in first borrowing the said sum of 1,700 pounds by way of overdraft should be validated: Be it therefore enacted as follows: The Board is hereby authorised and empowered to borrow by way of special loan under the Local Bodies’ Loans Act 1926 an amount not exceeding the sum of 1,700 pounds for the purpose of repaying that sum to its bankers, and the action of the Board in borrowing that sum from its bankers by way of overdraft without first obtaining the consent of the Governor-General in Council is hereby validated. 44: Amending term of office of members of Buller Milk Board Whereas by Warrant under subsection (3) of section 2 of the Milk Amendment Act 1947 and dated 6 December 1955 the present members of the Buller Milk Board, constituted by the Buller Milk Board Constitution Order 1948, were appointed for a term of 3 years from that date: And whereas it is deemed expedient to vary the term of office of these members: Be it therefore enacted as follows: Notwithstanding the provisions of section 2 of the Milk Amendment Act 1947 and of the said Warrant, the term of office of the present members of the Buller Milk Board shall expire on 28 February 1957. 45: Validating certain expenditure by Auckland Harbour Bridge Authority in connection with unveiling the foundation tablet of the Auckland Harbour Bridge The expenditure of the sum of 498 pounds 11 shillings and 10 pence by the Auckland Harbour Bridge Authority during the financial year ended on 31 March 1956 in connection with the function to mark the unveiling of the foundation tablet of the Auckland Harbour Bridge is hereby validated and declared to have been lawfully incurred. 46: Validating certain payment by Invercargill Fire Board in respect of a contract Whereas by an agreement dated 26 May 1954 made between Alan Spackman Eunson, of Invercargill, building contractor (in this section referred to as the contractor Board And whereas the contractor, in tendering for the said works, omitted to include in his price the cost of 12 tile slabs amounting to 336 pounds: And whereas the Board has paid the contractor in respect of the said tile slabs a sum of 336 pounds in addition to the amount agreed upon in the said agreement: Be it therefore enacted as follows: The payment by the Board to the contractor in respect of the said works of the sum of 336 pounds over and above the amount agreed upon in the said agreement is hereby validated and declared to have been lawfully made.

DLM294278

1956

Cook Islands Amendment Act 1956

1: Short Title This Act may be cited as the Cook Islands Amendment Act 1956, and shall be read together with and deemed part of the Cook Islands Act 1915 2: Section 2 repealed 1 April 1959 96(1) Cook Islands Amendment Act 1957 See clause 2(1) Cook Islands Amendment Act Commencement Order 1959 3: Section 3 repealed 1 January 1967 2(3) Cook Islands Amendment Act 1966 4: 5: 6: 7: 8: 9: Section 9 repealed 5 December 1962 Cook Islands Amendment Act 1962 10: Effect of orders on interests in Native land 1: This subsection inserted s 465A 2: This section shall be deemed to have come into force on the 27th day of October 1955 (being the date of the passing of the Adoption Act 1955 11: 12: Section 12 repealed 1 January 1967 2(3) Cook Islands Amendment Act 1966 13: 14: Rehearing of order made relating to Islet of Te-Au-O-Tu 1: Notwithstanding anything in subsection (1) Cook Islands Amendment Act 1946 2: Where on any such application the Native Appellate Court grants or directs a rehearing of any matter set forth in that petition, the provisions of subsections (2) to (8) Cook Islands Amendment Act 1946 subsection (1)

DLM394181

1996

Local Government Amendment Act (No 4) 1996

1: Short Title and commencement 1: This Act may be cited as the Local Government Amendment Act (No 4) 1996, and shall be read together with and deemed part of the Local Government Act 1974 2: This Act shall come into force on the day after the date on which this Act receives the Royal assent. 2: New Part 31 1: This subsection substituted Part 31 2: The Health Reforms (Transitional Provisions) Act 1993 Schedule 4 section 539(b) Local Government Act 1975 3: Residual powers of Auckland Regional Council 1: 2: The following enactments are hereby revoked: a: The Order in Council made on the 29th day of March 1976, which was published in the Gazette b: The Refuse Disposal Bylaw 1976 and any other bylaw made pursuant to the order specified in paragraph (a) Subsection (1) repealed 1 July 2003 266 Local Government Act 2002 4: Repeal Section 8 of the Local Government Amendment Act (No 2) 1992

DLM393724

1996

Student Loan Scheme Amendment Act 1996

1: Short Title This Act may be cited as the Student Loan Scheme Amendment Act 1996, and shall be read together with and deemed part of the Student Loan Scheme Act 1992 2: Interpretation This section inserted, as from 1 October 1996, the definition of Challenge 2 3: PAYE rules of Income Tax Act 1994 1: Section 25(2) sections 194 and 206 sections 143A(1)(d) and (e) and 143B(1)(d), and Part IX section 146 2: This section comes into force on the 1st day of April 1997. 4: Interest adjustment in respect of credit balances This section substituted, as from 1 October 1996, s 42(4) 5: Interest statement This section amended, as from 1 October 1996, s 42(2) 6: Late payment penalties This section substituted, as from 7 February 1996, section 44 7: No liability in respect of small amounts of penalty 1: Section 52 subsection (2) 3: This section applies only to borrowers' obligations under this Act. 2: This section comes into force on the 1st day of April 1997. 8: Relief from penalty 1: Section 53 subsection (3) 4: This section applies only to borrowers' obligations under this Act. 2: This section comes into force on the 1st day of April 1997. 9: Heading to Part 5 This section substituted, as from 1 October 1996, the heading to Part 5 10: Challenge to assessment of repayment obligation This section amended, as from 1 October 1996, s 64 11: Challenge to amount of interest charged This section amended, as from 1 October 1996, s 65 12: Challenge to penalty This section amended, as from 1 October 1996, s 66 13: Challenge to assessment of repayment deduction This section amended, as from 1 October 1996, s 67 14: Challenge to penal repayment obligation This section substituted, as from 1 October 1996, s 68 15: Disputant This section amended, as from 1 October 1996, s 69 16: New sections inserted This section inserted, as from 1 October 1996, ss 69A 69B 17: Repeal of sections 1: This subsection repealed ss 70 to 76 2: Notwithstanding subsection (1) sections 70 to 76 a: Issued by the Commissioner under the principal Act before the 1st day of October 1996; or b: Referred to in section 69A(2) section 16 3: The Commissioner may, with the written agreement of a person who has been assessed for a liability or obligation under the principal Act, specify that a notice of assessment or reassessment— a: Issued before the 1st day of October 1996, is to be treated as if it had been issued after that date (in which case the provisions of Parts 4A 8A Tax Administration Act 1994 b: Issued on or after the 1st day of October 1996, is to be treated as if it had been issued before that date (in which case the provisions of sections 70 to 76 4: This section comes into force on the 1st day of October 1996. 18: Offences in respect of repayment deductions 1: Section 77(1) a: By omitting the words every person commits every borrower commits b: By repealing paragraphs (a) (b) (c) c: By omitting from paragraph (d) , or wilfully fails to supply information to the Commissioner as required by section 24 of this Act d: By omitting from paragraph (e) or negligently fails to supply information to the Commissioner as required by section 24 of this Act 2: Section 77(2) (3) 3: This section applies with respect to the 1997-98 income year and subsequent years. 19: Penalties for offences in respect of repayment deductions 1: Section 78 a: By repealing subsection (1) b: By omitting from subsection (2) Every person who commits an offence against section 77(1)(a) or section 77(1)(c) or section 77(1)(d) of this Act Every borrower who commits an offence against section 77(1)(d) of this Act c: By omitting from subsection (3) Every person Every borrower 2: This section applies with respect to the 1997-98 income year and subsequent years. 20: Other offences 1: Section 79(1) a: By omitting from paragraph (a) Wilfully Being a borrower, wilfully b: By repealing paragraphs (b) (c) (d) c: By omitting from paragraph (e) any person any borrower 2: Section 79(3) a: By inserting at the beginning of paragraph (a) Being a borrower, b: By inserting at the beginning of paragraph (b) Being a borrower, c: By omitting from paragraph (b) own or any other person's d: By inserting at the beginning of paragraph (c) Being a borrower, obstructs e: By repealing paragraphs (d) (e) 3: This section applies with respect to the 1997-98 income year and subsequent years. 21: Officers and employees of corporate bodies 1: Section 80 2: This section applies with respect to the 1997-98 income year and subsequent years. 22: Penal charge for default in repaying repayment deduction 1: Section 86 2: This section applies with respect to the 1997-98 income year and subsequent years. 23: Application of repealed provisions of Tax Administration Act 1994 This section inserted, as from 1 October 1996, s 102

DLM373636

1996

Residential Tenancies Amendment Act 1996

1: Short Title and commencement 1: This Act may be cited as the Residential Tenancies Amendment Act 1996, and shall be read together with and deemed part of the Residential Tenancies Act 1986 2: Except as provided in sections 3 4 6 7 17 2: 1: This subsection inserted the definition of the term address for service s 2(1) 2: This subsection inserted the definition of the term contact address s 2(1) 3: This subsection amended the definition of the term Deputy Principal Tenancy Adjudicator s 2(1) 4: This subsection amended the definition of the term key money s 2(1) 5: This subsection repealed the definition of the term protected tenancy s 2(1) 6: This subsection amended the definition of the term Tenancy Mediator s 2(1) 3: Act excluded in certain cases 1: This subsection substituted s 5(b) 2: Section 5 paragraph (b) ba: Where the premises are let for a fixed-term tenancy of at least 5 years and the tenancy agreement expressly provides that this Act shall not apply: . 3: Subsection (2) 4: Long fixed-term tenancies 1: The principal Act is hereby amended by repealing section 6 2: Section 6 subsection (1) 3: This section shall come into force on the 1st day of December 1996. 5: 1: This subsection substituted s 12 s 12A 2: This subsection substituted s 44(4) 3: This subsection amended Schedule 2 Human Rights Act 1993 6: New sections relating to tenancy agreements substituted 1: The principal Act is hereby amended by repealing section 13 13: Form of tenancy agreement 1: Every tenancy agreement shall be in writing and signed by both the landlord and the tenant. 2: The landlord shall, before the tenancy commences, provide the tenant with a copy of the tenancy agreement. 13A: Contents of tenancy agreement 1: Every tenancy agreement shall include the following minimum information: a: The full name and contact address of the landlord; and b: The full name and contact address (where that is different from the address of the premises to which the agreement relates) of the tenant; and c: The address of the premises; and d: The date of the tenancy agreement; and e: The date of commencement of the tenancy (where that is different from the date of the tenancy agreement); and f: The landlord's address for service; and g: The tenant's address for service; and h: Whether the tenant is under the age of 18; and i: The amount of any bond; and j: The rent payable; and k: The frequency of the rent payments; and l: The place or bank account number where the rent is to be paid; and m: A statement (if applicable) that the tenant shall pay any fee or other charge for services rendered by any solicitor or real estate agent relating to the grant or assignment of the tenancy; and n: A statement (if applicable) that the tenant shall pay for any metered water provided to the premises; and o: A list of any chattels provided by the landlord; and p: If the tenancy is a fixed-term tenancy, the date on which the tenancy will terminate. 2: A Post Office box number or other similar postal address shall not be a sufficient address for the purposes of subsection (1) of this section 13B: Variations and renewals of tenancy agreements 1: Every variation of a tenancy agreement, and every renewal of a tenancy agreement, shall be in writing and signed by both the landlord and the tenant. 2: The landlord shall, before the date on which the variation or renewal of the tenancy is to take effect, provide the tenant with a copy of the variation or renewal. 13C: Tenancy agreements not unenforceable on grounds not in writing Notwithstanding anything to the contrary in any other enactment, no tenancy agreement, or variation or renewal of a tenancy agreement, shall be unenforceable on the grounds that it is not in writing. 13D: Exceptions to requirements relating to tenancy agreements Sections 13 to 13B of this Act a: A tenancy at will created on or immediately after the determination or expiry of a tenancy: b: A tenancy agreement that was in force immediately before the date of commencement of this Act: c: Any variation of a tenancy agreement made by, or at the direction of, the Tribunal. 2: Section 13 subsection (1) 3: Sections 13 to 13D subsection (1) 4: This section shall come into force on the 1st day of December 1996. 7: New sections relating to notification of new particulars 1: The principal Act is hereby amended by repealing sections 15 16 15: Notification of successor to landlord or tenant 1: Where, during the term of any tenancy, the landlord's or tenant's interest passes to some other person, that other person shall, within 10 working days thereafter, cause the other party to the tenancy to be notified of— a: The full name and contact address of that person; and b: An address for service, being the address at which notices and other documents relating to the tenancy will be accepted by or on behalf of the person. 2: A Post Office box number or other similar postal address shall not be a sufficient address for the purposes of subsection (1) of this section 16: Change of name or address 1: Where the name and contact address, or address for service, of any person has been notified to the other party to the tenancy in accordance with this Act and that name or address subsequently changes (otherwise than in circumstances to which section 15 of this Act 2: A Post Office box number or other similar postal address shall not be a sufficient address for the purposes of subsection (1) of this section 2: Sections 15 16 subsection (1) 3: Sections 15 16 subsection (1) 4: This section shall come into force on the 1st day of December 1996. 8: Duties of landlord on receipt of bond 1: This subsection substituted s 19(1)(b) 2: Section 3 Residential Tenancies Amendment Act 1992 9: This section substituted s 21(2) 10: 1: This subsection inserted s 21A 2: This subsection amended ss 57(3)(b) 58(1)(b) 11: This section substituted s 22(6) s 22(6A) (6B) s 22(7) to (9) 12: This section substituted s 24 13: This section substituted s 29(4)(b) 14: This section substituted s 30(1) 15: This section substituted s 33 16: This section repealed ss 34 35 17: Outgoings 1: The principal Act is hereby amended by repealing section 39 39: 1: Subject to subsection (2) of this section 2: Subject to subsection (3) of this section a: All charges for electricity or gas supplied to the premises: b: Water charges in respect of the premises (including the cost of charges for standard meter readings) if— i: The premises have a separate water meter; and ii: The tenancy agreement stated, at the commencement of the tenancy, that the tenant shall pay for any metered water provided to the premises; and iii: The water supplier charges for water provided to the premises on the basis of metered usage: c: All charges in respect of any telephone connected to the premises. 3: Subsection (2) of this section 4: In this section standard meter readings 5: In this section premises 2: Section 39 subsection (1) 3: Section 39 subsection (1) 4: This section shall come into force on the 1st day of December 1996. 18: This subsection inserted s 40(1)(e)(iv) (v) 19: This section amended s 43 20: This section inserted s 47(2) 21: This section amended s 48 22: This section amended s 55 23: This section inserted s 56(2) 24: Abandoned goods 1: This subsection amended s 62 2: This subsection amended s 62 3: This subsection amended s 62 4: Section 5(2) Residential Tenancies Amendment Act 1992 25: This section substituted s 64(4) 26: This section repealed s 66 27: This section inserted s 66 28: This section amended s 67 29: This section substituted s 68(5) 30: This section amended s 75(3) 31: This section amended s 76 32: This section inserted s 78(2A) (2B) 33: This section substituted s 83(2) 34: This section amended s 87(1) (2) 35: This section inserted s 90(2)(e) 36: 1: This subsection amended s 92 2: This subsection amended s 91(2)(d) 37: This section inserted s 93(7) 38: This subsection substituted s 94(3) 39: This section inserted s 98A 40: Tenancy Mediator or Tribunal may require valuer's report in certain proceedings 1: This subsection substituted s 100 2: Section 7 Residential Tenancies Amendment Act 1992 41: This section amended s 102 42: This section substituted s 107(2) 43: This section amended s 109 44: This section substituted s 112 45: This section substituted s 117(2)(b) s 117(2)(c) 46: This section amended s 124 47: This section substituted s 126(2) 48: This section inserted s 128 49: 1: This subsection inserted s 134A 2: This subsection inserted s 140(1)(da) 50: This section amended s 136 51: This section amended s 141 52: This section amended Schedule 1

DLM381221

1996

Hazardous Substances and New Organisms Act 1996

1: Short Title and commencement 1: This Act may be cited as the Hazardous Substances and New Organisms Act 1996. 2: This Act shall come into force on a date to be fixed by the Governor-General by Order in Council; and 1 or more Orders in Council may be made fixing different dates for different provisions and for different purposes. 3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 1(2) brought into force 8 August 1996 clause 2 Hazardous Substances and New Organisms Act Commencement Order 1996 Section 1(2) brought into force 29 July 1998 clause 2 clause 2 Hazardous Substances and New Organisms Act (New Organisms) Commencement Order 1998 Section 1(2) brought into force 30 December 1999 clause 2 clause 2 Hazardous Substances and New Organisms Act (Commencement of Section 152) Order 1999 Section 1(2) brought into force 2 July 2001 clause 2 clause 2 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 Section 1(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 1: Preliminary 2: Interpretation 1: In this Act, unless the context otherwise requires,— advertisement to advertise aircraft section 2 amenity values approved form section 11(1)(fa) Authority EPA section 7 bioaccumulation building section 7 by-product carrier classification control code of practice section 78 compound conditional release approval section 38BA 38C conditionally released new organism containment containment facility a: in relation to new organisms (other than genetically modified organisms), a facility registered as a containment facility under the Biosecurity Act 1993 b: in relation to genetically modified organisms, a facility which complies with the controls imposed by an approval granted under any of sections 42 42A 42B 45 containment structure content control a: specifies the allowable limits for the content of any— i: substance contained in any substance or product; or ii: element or compound that makes up any substance contained in any substance or product; or b: specifies the allowable limits for the properties of any substance or product; or c: prohibits the presence of any— i: substance contained in any substance or product; or ii: element or compound that makes up any substance contained in any substance or product controller controls regulations, rules, EPA notices, codes, or other instruments or documents craft Crown entity a: has the same meaning as in section 7(1) b: includes an organisation named or described in Schedule 4 , or a company named in Schedule 4A Customs officer a Customs officer appointed under the Customs and Excise Act 2018 Customs place section 5(1) department section 5 develop a: in relation to organisms other than incidentally imported new organisms,— i: means— A: genetic modification of an organism: B: regeneration of a new organism from biological material of the organism that cannot, without human intervention, be used to reproduce the organism: C: fermentation of a micro-organism that is a new organism; but ii: does not include field testing; and b: in relation to incidentally imported new organisms,— i: means— A: the activities referred to in paragraph (a)(i); and B: the deliberate isolation, aggregation, multiplication, or other use of the organism; but ii: does not include field testing disposal a: in relation to a hazardous substance,— i: treating the substance in such a way that it is no longer a hazardous substance; or ii: discharging the substance into the environment as waste; or iii: exporting the substance as waste from New Zealand: b: in relation to a new organism,— i: rendering the organism biologically inactive in such a manner as to prevent the occurrence of any future biological activity; or ii: exporting the organism from New Zealand distribution system section 2 document section 4(1) ecotoxic ecotoxic control effect a: any potential or probable effect; and b: any positive or adverse effect; and c: any temporary or permanent effect; and d: any past, present, or future effects; and e: any acute or chronic effect; and f: any cumulative effect which arises over time or in combination with other effects enforcement officer section 98 section 99(3) environment a: ecosystems and their constituent parts, including people and communities; and b: all natural and physical resources; and c: amenity values; and d: the social, economic, aesthetic, and cultural conditions which affect the matters stated in paragraphs (a) to (c) or which are affected by those matters environmental medium a: in relation to class 6 substances, means— i: air, water, and soil; or ii: a surface that a hazardous substance may be deposited onto: b: in relation to class 9 substances, means water, soil, or sediment where these are in the natural environment, or a surface that a hazardous substance may be deposited onto environmental user charge environmentally sound disposal Gazette EPA control a: means any control imposed by the Authority under this Act for the purpose of controlling the adverse effects of hazardous substances on people or on the environment; and b: includes, but is not limited to, classification controls, content controls, disposal controls, and ecotoxic controls EPA notice Gazette Part 6 section 76C section 76E explosive a: deflagration; or b: pyrotechnic effects,— and explosion exportation section 5(1) to export exposure limit or a tolerable exposure limit section 77B(6) field test firework gas appliance section 2 gas installation section 2 gases under pressure a: a compressed gas; or b: a liquefied gas; or c: a refrigerated liquefied gas; or d: a dissolved gas genetic element a: heritable material; and b: any genes, nucleic acids, or other molecules from the organism that can, without human intervention, replicate in a biological system and transfer a character or trait to another organism or to subsequent generations of the organism genetically modified organism a: have been modified by in vitro b: are inherited or otherwise derived, through any number of replications, from any genes or other genetic material which has been modified by in vitro hazard classification section 74 hazardous substance or an EPA notice a: with 1 or more of the following intrinsic properties: i: explosiveness: ii: flammability: iii: a capacity to oxidise: iv: corrosiveness: v: toxicity (including chronic toxicity): vi: ecotoxicity, with or without bioaccumulation; or b: which on contact with air or water (other than air or water where the temperature or pressure has been artificially increased or decreased) generates a substance with any 1 or more of the properties specified in paragraph (a) heritable material host organism human cells a: means human cells, human cell lines, or human tissues that are being grown or maintained outside the human body; and b: includes human reproductive cells or human embryonic cells that are being grown or maintained outside the human body identification a: clearly identifies the chemical or biological nature of the substance or organism: b: specifies the nature and degree or type of hazard intrinsic to the substance or organism: c: describes precautions to be taken by persons managing hazardous substances to avoid injury to people or environmental damage: d: directly or indirectly aids in managing any hazardous effect of a hazardous substance: e: identifies and specifies the means of contacting any person knowledgeable in the management of the substance import section 2(1) importation section 5(1) to import incidentally imported new organism a: an essential or constituent part of those goods: b: imported in or on the goods with the intention of concealing the presence of the new organism: c: a genetically modified organism innovative medicine application section 23A innovative TNP application a: has the meaning given to it in section 72(1) b: includes an innovative agricultural compound application (as defined in section 72 Agricultural Compounds and Veterinary Medicines Amendment Act 2016 inseparable organism international regulator section 76E intrinsic values a: their biological and genetic diversity; and b: the essential characteristics that determine an ecosystem's integrity, form, functioning, and resilience laboratory life cycle light rail vehicle section 4(1) local authority manufacture member Minister motor vehicle section 2(1) the Land Transport Act 1998 natural and physical resources section 2(1) new organism section 2A organism a: does not include a human being: ab: includes a human cell: b: includes a micro-organism: c: includes a genetic structure, other than a human cell d: includes an entity (other than a human being) declared to be an organism for the purposes of the Biosecurity Act 1993 e: includes a reproductive cell or developmental stage of an organism persistent organic pollutant a: means a substance listed in Schedule 2A b: includes a substance containing 1 or more of those substances; and ba: includes a manufactured article containing 1 or more of those substances; but c: does not include a substance occurring in quantities as unintentional trace contaminants in products and articles person premises prescribed or an EPA notice issued public health section 4 public notice a: a notice published on an Internet site maintained by or on behalf of the Authority; or b: a notice published in 1 or more daily newspapers circulating in the main metropolitan areas, together with any other public notice (if any) that the Authority or Minister (as applicable) thinks fit qualifying medicine section 3 a: is or contains a new organism; and b: meets the criteria set out in section 38I(3) qualifying organism qualifying veterinary medicine section 2(1) a: is or contains a new organism; and b: meets the criteria set out in section 38I(3) rail vehicle section 4(1) railway line section 4(1) regional council Local Government Act 2002 regulations related chemicals or substances release Biosecurity Act 1993 Conservation Act 1987 research and development responsible chief executive Medicines Act 1981 Agricultural Compounds and Veterinary Medicines Act 1997 risk species section 140 road section 2(1) the Land Transport Act 1998 serious environmental damage section 140 ship section 2(1) Stockholm Convention a: means the Convention on Persistent Organic Pollutants done at Stockholm on 23 May 2001 and the Annexes to the Convention, a copy of the English text of which is set out in Schedule 1AA b: includes any amendments to, or substitutions of, the Convention or the Annexes that are, or will become, binding on New Zealand substance a: any element, defined mixture of elements, compounds, or defined mixture of compounds, either naturally occurring or produced synthetically, or any mixtures thereof: b: any isotope, allotrope, isomer, congener, radical, or ion of an element or compound which has been declared by the Authority, by notice in the Gazette c: any mixtures or combinations of any of the above: d: any manufactured article containing, incorporating, or including any hazardous substance with explosive properties taxonomic classification territorial authority Local Government Act 2002 toxic transferable permit transferable permit scheme section 87 transhipment Treaty of Waitangi (Te Tiriti o Waitangi) section 2 weapons system working day a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and ab: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and b: a day in the period commencing on 20 December in any year and ending with 15 January in the following year workplace section 20 Health and Safety at Work Act 2015 WorkSafe section 5 2: For the purposes of paragraph (a) of the definition of the term substance in section 2(1) Section 2(1) aerodrome repealed 20 April 2010 section 4(1) Hazardous Substances and New Organisms Amendment Act 2010 Section 2(1) approved form inserted 31 December 2000 section 3(1) Hazardous Substances and New Organisms Amendment Act 2000 Section 2(1) approved form amended 1 July 2011 section 12 Hazardous Substances and New Organisms Amendment Act 2011 Section 2(1) Authority EPA substituted 1 July 2011 section 4 Hazardous Substances and New Organisms Amendment Act 2011 Section 2(1) building amended 31 March 2005 section 415(1) Building Act 2004 Section 2(1) classification control inserted 1 December 2017 section 4(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) conditional release approval substituted 20 April 2010 section 4(2) Hazardous Substances and New Organisms Amendment Act 2010 Section 2(1) conditionally released new organism inserted 30 October 2003 section 4(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 2(1) container repealed 1 December 2017 section 4(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) containment facility amended 30 October 2003 section 4(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 2(1) containment structure inserted 28 May 2002 section 5 Hazardous Substances and New Organisms (Genetically Modified Organisms) Amendment Act 2002 Section 2(1) content control inserted 1 December 2017 section 4(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) controls amended 1 December 2017 section 4(3) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) Crown entity inserted 25 January 2005 section 37(1) Public Finance Amendment Act 2004 Section 2(1) Crown entity amended 18 July 2013 section 57 Public Finance Amendment Act 2013 Section 2(1) Customs officer amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 2(1) Customs officer amended 1 October 1996 section 294(2) Customs and Excise Act 1996 Section 2(1) Customs place inserted 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 2(1) department inserted 9 April 2008 section 4(2) Hazardous Substances and New Organisms Amendment Act 2008 Section 2(1) department amended 7 August 2020 section 135 Public Service Act 2020 Section 2(1) develop substituted 9 April 2008 section 4(1) Hazardous Substances and New Organisms Amendment Act 2008 Section 2(1) document inserted 1 December 2017 section 4(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) ecotoxic control inserted 1 December 2017 section 4(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) environmental medium inserted 22 December 2005 section 3(1) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 2(1) environmentally sound disposal inserted 23 December 2004 section 4 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Section 2(1) EPA control inserted 1 December 2017 section 4(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) EPA notice replaced 1 November 2022 section 12(1) Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 2(1) exportation amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 2(1) exposure limit inserted 22 December 2005 section 3(1) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 2(1) exposure limit amended 1 December 2017 section 4(4) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) field test amended 30 October 2003 section 4(4) Hazardous Substances and New Organisms Amendment Act 2003 Section 2(1) gases under pressure inserted 1 December 2017 section 4(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) genetic element inserted 28 May 2002 section 5 Hazardous Substances and New Organisms (Genetically Modified Organisms) Amendment Act 2002 Section 2(1) hazardous substance amended 1 December 2017 section 4(5) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) heritable material inserted 28 May 2002 section 5 Hazardous Substances and New Organisms (Genetically Modified Organisms) Amendment Act 2002 Section 2(1) host organism inserted 30 October 2003 section 4(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 2(1) human cells inserted 30 October 2003 section 4(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 2(1) importation amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 2(1) incidentally imported new organism inserted 9 April 2008 section 4(2) Hazardous Substances and New Organisms Amendment Act 2008 Section 2(1) innovative medicine application inserted 8 November 2016 section 11 Agricultural Compounds and Veterinary Medicines Amendment Act 2016 Section 2(1) innovative TNP application inserted 8 November 2016 section 11 Agricultural Compounds and Veterinary Medicines Amendment Act 2016 Section 2(1) international regulator inserted 1 November 2022 section 12(2) Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 2(1) laboratory inserted 31 December 2000 section 3(1) Hazardous Substances and New Organisms Amendment Act 2000 Section 2(1) landfill repealed 1 December 2017 section 4(6) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) light rail vehicle inserted 20 July 2005 section 103(3) Railways Act 2005 Section 2(1) local authority inserted 22 December 2005 section 3(1) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 2(1) motor vehicle amended 1 March 1999 section 215(1) Land Transport Act 1998 Section 2(1) new organism substituted 7 May 1999 section 2(1) Hazardous Substances and New Organisms Amendment Act 1999 Section 2(1) organism substituted 30 October 2003 section 4(5) Hazardous Substances and New Organisms Amendment Act 2003 Section 2(1) organism inserted 30 October 2003 section 4(5) Hazardous Substances and New Organisms Amendment Act 2003 Section 2(1) organism amended 30 October 2003 section 4(6) Hazardous Substances and New Organisms Amendment Act 2003 Section 2(1) persistent organic pollutant inserted 23 December 2004 section 4 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Section 2(1) persistent organic pollutant amended 5 September 2015 section 4(7) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) persistent organic pollutant inserted 5 September 2015 section 4(8) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) place of work repealed 1 December 2017 section 4(9) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) port of entry repealed 1 December 2017 section 4(9) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) premises substituted 31 December 2000 section 3(2) Hazardous Substances and New Organisms Amendment Act 2000 Section 2(1) prescribed inserted 30 October 2003 section 4(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 2(1) prescribed amended 5 September 2015 section 4(10) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) public health substituted 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 2(1) public health amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2(1) public notice replaced 5 September 2015 section 4(11) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) qualifying medicine inserted 30 October 2003 section 4(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 2(1) qualifying organism inserted 30 October 2003 section 4(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 2(1) qualifying veterinary medicine inserted 30 October 2003 section 4(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 2(1) rail service vehicle light rail vehicle repealed 20 July 2005 section 103(3) Railways Act 2005 Section 2(1) rail vehicle inserted 20 July 2005 section 103(3) Railways Act 2005 Section 2(1) railway line amended 20 July 2005 section 103(3) Railways Act 2005 Section 2(1) regional council inserted 22 December 2005 section 3(1) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 2(1) related chemicals or substances inserted 1 November 2022 section 12(2) Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 2(1) research and development substituted 22 December 2005 section 3(2) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 2(1) responsible chief executive inserted 30 October 2003 section 4(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 2(1) road amended 1 March 1999 section 215(1) Land Transport Act 1998 Section 2(1) serious harm repealed 1 December 2017 section 4(12) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) stationary container repealed 1 December 2017 section 4(13) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) Stockholm Convention inserted 23 December 2004 section 4 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Section 2(1) taxonomic classification inserted 30 October 2003 section 4(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 2(1) territorial authority substituted 1 July 2003 section 262 Local Government Act 2002 Section 2(1) test certificate repealed 1 December 2017 section 4(14) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) tracking system repealed 1 December 2017 section 4(15) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 2(1) working day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 2(1) workplace inserted 1 December 2017 section 4(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) WorkSafe inserted 16 December 2013 section 22 WorkSafe New Zealand Act 2013 2A: Meaning of term new organism 1: A new organism a: an organism belonging to a species that was not present in New Zealand immediately before 29 July 1998: b: an organism belonging to a species, subspecies, infrasubspecies, variety, strain, or cultivar prescribed as a risk species, where that organism was not present in New Zealand at the time of promulgation of the relevant regulation: c: an organism for which a containment approval has been given under this Act: ca: an organism for which a conditional release approval has been given: cb: a qualifying organism approved for release with controls: d: a genetically modified organism: e: an organism that belongs to a species, subspecies, infrasubspecies, variety, strain, or cultivar that has been eradicated from New Zealand. 2: An organism is not a new organism if— a: the organism is not a genetically modified organism and— i: an approval is granted under section 35 38 ii: the organism is a qualifying organism and an approval has been granted under section 38I iii: an organism of the same taxonomic classification has been prescribed as not a new organism; or b: the organism is a genetically modified organism and— i: an approval is granted under section 38 ii: the organism is a qualifying organism and an approval has been granted under section 38I iii: an organism of the same taxonomic classification with the same genetic modification has been prescribed as not a new organism; or c: the new organism was deemed to be a new organism under section 255 Zoological Gardens Regulations 1977 2A: A new organism does not cease to be a new organism because— a: it is subject to a conditional release approval; or b: it is a qualifying organism approved for release with controls ; or c: it is an incidentally imported new organism. 3: Despite the provisions of this section, an organism present in New Zealand before 29 July 1998 in contravention of the Animals Act 1967 or the Plants Act 1970 4: Subsection (3) does not apply to the organism known as rabbit haemorrhagic disease virus, or rabbit calicivirus. Section 2A inserted 7 May 1999 section 3 Hazardous Substances and New Organisms Amendment Act 1999 Section 2A(1)(ca) inserted 30 October 2003 section 5(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 2A(1)(cb) inserted 30 October 2003 section 5(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 2A(2) substituted 30 October 2003 section 5(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 2A(2)(a)(i) amended 20 April 2010 section 5 Hazardous Substances and New Organisms Amendment Act 2010 Section 2A(2A) inserted 30 October 2003 section 5(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 2A(2A)(b) amended 9 April 2008 section 5(1) Hazardous Substances and New Organisms Amendment Act 2008 Section 2A(2A)(c) added 9 April 2008 section 5(2) Hazardous Substances and New Organisms Amendment Act 2008 3: Act to bind the Crown 1: Except as provided in subsections (2) to (8), this Act shall bind the Crown. 2: Subject to subsections (3) to (8), this Act shall not apply to any hazardous substance controlled by the Minister of Defence. 3: The Chief of Defence Force shall develop codes of practice for EPA controls for 4: The codes of practice developed under subsection (3)— a: must— i: be based on the relevant EPA controls section 96E section 160A ii: meet the relevant requirements prescribed by EPA notices issued section 75 b: may incorporate or adapt any relevant international code of practice. 5: The Chief of Defence Force— a: must ensure that methods of controlling all hazardous substances not contained in any weapons system and controlled by the Minister of Defence— i: are based on the relevant EPA controls section 96E section 160A ii: meet the relevant requirements prescribed by EPA notices issued section 75 b: may comply with the relevant requirements in paragraph (a) by following the relevant code of practice approved under section 79 6: The Secretary of Defence shall audit the EPA controls section 24(2)(e) 7: Any person may report to the Authority a breach of the requirements required to be met by any regulations or EPA notices 8: Where an incident occurs which involves any breach of an EPA control relating to a Armed Forces Discipline Act 1971 the Minister of the Crown who is responsible for the Ministry of Justice 9: To assist the Judge, the Authority may appoint 2 or more people with skills or knowledge relevant to the subject matter of the inquiry. 10: The Judge may hold the inquiry at any times and places the Judge appoints, and shall report on the cause of the incident to the Authority. 11: The Judge has all the powers of a Commission of Inquiry under the Commissions of Inquiry Act 1908 Section 3(3) amended 1 December 2017 section 5(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 3(4) substituted 22 December 2005 section 4 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 3(4)(a)(i) amended 1 December 2017 section 5(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 3(4)(a)(ii) amended 1 December 2017 section 5(3) Hazardous Substances and New Organisms Amendment Act 2015 Section 3(5) substituted 22 December 2005 section 4 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 3(5)(a)(i) amended 1 December 2017 section 5(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 3(5)(a)(ii) amended 1 December 2017 section 5(3) Hazardous Substances and New Organisms Amendment Act 2015 Section 3(6) amended 1 December 2017 section 5(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 3(7) amended 1 December 2017 section 5(4) Hazardous Substances and New Organisms Amendment Act 2015 Section 3(8) amended 1 December 2017 section 5(5) Hazardous Substances and New Organisms Amendment Act 2015 Section 3(8) amended 1 October 2003 section 12(2) State Sector Amendment Act 2003 3A: Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 7 Section 3A replaced 1 November 2022 section 13 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 2: Purpose of Act 4: Purpose of Act The purpose of this Act is to protect the environment, and the health and safety of people and communities, by preventing or managing the adverse effects of hazardous substances and new organisms. 5: Principles relevant to purpose of Act All persons exercising functions, powers, and duties under this Act shall, to achieve the purpose of this Act, recognise and provide for the following principles: a: the safeguarding of the life-supporting capacity of air, water, soil, and ecosystems: b: the maintenance and enhancement of the capacity of people and communities to provide for their own economic, social, and cultural well-being and for the reasonably foreseeable needs of future generations. 6: Matters relevant to purpose of Act All persons exercising functions, powers, and duties under this Act shall, to achieve the purpose of this Act, take into account the following matters: a: the sustainability of all native and valued introduced flora and fauna: b: the intrinsic value of ecosystems: c: public health: d: the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, valued flora and fauna, and other taonga: e: the economic and related benefits and costs of using a particular hazardous substance or new organism: f: New Zealand's international obligations. Section 6(e) substituted 30 October 2003 section 6 Hazardous Substances and New Organisms Amendment Act 2003 7: Precautionary approach All persons exercising functions, powers, and duties under this Act including, but not limited to, functions, powers, and duties under sections 28A 29 32 38 45 48 Section 7 amended 31 December 2000 section 4 Hazardous Substances and New Organisms Amendment Act 2000 8: Treaty of Waitangi All persons exercising powers and functions under this Act shall take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi) 9: Methodology to be used 1: The Governor-General may from time to time, by Order in Council, establish a methodology (which includes an assessment of monetary and non-monetary costs and benefits) for making decisions under Part 5 2: Before making any recommendation for the purpose of making any Order in Council under subsection (1), the Minister shall request the Authority to— a: develop a proposed methodology; and b: establish a process that the Minister considers gives the public adequate time and opportunity to make submissions on the proposed methodology to the Authority; and c: advise the Minister of any submissions received, and any comments the Authority wishes to make on the submissions, or the proposed methodology,— and the Minister shall have regard to those submissions and comments. 3: A failure to comply with subsection (2) shall not affect the validity of any Order in Council made under subsection (1). 4: Notwithstanding section 59 Part 5 5: No decision of the Authority under Part 5 6: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 9(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 3: Powers, functions, and duties 10: Powers, functions, and duties of Minister 1: The Minister may— a: b: c: decide any application made under sections 68 to 73 d: carry out any powers, functions, and duties conferred on the Minister by or under this Act. 2: Subsection (1)(c) and (d) apply despite section 113 3: This section does not limit section 27 Section 10(1)(a) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 10(1)(b) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 10(1)(c) amended 7 May 1999 section 15(a) Hazardous Substances and New Organisms Amendment Act 1999 Section 10(2) added 25 January 2005 section 200 Crown Entities Act 2004 Section 10(3) added 25 January 2005 section 200 Crown Entities Act 2004 11: Powers, functions, and duties of Authority 1: The Authority may— a: advise the Minister on any matter relating to the purpose of this Act, including, but not limited to,— i: the extent to which persons are complying with the provisions of this Act: ii: inconsistencies or conflicts between any controls placed on hazardous substances and new organisms under this Act and any controls placed on any hazardous substance and new organisms under any other Act: iii: the consideration and investigation of the use of environmental user charges in accordance with section 96 b: monitor and review— i: the extent to which the Act reduces adverse effects on the environment or people from hazardous substances or new organisms: ii: the enforcement of this Act including, but not limited to, the exercise of any power under section 103 or 103A ba: carry out its enforcement functions under this Act: bb: issue certificates in accordance with section 82 section 82C c: promote awareness of the adverse effects of hazardous substances and new organisms on people or the environment and awareness of the prevention or safe management of those effects: d: contribute to and co-operate with international forums and carry out international requirements as directed by the Minister: e: enquire into any incident or emergency involving a hazardous substance or a new organism: f: keep such registers relating to hazardous substances and new organisms as may be required by this Act or as may be necessary to administer this Act: fa: approve forms for applications under Part 5 fb: give directions as to the disposal of persistent organic pollutants: fc: approve standards for containment facilities: g: carry out any powers, functions, and duties conferred on it by or under this Act 2: The Authority must, before exercising the function specified in subsection (1)(fc) 2A: In carrying out its powers, functions, and duties conferred on it by or under this Act that relate to hazardous substances, the Authority must foster a co-operative and consultative relationship with WorkSafe. 3: This section does not limit section 17 Section 11(1)(b)(ii) amended 1 November 2022 section 14 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 11(1)(ba) inserted 1 December 2017 section 7(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 11(1)(bb) inserted 1 December 2017 section 7(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 11(1)(fa) inserted 31 December 2000 section 5 Hazardous Substances and New Organisms Amendment Act 2000 Section 11(1)(fb) inserted 23 December 2004 section 5 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Section 11(1)(fc) inserted, as section 11(1)(fb) 30 October 2003 section 7(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 11(1)(fc) substituted 20 September 2007 section 4(1) Hazardous Substances and New Organisms Amendment Act 2007 Section 11(1)(g) amended 1 July 2011 section 5 Hazardous Substances and New Organisms Amendment Act 2011 Section 11(2) added 30 October 2003 section 7(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 11(2) amended 20 April 2010 section 6 Hazardous Substances and New Organisms Amendment Act 2010 Section 11(2A) inserted 1 December 2017 section 7(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 11(3) added, as section 11(2) 25 January 2005 section 200 Crown Entities Act 2004 Section 11(3) substituted 20 September 2007 section 4(2) Hazardous Substances and New Organisms Amendment Act 2007 12: Powers, functions, and duties of enforcement officers Any enforcement officer may, in relation to the powers, functions, and duties specified in the enforcement officer's warrant of appointment,— a: give advice and information on the provisions of this Act: b: promote and monitor compliance with the provisions of this Act: c: provide information to the Authority if requested to do so by the Authority: d: carry out any powers, functions, and duties conferred on enforcement officers by or under this Act. 13: General duty 1: Every person who imports, possesses, or uses a hazardous substance or new organism shall ensure that— a: any adverse effect caused by an act or omission of that person in relation to that substance or organism on any other person or the environment is avoided, remedied, or mitigated; and b: no action or omission by that person will contravene any requirement or control on that substance or organism imposed by this Act. 2: The duty imposed in accordance with subsection (1) is not of itself enforceable against any person, and no person is liable to any other person for a breach of that duty. 3: Notwithstanding subsection (2), a compliance order may be served on any person requiring that person to cease or prohibiting that person from commencing anything done or to be done by or on behalf of that person that in the opinion of the enforcement officer relates to any hazardous substance or new organism and is or is likely to be dangerous to such an extent that it has or is likely to have an adverse effect on the health and safety of people or the environment. 4: Administrative provisions Part 4 heading substituted 1 July 2011 section 6 Hazardous Substances and New Organisms Amendment Act 2011 14: Establishment of Authority Section 14 repealed 1 July 2011 section 7 Hazardous Substances and New Organisms Amendment Act 2011 15: Membership of Authority Section 15 repealed 1 July 2011 section 7 Hazardous Substances and New Organisms Amendment Act 2011 16: Eligibility for appointment as member of Authority Section 16 repealed 1 July 2011 section 7 Hazardous Substances and New Organisms Amendment Act 2011 17: Restriction on Ministerial direction The Minister may not give a direction under section 103 Part 5 or Part 6A Section 17 substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 17 amended 1 July 2011 section 12 Hazardous Substances and New Organisms Amendment Act 2011 Section 17 amended 22 December 2005 section 5 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 18: EPA may appoint committees 1: A committee must include at least 1 member of the EPA. 2: A person must not be appointed as a member of a committee unless the Minister has approved the appointment. 3: Clause 14 Section 18 substituted 1 July 2011 section 8 Hazardous Substances and New Organisms Amendment Act 2011 18A: Committee may appoint and delegate functions to subcommittee 1: A committee appointed by the EPA under clause 14 section 19(2)(b) 2: For the purpose of subsection (1), the committee may delegate a power delegated to the committee under section 19(2)(b) 3: A subcommittee is a committee for the purposes of clause 15 Section 18A inserted 1 July 2011 section 8 Hazardous Substances and New Organisms Amendment Act 2011 18B: Composition of subcommittee 1: The majority of members of a subcommittee appointed under section 18A 2: The subcommittee need not include a member of the EPA. Section 18B inserted 1 July 2011 section 8 Hazardous Substances and New Organisms Amendment Act 2011 18C: Qualification for appointment to committee or subcommittee A committee or subcommittee appointed for the purpose of section 19(2)(b) Section 18C inserted 1 July 2011 section 8 Hazardous Substances and New Organisms Amendment Act 2011 19: Delegation by Authority 1: The Authority may, in writing, delegate to any person, whether or not that person is a member of the Authority, a: the fixing of charges under section 21 ab: the issuing of an EPA notice; and ac: the issuing of a notice under section 76E b: any power that may be delegated under subsection (2); and c: this power of delegation. 2: The Authority may delegate in writing a: the power to conduct a rapid assessment under any of sections 35 38BA 42 42A 42B 42C b: the power to hear and decide any other application made under Part 5 or Part 6A the Crown Entities Act 2004 ba: the power to assess and approve an application under section 38I(1) bb: the power to determine whether a medicine or veterinary medicine is a qualifying medicine or qualifying veterinary medicine to the responsible chief executive: bc: the power to review and amend controls under section 38L bd: the power to impose controls under section 45(2) section 55 c: ca: the power to grant an extension of an exemption under section 25C(2) i: any employee of a person specified in section 97 ii: if there is no employee with relevant experience, any other person with relevant experience, whether or not that person is a member of the Authority: cb: the power to decide any application under section 28 section 53(2) cc: the power to decide any application under section 63D section 53(2) section 53AA(4) d: the power to conduct a rapid assessment under section 28A e: the power to hear and decide any application made under section 31 f: g: the power to appoint an enforcement officer under section 99(3)(a) h: the power to decide any application for any permission Part 6 i: any employee of the department for the time being responsible for the administration of the Biosecurity Act 1993 section 2(1) section 97 ii: if there is no employee or enforcement officer with the relevant experience, any other person with the relevant experience, whether or not that person is a member of the Authority: ha: the power to revoke a section 82C i: 3: Every decision made in accordance with a delegation under 4: Every person purporting to act under a delegation under this section is presumed to be acting in accordance with its terms in the absence of evidence to the contrary. 5: A delegation under this section shall be revocable at will, and no such delegation shall prevent the performance or exercise of any function, power, or duty by the Authority. 5A: A delegate to whom any function or power is delegated under this section may delegate the function or power only— a: with the prior written consent of the Authority; and b: subject to the same restrictions, and with the same effect, as if the subdelegate were the delegate. 5B: Despite subsection (5A), if any function or power under section 26 51 section 28A 29 32 6: Every delegation under subsection (2) must be available for public inspection at the office of the Authority during ordinary office hours. 7: Sections 73 to 76 Authority's functions, powers, or duties under this Act Section 19(1) amended 20 April 2010 section 7(1) Hazardous Substances and New Organisms Amendment Act 2010 Section 19(1)(ab) inserted 5 September 2015 section 8(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 19(1)(ac) inserted 1 November 2022 section 15(1) Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 19(1)(b) substituted 20 April 2010 section 7(2) Hazardous Substances and New Organisms Amendment Act 2010 Section 19(2) amended 20 April 2010 section 7(3) Hazardous Substances and New Organisms Amendment Act 2010 Section 19(2)(a) amended 20 April 2010 section 7(4) Hazardous Substances and New Organisms Amendment Act 2010 Section 19(2)(a) amended 30 October 2003 section 9(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 19(2)(b) amended 1 July 2011 section 9(1) Hazardous Substances and New Organisms Amendment Act 2011 Section 19(2)(b) amended 22 December 2005 section 6(1) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 19(2)(ba) inserted 30 October 2003 section 9(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 19(2)(bb) inserted 30 October 2003 section 9(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 19(2)(bc) inserted 30 October 2003 section 9(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 19(2)(bd) inserted 30 October 2003 section 9(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 19(2)(c) repealed 1 July 2011 section 12 Hazardous Substances and New Organisms Amendment Act 2011 Section 19(2)(ca) inserted 23 December 2004 section 6 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Section 19(2)(cb) inserted 20 April 2010 section 7(5) Hazardous Substances and New Organisms Amendment Act 2010 Section 19(2)(cc) inserted 1 November 2022 section 15(2) Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 19(2)(d) added 31 December 2000 section 6(1) Hazardous Substances and New Organisms Amendment Act 2000 Section 19(2)(e) added 31 December 2000 section 6(1) Hazardous Substances and New Organisms Amendment Act 2000 Section 19(2)(f) repealed 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 19(2)(g) added 31 December 2000 section 6(1) Hazardous Substances and New Organisms Amendment Act 2000 Section 19(2)(h) added 24 March 2004 section 4 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 Section 19(2)(h) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 19(2)(h)(i) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 19(2)(ha) inserted 22 December 2005 section 6(2) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 19(2)(ha) amended 5 September 2015 section 8(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 19(2)(ha) amended 20 April 2010 section 7(6) Hazardous Substances and New Organisms Amendment Act 2010 Section 19(2)(i) repealed 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 19(3) amended 20 April 2010 section 7(7) Hazardous Substances and New Organisms Amendment Act 2010 Section 19(5A) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 19(5B) inserted 5 September 2015 section 8(3) Hazardous Substances and New Organisms Amendment Act 2015 Section 19(6) added 31 December 2000 section 6(2) Hazardous Substances and New Organisms Amendment Act 2000 Section 19(7) added 25 January 2005 section 200 Crown Entities Act 2004 Section 19(7) amended 1 July 2011 section 9(2) Hazardous Substances and New Organisms Amendment Act 2011 20: Obligation to prepare and maintain register 1: The Authority must keep a register of all applications for approvals for hazardous substances and new organisms made to the Authority, including pending and withdrawn applications. 2: The register shall specify— a: the name and address of the applicant: b: a sufficient description of the substance or organism to uniquely identify that substance or organism: c: the purpose of the application: ca: if applicable, the project concerned: d: whether the application was approved or declined: e: any controls attached to the approval by the Authority , including any associated permissions granted under section 95A f: all the controls on a hazardous substance imposed under this Act. 3: The register shall also record the details of any list of low-risk organisms issued by the Authority. 3A: The register must also include reference to controls on a hazardous substance imposed under the Health and Safety at Work Act 2015 3B: The register may also include reference to controls on a hazardous substance imposed under any other Act. 4: Any decision by the Authority to approve the importation for release or development of any organism as a low-risk organism (other than an organism which is listed as a low-risk organism), shall also be included in the register. 5: Every person shall have the right to inspect the register during the ordinary office hours of the Authority. 6: The Authority may withhold any information relating to transhipment applications that this section would otherwise require to be on the register if, in its opinion, the information could pose a risk to national safety and security. Section 20(1) replaced 1 December 2017 section 9(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 20(2)(ca) inserted 30 October 2003 section 10 Hazardous Substances and New Organisms Amendment Act 2003 Section 20(2)(e) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 20(2)(e) amended 24 March 2004 section 13 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 Section 20(2)(f) replaced 1 December 2017 section 9(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 20(3A) inserted 1 December 2017 section 9(3) Hazardous Substances and New Organisms Amendment Act 2015 Section 20(3B) inserted 1 December 2017 section 9(3) Hazardous Substances and New Organisms Amendment Act 2015 Section 20(6) inserted 5 September 2015 section 9(4) Hazardous Substances and New Organisms Amendment Act 2015 20A: Register of exposure limits for substances with toxic or ecotoxic properties 1: The Authority must keep and maintain a register of all exposure limits set under this Act for substances with toxic or ecotoxic properties. 2: The register must specify— a: the type of exposure limit: b: the value of the exposure limit: c: the hazardous substance that the exposure limit will apply to: d: if the exposure limit applies to any element or compound making up the hazardous substance, the element or compound that the exposure limit will apply to. 3: Every person has the right to inspect the register during the ordinary office hours of the Authority. Section 20A inserted 22 December 2005 section 7 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 20B: Publication of decisions 1: If the Authority makes a decision under Part 5 6A section 62 a: give its decision in writing, including reasons for the decision; and b: give a copy of the decision to the applicant and every person who made a submission; and c: give public notice of the decision as soon as practicable after the decision is made. 2: The Authority may withhold any information relating to transhipment applications from a public notice under this section if, in its opinion, the information could pose a risk to national safety and security. Section 20B inserted 1 November 2022 section 4 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 20C: Reassessments work plan 1: The Authority must, within 12 months of the commencement of this section, develop a work plan that sets the priorities for reassessments of hazardous substances that are requested by the chief executive of the Authority. 2: When developing or updating a work plan, the Authority must take into account the criteria set out in section 62(2)(a) to (d) 3: The work plan must include— a: a list of substances or groups of related chemicals or substances to be reassessed; and b: indicative time frames for the start of work by the Authority to reassess each of the listed substances or groups. 4: The Authority must ensure that the work plan— a: gives highest priority to the following: i: hazardous substances that are prohibited from use under section 64 ii: hazardous substances that are subject to restriction under section 64A b: is made available, free of charge, on an Internet site maintained by or on behalf of the Authority; and c: is updated no less than once each calendar year. Section 20C inserted 1 November 2022 section 4 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 21: Charges 1: The Authority may from time to time , by notice, a: fix the charges— i: on a scale of charges for exercising or performing any function, power, or duty under this Act; or ii: based on the time involved in exercising or performing any function, power, or duty under this Act— so as to recover the actual and reasonable costs incurred in the exercise of that function, power, or duty; and b: specify the persons liable to pay the charge. 2: Before any charges are fixed pursuant to subsection (1), the Authority shall— a: publicly notify the charges it proposes to fix and the persons who are liable to pay the charge; and b: allow such period of time as the Authority thinks fit for any person who may be liable to pay the proposed charge to comment in writing to the Authority on whether or not the proposed charges are reasonable; and c: consider any comments received in accordance with paragraph (b). 3: 4: Where the Authority fixes a scale of charges or a charge based on time, the Authority shall provide an estimate of the full charge payable by any person upon request by that person. 5: Any charge payable under this section by any person in respect of the completed exercise or performance of any function, power, or duty by the Authority shall, until paid in full and remitted to the Authority, constitute a debt due to the Authority, and may be recovered in any court of competent jurisdiction. 6: A notice under subsection (1) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publicly notify it (see section 2 public notice LA19 ss 73 74(1)(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 21(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 21(3) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 21(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 22: Payments in advance 1: The Authority may estimate the charge payable in respect of the exercise or performance of any function, power, or duty and require that estimated charge or part of that estimated charge to be paid in full before the Authority exercises or performs the function, power, or duty to which that charge relates. 2: Where the actual and reasonable costs of exercising or performing any function, power, or duty,— a: exceed the amount paid in advance, the difference between the amount paid and the actual and reasonable costs shall be a debt and the provisions of section 21(5) b: are less than the amount paid in advance, the Authority shall refund the difference between the amount paid and the actual and reasonable costs. 23: Fees for local authorities Any local authority may prescribe fees by bylaw or resolution in accordance with section 150 local authority Section 23 amended 22 December 2005 section 8 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 23 amended 1 July 2003 section 262 Local Government Act 2002 24: Power to request information The Authority may from time to time request any person who in the Authority's opinion is able to give any information relating to any significant incident or emergency or likely significant incident or emergency involving a hazardous substance or new organism which is the subject of an inquiry by the Authority under section 11(1)(e) Section 24 amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 4A: Nga Kaihautu Tikanga Taiao Part 4A repealed 1 July 2011 section 10 Hazardous Substances and New Organisms Amendment Act 2011 24A: Establishment of Nga Kaihautu Tikanga Taiao Section 24A repealed 1 July 2011 section 10 Hazardous Substances and New Organisms Amendment Act 2011 24B: Function of Nga Kaihautu Tikanga Taiao Section 24B repealed 1 July 2011 section 10 Hazardous Substances and New Organisms Amendment Act 2011 24C: Appointment and remuneration of members and chair Section 24C repealed 1 July 2011 section 10 Hazardous Substances and New Organisms Amendment Act 2011 24D: Review of terms of reference Section 24D repealed 1 July 2011 section 10 Hazardous Substances and New Organisms Amendment Act 2011 5: Assessment of hazardous substances and new organisms Prohibition of import, etc, and types of approval 25AA: This Part subject to Part 5A Section 25AA repealed 30 October 2003 section 13(1) Hazardous Substances and New Organisms Amendment Act 2003 25: Restriction 1: No— a: hazardous substance shall be imported, or manufactured: b: new organism shall be imported, developed, field tested, or released— otherwise than in accordance with an approval issued under this Act or in accordance with Parts 11 to 16 1A: Subsection (1)(b) does not apply to— a: the importation of an incidentally imported new organism, if it is imported in or on goods lawfully imported under the Biosecurity Act 1993 b: the movement or use of those goods, together with any new organisms incidentally imported while they remain in or on those goods, after their importation. 1B: The department responsible for administering the Biosecurity Act 1993 section 101(2) 2: No approval shall be issued to import, develop, field test, or release any new organism specified in Schedule 2 3: If an organism has a conditional release approval, no further approvals are required for the conditional release of the organism on the same conditions. 4: If an organism has an approval for importation into containment, no further approvals are required for the importation into containment of the organism. 5: The restriction 6: No person may do any of the things specified in subsection (1)(a) or (b) in relation to any hazardous substance or new organism that is or has been the subject of an innovative TNP application 7: Subsection (6) ceases to apply in respect of a hazardous substance or new organism on the date that section 55(3) or (4) 8: Section 25 heading amended 9 April 2008 section 6(1) Hazardous Substances and New Organisms Amendment Act 2008 Section 25(1A) inserted 9 April 2008 section 6(2) Hazardous Substances and New Organisms Amendment Act 2008 Section 25(1B) inserted 9 April 2008 section 6(2) Hazardous Substances and New Organisms Amendment Act 2008 Section 25(2) amended 30 October 2003 section 12(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 25(3) substituted 30 October 2003 section 12(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 25(4) added 30 October 2003 section 12(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 25(5) added 30 October 2003 section 12(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 25(5) amended 9 April 2008 section 6(3) Hazardous Substances and New Organisms Amendment Act 2008 Section 25(6) added 30 October 2003 section 12(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 25(6) amended 8 November 2016 section 11 Agricultural Compounds and Veterinary Medicines Amendment Act 2016 Section 25(7) replaced 8 November 2016 section 11 Agricultural Compounds and Veterinary Medicines Amendment Act 2016 Section 25(8) repealed 8 November 2016 section 11 Agricultural Compounds and Veterinary Medicines Amendment Act 2016 25A: Prohibition of import, manufacture, or use of persistent organic pollutants 1: No persistent organic pollutant is to be imported or manufactured, and no approval is to be issued to import or manufacture a persistent organic pollutant, except as provided by— a: section 29B b: section 30(a) c: section 30(ba) 2: A persistent organic pollutant that is manufactured in New Zealand must not be used in New Zealand except for a use specified in Schedule 2A Section 25A inserted 23 December 2004 section 7 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 25B: Prohibition on storage of persistent organic pollutants 1: A persistent organic pollutant must not be stored in New Zealand. 2: However, subsection (1) does not apply to— a: a persistent organic pollutant b: a persistent organic pollutant in respect of which storage is specified in Schedule 2A 3: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 25B inserted 23 December 2004 section 7 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Section 25B(2)(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 25B(2)(a) amended 22 December 2005 section 9 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 25B(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 25C: Continuation of certain exemptions under Toxic Substances Regulations 1983 1: For the purposes of sections 25A 25B Schedule 2A regulation 49I or regulation 49J of the Toxic Substances Regulations 1983 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 a: on the same terms and conditions as in force at that time; and b: until the expiry of— i: the exemption; or ii: an extension of the exemption (being not later than the close of 2016). 2: The Authority may grant an extension of an exemption for the purposes of subsection (1)(b)(ii). 3: An extension under subsection (2) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 25C inserted 23 December 2004 section 7 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Section 25C(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 25D: Use of persistent organic pollutants imported or manufactured before commencement of Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 1: This section applies to persistent organic pollutants imported or manufactured before the commencement of the Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 2: No person may use a persistent organic pollutant for a use not specified in Schedule 2A 3: This section does not prevent approvals being granted under— a: section 30(a) b: section 30(ba) 4: A direction under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 25D inserted 23 December 2004 section 7 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Section 25D(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 25D(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 26: Determination of new organism or hazardous substance 1: The Authority may, on application by any person, determine whether or not any organism is a new organism. 2: A determination under subsection (1) must be issued by notice in the Gazette 3: The Authority may, on application by any person, determine 1 or more of the following: a: whether or not any substance is a hazardous substance: b: a hazardous substance's classification: c: the approvals that apply or are required to be obtained. 4: A determination under subsection (3) must be publicly notified. 5: Before issuing a determination under this section, the Authority must have regard to— a: any information held by the Authority; and b: any information held by any department as defined in section 5 c: any information provided by the applicant. 6: The Authority may revoke or reissue a determination issued by it under this section if it receives further information. Section 26 replaced 1 July 2016 section 10 Hazardous Substances and New Organisms Amendment Act 2015 Section 26(5)(b) amended 7 August 2020 section 135 Public Service Act 2020 27: Types of approval In this Act, the term approval a: an approval to import or manufacture a hazardous substance for release: b: an approval to import for release or release from containment any new organism: ba: a conditional release approval to import for release or release from containment a new organism: bb: an approval to import for release or to release from containment a qualifying organism: c: an approval to import any new organism into containment, field test any new organism in containment, develop any new organism in containment: d: an approval to import any hazardous substance into containment or manufacture any hazardous substance in containment: e: an approval to import or manufacture any hazardous substance for release in an emergency, import any new organism for release in an emergency, or release any new organism from containment in an emergency: f: an approval to import an agricultural compound or medicine for release in a special emergency, release an agricultural compound or medicine from containment in a special emergency, or use an agricultural compound or a medicine in a special emergency. Section 27(ba) inserted 30 October 2003 section 14(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 27(bb) inserted 30 October 2003 section 14(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 27(f) added 30 October 2003 section 14(2) Hazardous Substances and New Organisms Amendment Act 2003 27A: Approvals at any taxonomic classification 1: An approval referred to in section 27(b), (ba), (bb), or (c) 2: An approval that is granted for a new organism (that is not a genetically modified organism) in a taxonomic classification applies to all the organisms in the taxonomic classification. 3: An approval that is granted for a genetically modified organism in a taxonomic classification applies only to organisms in the taxonomic classification with the same genetic modification as specified in the approval. 4: Despite subsections (2) and (3), an approval may exclude any organism or groups of organisms from its scope. Section 27A inserted 30 October 2003 section 15 Hazardous Substances and New Organisms Amendment Act 2003 Approvals for hazardous substances 28: Application for approval to import or manufacture hazardous substances 1: Unless an approval under section 28A section 29 a: import; or b: manufacture— a hazardous substance otherwise than in containment shall, before importation or manufacture, apply to the Authority for approval to import or manufacture that substance. 2: Every application shall be in an approved form a: the unequivocal identification of the substance and its properties; and b: information on all the possible adverse effects of the substance on the environment; and c: information on the intended uses of the substance throughout the life cycle of the substance; and d: information on methods for disposal of the substance; and e: information on all occasions where the substance has been considered by the government of any prescribed State or country or any prescribed organisation and the results of such consideration; and f: such other information as may be prescribed. 3: The Authority may, by written notice given to the applicant, require the applicant to verify an application by statutory declaration. 4: An applicant may, by written notice to the Authority, withdraw the application at any time. Section 28(1) amended 2 July 2001 section 8(1) Hazardous Substances and New Organisms Amendment Act 2000 Section 28(2) amended 2 July 2001 section 8(2) Hazardous Substances and New Organisms Amendment Act 2000 28A: Rapid assessment for importation or manufacture of hazardous substances 1: When the Authority receives an application under section 28 2: The Authority may approve a hazardous substance under this section if the Authority is satisfied that— a: a substance having a similar composition and similar hazardous properties has been approved; or ab: the use of the same substance or a substance having a similar composition and similar hazardous properties has been lawfully authorised by an international regulator; or b: the substance has 1 or more hazardous properties and each hazardous property has the least degree of hazard for that property ; or c: the substance has been formulated so that 1 or more of its hazardous properties has a lesser degree of hazard than any substance that has been approved under this Act. 3: Sections 77 77A 77B section 29 4: If the Authority does not approve a hazardous substance under this section, the application under section 28 section 29 5: An applicant relying on subsection (2)(ab) must provide the Authority with evidence of their right to use the information relied on in the application. 6: The Authority must not make a rapid assessment under subsection (2)(ab) if the Authority considers the application will have— a: significant cultural, economic, environmental, ethical, health, or international effects; or b: significant effects in an area in which the Authority lacks sufficient knowledge or expertise. Section 28A inserted 2 July 2001 section 9 Hazardous Substances and New Organisms Amendment Act 2000 Section 28A(2)(ab) inserted 1 November 2022 section 5(1) Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 28A(2)(b) amended 22 December 2005 section 10(1) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 28A(2)(c) added 22 December 2005 section 10(1) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 28A(3) amended 22 December 2005 section 10(2) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 28A(5) inserted 1 November 2022 section 5(2) Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 28A(6) inserted 1 November 2022 section 5(2) Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 29: Determination of applications 1: After considering any application for approval made under section 28 a: approve the application if, after taking into account— i: any controls which may be imposed on the substance; and ii: all effects of the substance during the life cycle of that substance; and iii: the likely effects of the substance being unavailable,— the positive effects of the substance outweigh the adverse effects; or b: decline the application if, after taking into account— i: any controls which may be imposed on the substance; and ii: all effects of the substance during the life cycle of that substance; and iii: the likely effects of the substance being unavailable,— the adverse effects of the substance outweigh the positive effects; or c: decline the application if insufficient information is available to enable the Authority to determine the adverse effects of the substance. 2: The provisions of sections 77 77A 77B 3: Section 29(2) amended 22 December 2005 section 11 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 29(3) repealed 1 November 2022 section 16 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 29A: Approvals for innovative agricultural compounds and medicines Section 29A repealed 30 October 2003 section 16(1) Hazardous Substances and New Organisms Amendment Act 2003 29B: Applications relating to persistent organic pollutants 1: An application to import a persistent organic pollutant may be granted,— a: if a use for the persistent organic pollutant is specified in Schedule 2A b: if no use for the persistent organic pollutant is specified in Schedule 2A 2: An application to manufacture a persistent organic pollutant may be granted if manufacture for the persistent organic pollutant is specified in Schedule 2A Section 29B inserted 23 December 2004 section 8 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Containment approvals for hazardous substances 30: Importing hazardous substances in containment The Authority may approve the manufacture or importation of any hazardous substance in containment for any of the following purposes: a: small amounts of any hazardous substance for use as analytical standards where— i: approval to import or manufacture that substance has been declined; or ii: the substance is a persistent organic pollutant; or b: research on any hazardous substance to acquire information for use in assessing that substance in accordance with this Part; or ba: research and development on any hazardous substance; or c: use in an emergency under this or any other Act; or ca: formulating, relabelling, repackaging, or storing any hazardous substance for export to a destination outside New Zealand; or d: such other purposes as the Authority thinks fit. Section 30(a) substituted 23 December 2004 section 9 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Section 30(ba) inserted 2 July 2001 section 11 Hazardous Substances and New Organisms Amendment Act 2000 Section 30(ca) inserted 22 December 2005 section 12 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 31: Application for hazardous substance containment approval 1: Every person intending— a: to import into containment; or b: manufacture in containment— any hazardous substance shall, before importation or manufacture, apply to the Authority for approval to import or manufacture that substance. 2: Every application shall be in an approved form a: identification of the substance for which approval is sought: b: the purpose for which approval is sought: c: the quantity of the substance proposed to be imported or manufactured: d: information on all occasions where the substance has been considered by the government of any prescribed State or country or any prescribed organisation and the results of such consideration: e: such other information as may be prescribed: f: all information known to the applicant relating to the effects of the substance throughout the life cycle of the substance: g: information on the proposed containment system. 3: The Authority may, by written notice given to the applicant, require the applicant to verify any application by statutory declaration. 4: An applicant may, by written notice to the Authority, withdraw the application at any time. Section 31(2) amended 2 July 2001 section 12 Hazardous Substances and New Organisms Amendment Act 2000 32: Decision on application 1: After considering any application for approval made under section 31 section 30 2: An approval under this section— a: must include controls that provide for each of the applicable matters specified in Schedule 3 b: may include controls that provide for any other matters in order to give effect to the purpose of this Act. 3: Section 32(2) substituted 2 July 2001 section 13 Hazardous Substances and New Organisms Amendment Act 2000 Section 32(3) repealed 1 November 2022 section 17 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 33: Exemptions from Act for small-scale research on hazardous substances 1: Nothing in this Act applies to any small-scale use of hazardous substances in research and development or teaching if— a: the use occurs in a laboratory that meets the requirements prescribed under the Health and Safety at Work Act 2015 b: the use does not create or involve a hazardous substance for which any application for approval has been declined under this Act; and ba: the use does not create or involve a persistent organic pollutant; and c: the importation, storage, and transportation of the hazardous substances each meets the prescribed requirements; and d: no such hazardous substance, nor any substance created from that use, is sold as a substance or in a product containing or derived from that substance , except as provided for in subsection (2) 2: A hazardous substance, or any substance created from the use of that hazardous substance, referred to in subsection (1) may be sold as a substance or in a product containing or derived from that substance only if it is sold to— a: a laboratory in New Zealand that meets the requirements prescribed under the Health and Safety at Work Act 2015 b: a laboratory outside New Zealand, but only if— i: the hazardous substance or the substance has been sold to the laboratory outside New Zealand by a laboratory in New Zealand that meets the requirements prescribed under the Health and Safety at Work Act 2015 ii: the laboratory in New Zealand holds evidence that the hazardous substance or the substance will be used by the laboratory outside New Zealand in research and development or training, and produces that evidence if requested to do so by the Authority. Section 33 substituted 2 July 2001 section 14 Hazardous Substances and New Organisms Amendment Act 2000 Section 33(1)(a) amended 1 December 2017 section 11 Hazardous Substances and New Organisms Amendment Act 2015 Section 33(1)(ba) inserted 23 December 2004 section 10 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Section 33(1)(d) amended 22 December 2005 section 13(1) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 33(2) added 22 December 2005 section 13(2) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 33(2)(a) amended 1 December 2017 section 11 Hazardous Substances and New Organisms Amendment Act 2015 Section 33(2)(b)(i) amended 1 December 2017 section 11 Hazardous Substances and New Organisms Amendment Act 2015 Assessment of new organisms for importation or release 34: Application for approval to import or release 1: Every person intending— a: to import for release; or b: to release from containment— any new organism shall, before importation or release, apply , under this section or under section 38A 2: Every application under this section an approved form a: any information prescribed; and b: information on all occasions where the organism has been considered by the government of any prescribed State or country or by any prescribed organisation and the results of such consideration; and c: the identification of the organism; and d: any likely inseparable organisms; and e: all the possible adverse effects of the organism on the environment; and f: the affinities of the organism with other organisms in New Zealand; and g: the potential use for the organism. 3: The Authority may, by written notice given to the applicant, require the applicant to verify an application by statutory declaration. 4: Any applicant may, by written notice to the Authority, withdraw the application at any time. Section 34(1) amended 30 October 2003 section 17(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 34(2) amended 30 October 2003 section 17(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 34(2) amended 31 December 2000 section 15 Hazardous Substances and New Organisms Amendment Act 2000 34A: Applications for conditional release and for release in respect of same new organism 1: The user of a conditional release approval may, at or after the time of applying for the approval, apply to the Authority for approval to release the new organism at the expiry of the conditional release approval. 2: The application must be treated as if it were an application under section 34 3: If the application is granted, the approval takes effect immediately after the expiry of the conditional release approval. Section 34A inserted 30 October 2003 section 18 Hazardous Substances and New Organisms Amendment Act 2003 35: Rapid assessment of risk for importation of new organisms 1: Where the Authority receives an application under section 34 2: If the Authority is satisfied that— a: the organism is not an unwanted organism as defined in the Biosecurity Act 1993 b: it is highly improbable that the organism, after release,— i: could form self-sustaining populations anywhere in New Zealand, taking into account the ease of eradication; or ii: could displace or reduce a valued species; or iii: could cause deterioration of natural habitats; or iv: will be disease-causing or be a parasite, or be a vector or reservoir for human, plant, or animal disease; or v: will have any adverse effects on human health and safety or the environment,— the Authority may approve the application without controls. 3: If the Authority is satisfied that— a: the organism is an unwanted organism as defined in the Biosecurity Act 1993 b: the organism is likely to fail the minimum standards specified in section 36 the Authority may, subject to subsection (5), decline the application. 4: If the Authority considers that the application should not be approved under subsection (2), then the application may be determined under section 38 5: Where any person appointed by the Authority to conduct a rapid assessment of risk declines an application under subsection (3), the applicant may request the Authority to continue the assessment and determine the application in accordance with section 38 36: Minimum standards The Authority shall decline the application, if the new organism is likely to— a: cause any significant displacement of any native species within its natural habitat; or b: cause any significant deterioration of natural habitats; or c: cause any significant adverse effects on human health and safety; or d: cause any significant adverse effect to New Zealand's inherent genetic diversity; or e: cause disease, be parasitic, or become a vector for human, animal, or plant disease, unless the purpose of that importation or release is to import or release an organism to cause disease, be a parasite, or a vector for disease. 37: Additional matters to be considered The Authority, when making a decision under section 38 a: the ability of the organism to establish an undesirable self-sustaining population; and b: the ease with which the organism could be eradicated if it established an undesirable self-sustaining population. 38: Determination of applications to import or release 1: If an application made under section 34 section 35 or any other section a: approve the application if— i: the organism meets the minimum standards set out in section 36 ii: after taking into account all the effects of the organism, the effects of any inseparable organism and the matters in section 37 b: decline the application if— i: the organism fails to meet the said minimum standards; or ii: after taking into account all the effects of the organism, the effects of any inseparable organism, and the matters in section 37 iii: insufficient information is available to enable the Authority to assess the adverse effects of the organism. 2: An approval under subsection (1) must be granted without controls. 3: Any approval to import an organism for release or to release an organism from containment shall lapse 5 years after the date of the approval unless— a: the organism is sooner released; or b: the Authority, following an application by any person before the expiry of the time limit, extends the time limit for a further period of up to 5 years. 3A: However, subsection (3) does not apply to an approval under this section that takes effect on the expiry of a conditional release approval. 4: Every person who releases an organism in accordance with an approval given under this section within 5 years after the date of that approval shall, unless the requirement is waived by the Authority, notify the Authority within 1 month after the date of release. 5: Section 38(1) amended 30 October 2003 section 19(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 38(2) substituted 30 October 2003 section 19(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 38(3A) inserted 30 October 2003 section 19(3) Hazardous Substances and New Organisms Amendment Act 2003 Section 38(5) repealed 1 November 2022 section 18 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Conditional release of new organisms Heading inserted 30 October 2003 section 20 Hazardous Substances and New Organisms Amendment Act 2003 38A: Application for approval to import or release new organism with controls 1: A person may apply to the Authority for a conditional release approval to import for release or to release from containment a new organism with controls. 2: An application for a conditional release approval must be in the approved form and must include— a: all prescribed information (if any); and b: information on all occasions where the organism has been considered by the government of any prescribed State or country or by any prescribed organisation and the results of the consideration; and c: the identification of the organism; and d: any likely inseparable organisms; and e: all the possible adverse effects of the organism on the environment; and f: the affinities of the organism with other organisms in New Zealand; and g: the proposed use for the organism; and h: the controls that the applicant proposes the organism would be subject to on its release. 3: The Authority may, by written notice given to the applicant, require the applicant to verify an application by statutory declaration. 4: Any applicant may, by written notice to the Authority, withdraw the application at any time. Section 38A inserted 30 October 2003 section 20 Hazardous Substances and New Organisms Amendment Act 2003 38B: Application under section 34 may be treated as application under section 38A The Authority may, with the agreement of the applicant, treat an application made under section 34 section 38A , and sections 38A, 38BA 38C 53(1)(ab) Section 38B inserted 30 October 2003 section 20 Hazardous Substances and New Organisms Amendment Act 2003 Section 38B amended 20 April 2010 section 8 Hazardous Substances and New Organisms Amendment Act 2010 38BA: Rapid assessment of risk for importation or release of new organisms with controls 1: If the Authority receives an application under section 38A 2: The Authority may approve the application and grant a conditional release approval with controls if the Authority is satisfied that— a: the organism is not an unwanted organism as defined in the Biosecurity Act 1993 b: after the controls are imposed, the organism will comply with section 35(2)(b) Section 38BA inserted 20 April 2010 section 9 Hazardous Substances and New Organisms Amendment Act 2010 38C: Determination of applications to import or release new organisms with controls 1: If an application made under section 38A section 38BA a: after taking into account the matters in subsection (3), the new organism is likely to meet the minimum standards set out in section 36 b: there is sufficient information available to assess the adverse effects of the organism; and c: after taking into account the matters in subsection (2), the positive effects of the organism outweigh the adverse effects of the organism and any inseparable organism. 2: The matters to be taken into account under subsection (1)(c) are— a: all the effects of the organism and any inseparable organism; and b: the ability of the organism to establish a self-sustaining population; and c: the ease with which the organism could be recovered or eradicated if it established an undesirable self-sustaining population; and d: all the controls that will be imposed on the organism. 3: The matters to be taken into account in subsection (1)(a) are— a: the controls that will be imposed on the approval; and b: whether the controls are likely to be effective in meeting the objective of the controls; and c: the ease with which the organism could be recovered or eradicated if it formed a self-sustaining population. Section 38C inserted 30 October 2003 section 20 Hazardous Substances and New Organisms Amendment Act 2003 Section 38C(1) amended 20 April 2010 section 10 Hazardous Substances and New Organisms Amendment Act 2010 38D: Controls 1: The controls that the Authority may impose on a conditional release approval include— a: controlling the extent and purposes for which organisms could be used: b: requiring any monitoring, auditing, reporting, and record-keeping: c: imposing any obligation to comply with relevant codes of practice or standards (for example, to meet particular co-existence requirements): d: requiring contingency plans to be developed to manage potential incidents: e: limiting the dissemination or persistence of the organism or its genetic material in the environment: f: requiring the disposal of any organisms or genetic material: g: limiting the proximity of the organism to other organisms, including those that could be at risk from the conditionally released organism: h: setting requirements that must be met for any material derived from the organism: i: imposing obligations on the user of an approval, including levels of training or knowledge, limits on the numbers of users who may hold an approval, and the persons that they could deal with in respect of the organism: j: specifying the duration of the approval or of a control before requiring review by the Authority, and the nature of that review. 2: Subsection (1) does not limit the type of controls the Authority may impose on a conditional release approval. Section 38D inserted 30 October 2003 section 20 Hazardous Substances and New Organisms Amendment Act 2003 38E: Duration of conditional release approval 1: A conditional release approval that expressly states that it does not expire expires on the close of the date on which the last control to which the approval relates expires. 2: In any other case, a conditional release approval expires on the earlier of the following: a: the date of expiry (if any) specified in the approval; or b: if no date of expiry is specified, 5 years after the date on which the approval is granted; or c: the close of the date on which the last control to which the approval relates expires. Section 38E inserted 30 October 2003 section 20 Hazardous Substances and New Organisms Amendment Act 2003 38F: Consequences of expiry of conditional release approval On the expiry of a conditional release approval, the new organism concerned must be disposed of unless, before the expiry of the approval, another approval has been granted under this Act. Section 38F inserted 30 October 2003 section 20 Hazardous Substances and New Organisms Amendment Act 2003 38G: Review of controls on conditional release approval 1: The Authority may, on its own initiative or on the application of any user of a conditional release approval or of any person specified in section 97 section 97A a: the review is to amend a control so that it better meets the objective of the control; or b: the control included a review requirement specifying— i: the circumstances in which the control would be reviewed; and ii: the potential consequences of the review. 2: The Authority— a: may carry out the review without publicly notifying the review in accordance with section 53 b: if it does so, must— i: consult, and consider the views of, the Department of Conservation and any other government agency (as defined in section 49A ii: publicly notify the results of the review. 3: This section does not limit section 67A Section 38G inserted 30 October 2003 section 20 Hazardous Substances and New Organisms Amendment Act 2003 38H: Restriction on release of new organism subject to conditional release approval A person who did not obtain a conditional release approval for a new organism that is subject to a conditional release approval must not release the new organism in accordance with the approval unless, before the release, the person has given notice in writing to the Authority of the proposed release. Section 38H inserted 30 October 2003 section 20 Hazardous Substances and New Organisms Amendment Act 2003 Release of qualifying organisms Heading inserted 30 October 2003 section 20 Hazardous Substances and New Organisms Amendment Act 2003 38I: Assessment of applications for release of qualifying organisms 1: If the Authority receives an application under section 34 a: make a rapid assessment of the adverse effects of importing for release or releasing from containment the qualifying organism; and b: approve the importation for release or the release from containment of the qualifying organism with or without controls. 2: If the Authority does not approve an application under this section, the Authority must assess and determine the application under section 38 3: The Authority or the responsible chief executive, as the case may be, may determine that a qualifying organism is or is contained in a qualifying medicine or a qualifying veterinary medicine only if satisfied that, taking into account all the controls that will be imposed (if any), it is highly improbable that— a: the dose and routes of administration of the medicine or veterinary medicine would have significant adverse effects on— i: the health of the public; or ii: any valued species; and b: the qualifying organism could form an undesirable self-sustaining population and would have significant adverse effects on— i: the health and safety of the public; or ii: any valued species; or iii: natural habitats; or iv: the environment. 4: In determining under subsection (3) whether a qualifying organism is or is contained in a qualifying medicine or a qualifying veterinary medicine, the following effects (if any) are not to be taken into account: a: any effect of the medicine or qualifying organism on the person who is being treated with the medicine: b: any effect of the veterinary medicine or qualifying organism on the animal that is being treated with the veterinary medicine. 5: An approval granted under this section is not an approval— a: to use a qualifying medicine until the medicine has been lawfully supplied for use under the Medicines Act 1981 b: to use a qualifying veterinary medicine until the veterinary medicine has been approved for use under the Agricultural Compounds and Veterinary Medicines Act 1997 Section 38I inserted 30 October 2003 section 20 Hazardous Substances and New Organisms Amendment Act 2003 38J: Procedure for assessing and approving application by responsible chief executive If the Authority has delegated to the responsible chief executive its power to assess and approve an application under section 38 a: be paid the fee set by the Authority for the assessment and approval of the application; and b: determine whether the medicine is a qualifying medicine or the veterinary medicine is a qualifying veterinary medicine, as the case may be; and c: if the responsible chief executive is satisfied that the medicine is a qualifying medicine or the veterinary medicine is a qualifying veterinary medicine, the responsible chief executive may, with or without controls, approve the release of the qualifying organism. Section 38J inserted 30 October 2003 section 20 Hazardous Substances and New Organisms Amendment Act 2003 38K: Controls 1: The type of controls that may be imposed on the importation for release or release from containment of a qualifying organism include— a: controls for the distribution of the qualifying medicine or qualifying veterinary medicine: b: controls providing for the methods of administering the qualifying medicine or qualifying veterinary medicine: c: controls concerning the persons who may administer the qualifying medicine or qualifying veterinary medicine: d: controls concerning the persons to whom the qualifying medicine may be administered: e: controls concerning the animals to which the qualifying veterinary medicine may be administered. 2: Subsection (1) does not limit the type of controls that may be imposed on the importation for release or release from containment of a qualifying organism. Section 38K inserted 30 October 2003 section 20 Hazardous Substances and New Organisms Amendment Act 2003 38L: Review of controls for qualifying organisms 1: The Authority may, on its own initiative or on the application of the holder of an approval under section 38I section 97 section 97A a: the review is to amend a control so that it better meets the objective of the control; or b: the control included a review requirement specifying— i: the circumstances in which the control would be reviewed; and ii: the potential consequences of the review. 2: The Authority— a: may carry out the review without publicly notifying the review in accordance with section 53 b: if it does so, must— i: consult, and consider the views of, any government agency (as defined in section 49A ii: publicly notify the results of the review. 3: This section does not limit section 67A Section 38L inserted 30 October 2003 section 20 Hazardous Substances and New Organisms Amendment Act 2003 Containment approval for new organisms 39: Importation or development of new organisms in containment 1: The Authority may approve the importation, development, or field testing of any new organism into containment for the following purposes: a: the development of any new b: field testing any new organism: c: maintaining a new organism for use in an emergency (as defined in section 46 d: the conservation of any genetic material: e: the public display of any organism including, but not limited to, display in a circus or zoological garden: f: maintaining a new organism in containment to produce antigens, biopesticides, biopharmaceuticals, enzymes, hormones, or vaccines for release: g: maintaining new organisms in containment for diagnostic purposes: h: such other purposes as the Authority thinks fit. 2: A decision by the Authority under section 38 section 38C section 38I 3: If an application has been made to the Authority for a conditional release approval, any person may apply to the Authority for approval to put the organism into containment and the application— a: must be treated in all respects as an application to import a new organism into containment; and b: may be granted only for 1 or more of the purposes specified in subsection (1). 4: If an application has been made to the Authority for an approval under section 38I a: must be treated in all respects as an application to import a new organism into containment; and b: may be granted only for 1 or more of the purposes specified in subsection (1). Section 39(1)(a) amended 30 October 2003 section 21(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 39(2) substituted 30 October 2003 section 21(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 39(3) added 30 October 2003 section 21(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 39(4) added 30 October 2003 section 21(2) Hazardous Substances and New Organisms Amendment Act 2003 40: Application for containment approval for new organisms 1: Every person intending to import any new organism into containment, or develop or field test any new organism in containment, must apply to the Authority for approval to do so before importing, developing, or field testing the organism. 2: Every application shall be in an approved form a: for the development of a genetically modified organism,— i: the identification of the organism; and ii: the description of the project and the experimental procedures to be used; and iii: the details of the biological material to be used; and iv: the expression of foreign nucleic acid material v: all the possible adverse effects of the organism on the environment: b: for field testing i: the identification of the organism; and ii: the purposes of the field testing iii: the genetic modifications of the organism to be tested; and iv: the nature and method of field trials and the experimental procedures to be used; and v: all the possible adverse effects of the organism on the environment. 3: The Authority may, by written notice given to the applicant, require the applicant to verify an application by statutory declaration. 4: An applicant may, by written notice to the Authority, withdraw the application at any time. Section 40(1) substituted 20 April 2010 section 11 Hazardous Substances and New Organisms Amendment Act 2010 Section 40(2) amended 31 December 2000 section 16 Hazardous Substances and New Organisms Amendment Act 2000 Section 40(2)(a)(iv) amended 7 May 1999 section 4 Hazardous Substances and New Organisms Amendment Act 1999 Section 40(2)(b) amended 30 October 2003 section 22 Hazardous Substances and New Organisms Amendment Act 2003 Section 40(2)(b)(ii) amended 30 October 2003 section 22 Hazardous Substances and New Organisms Amendment Act 2003 41: Assessment of adverse effects of developing genetically modified organisms 1: The Governor-General may, from time to time, by Order in Council, make regulations— a: specifying the procedures and methods for assessing the probability that an adverse effect will occur from genetic modification of an organism: b: specifying the probability that adverse effects will occur from specified development procedures: c: specifying the circumstances in which genetic modification of an organism is a low risk genetic modification. 2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 41(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 42: Rapid assessment of adverse effects for development of genetically modified organisms 1: Where the Authority receives an application under section 40 2: If the Authority is satisfied that any development meets the criteria for a low-risk genetic modification specified in regulations made under section 41 Schedule 3 42A: Rapid assessment of projects for low-risk genetic modification 1: An application made under section 40 a: a project for the development of genetically modified organisms; and b: the identity of the host organisms; and c: the nature and range of the proposed genetic modifications. 2: After the Authority receives an application under section 40 a: any host organism specified for the project meets the criteria for host organisms prescribed in regulations made under section 41 b: any genetic modification specified for the project meets the criteria for genetic modification procedures prescribed in regulations made under section 41 3: If the Authority has completed a rapid assessment under subsection (2), the Authority may— a: approve the application; and b: impose controls providing for each of the matters specified in Schedule 3 c: direct the applicant to provide progress reports on the development at the times specified or required by the Authority. Section 42A inserted 30 October 2003 section 23 Hazardous Substances and New Organisms Amendment Act 2003 42B: Rapid assessment of adverse effects for importation of genetically modified organisms into containment 1: After the Authority receives an application under section 40 2: If the Authority is satisfied that the importation meets the criteria for a low-risk genetic modification specified in regulations made under section 41 Schedule 3 3: Section 25(4) section 19(2)(a) Section 42B inserted 30 October 2003 section 23 Hazardous Substances and New Organisms Amendment Act 2003 42C: Rapid assessment of adverse effects for development in containment, etc, of certain new organisms 1: If the Authority receives an application under section 40 2: If the Authority is satisfied that the importation, development, or field testing is low-risk, in accordance with regulations made under subsection (3), the Authority may approve the application and impose controls providing for each of the matters specified in Part 2 3: The Governor-General may, by Order in Council, make regulations specifying the circumstances in which there is a low risk of adverse effects from— a: importing a new organism (other than a genetically modified organism) into containment; or b: developing or field testing a new organism (other than a genetically modified organism) in containment. 4: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 42C inserted 20 April 2010 section 12 Hazardous Substances and New Organisms Amendment Act 2010 Section 42C(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 43: Additional matters to be considered when application made for developing new organisms in containment The Authority, when making a decision under section 45 a: in the case of an application made under section 40 section 41 b: in the case of all applications made under section 40 section 37 Section 43 substituted 30 October 2003 section 24 Hazardous Substances and New Organisms Amendment Act 2003 Section 43(a) amended 1 July 2011 section 12 Hazardous Substances and New Organisms Amendment Act 2011 Section 43(b) amended 1 July 2011 section 12 Hazardous Substances and New Organisms Amendment Act 2011 44: Additional matters to be considered on applications for importing and field testing of organisms The Authority, when making a decision under section 45 section 40 a: the matters in section 37 b: the ability of the organism to escape from containment. Section 44 amended 1 July 2011 section 12 Hazardous Substances and New Organisms Amendment Act 2011 44A: Additional matters to be considered for certain developments and field tests 1: This section applies to an application— a: to develop a new organism in containment that is a genetically modified organism, to the extent that the development does not take place in a containment structure: b: to field test a new organism in containment if the new organism is a genetically modified organism. 2: In deciding whether to approve or decline an application, the Authority must take into account— a: any adverse effects of developing or field testing the organism on— i: human health and safety; and ii: the environment, in particular ecosystems and their constituent parts; and b: any alternative method of achieving the research objective that has fewer adverse effects on the matters referred to in paragraph (a) than the development or field test; and c: any effects resulting from the transfer of any genetic elements to other organisms in or around the site of the development or field test. 3: The matters referred to in subsection (2) are in addition to the matters referred to in sections 44 45 4: Section 44A inserted 28 May 2002 section 7(1) Hazardous Substances and New Organisms (Genetically Modified Organisms) Amendment Act 2002 Section 44A(4) repealed 30 October 2003 section 25 Hazardous Substances and New Organisms Amendment Act 2003 45: Determination of application 1: After considering any application for approval made under section 40 section 42 42A 42B 42C a: approve the application if— i: the application is for one of the purposes specified in section 39(1) ii: after taking into account all the effects of the organism and any inseparable organism, including, but not limited to, the effects on the matters in section 43 section 44 iii: the Authority is satisfied that the organism can be adequately contained; or b: decline the application in any other case. 2: An approval under this section— a: must include controls that provide for each of the applicable matters specified in Schedule 3 b: may include controls that provide for any other matters in order to give effect to the purpose of this Act. 3: 4: In taking into account the adverse effects of the organism under subsection (1)(a)(ii), the Authority must take into account— a: the adverse effects (if any) of having the organism and any inseparable organism in containment; and b: the probability that the organism may escape after considering all the controls to which the organism would be subject if the application were approved; and c: the effects of the organism, if the organism were to escape. Section 45(1) amended 20 April 2010 section 13 Hazardous Substances and New Organisms Amendment Act 2010 Section 45(1)(a)(ii) substituted 1 July 2011 section 12 Hazardous Substances and New Organisms Amendment Act 2011 Section 45(2) substituted 31 December 2000 section 17 Hazardous Substances and New Organisms Amendment Act 2000 Section 45(3) repealed 1 November 2022 section 19 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 45(4) added 30 October 2003 section 26(3) Hazardous Substances and New Organisms Amendment Act 2003 45A: Controls required for certain developments and for all field tests 1: This section applies to an approval under section 45 a: to develop a new organism in containment that is a genetically modified organism, to the extent that the development does not take place in a containment structure; or b: to field test a new organism in containment if the new organism is a genetically modified organism. 2: An approval— a: must include controls to ensure that, after the end of the development or field test, the organism and any heritable material from the organism is removed or destroyed; and b: may include controls to ensure that, after the end of the development or field test and after heritable material is removed or destroyed, some or all of the genetic elements remaining from the organism are removed or destroyed. 3: In subsection (2), destroyed Section 45A inserted 28 May 2002 section 8(1) Hazardous Substances and New Organisms (Genetically Modified Organisms) Amendment Act 2002 45B: Animals in circus or zoological garden deemed approved under section 255 The Authority may, for a deemed approval under section 255 a: include controls that provide for each of the applicable matters specified in Schedule 3 b: include controls that provide for any other matters in order to give effect to the purpose of this Act; and c: remove or vary the conditions imposed under section 255 Section 45B inserted 30 October 2003 section 27 Hazardous Substances and New Organisms Amendment Act 2003 Use of hazardous substances and new organisms in emergencies 46: Meaning of emergency 1: For the purposes of section 30(c) sections 47 to 49 emergency a: an event involving the release of a new organism for which a national pest management plan has been approved under section 66 b: a state of emergency declared under the Civil Defence Emergency Management Act 2002 c: an emergency as defined in section 6 d: an emergency declared under Part 9 e: a marine oil spill emergency under the Maritime Transport Act 1994 2: Sections 47 48 Section 46(1)(a) amended 18 September 2012 section 93 Biosecurity Law Reform Act 2012 Section 46(1)(b) substituted 1 December 2002 section 117 Civil Defence Emergency Management Act 2002 Section 46(1)(c) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 47: Application for approval to use a hazardous substance or new organism in an emergency 1: Every person intending to— a: import any hazardous substance for release in an emergency; or b: import any new organism for release in an emergency; or c: release any new organism from containment in an emergency; or d: release any hazardous substance from containment in an emergency; or e: use any hazardous substance in an emergency in a manner which would otherwise contravene the provisions of this Act or any regulations or any EPA notice shall, before importation or release or use, apply to the Authority for approval to import or release or use. 2: Every application shall be in an approved form a: information to identify the substance or organism; and b: information showing that the hazardous substance or new organism is necessary to deal with an emergency; and c: a proposed plan for dealing with the use of the substance or organism in the emergency; and d: all information relating to the effects of the substance or organism; and e: such other information as may be prescribed. 3: The Authority may, by written notice given to the applicant, require the applicant to verify an application by statutory declaration. 4: An applicant may, by written notice to the Authority, withdraw the application at any time. Section 47(1)(e) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 47(2) amended 31 December 2000 section 18 Hazardous Substances and New Organisms Amendment Act 2000 48: Determination of applications 1: The Authority may approve or decline an application under section 47 a: the organism or substance is not necessary for use in the emergency; or b: if the application relates to a substance, the proposed plan does not adequately control the adverse effects of the substance; or c: if the application relates to a new organism, the proposed plan does not adequately control the adverse effects of the organism or any inseparable organism (including, but not limited to, adequate control of the organism if the organism is likely to establish an undesirable self-sustaining population, taking into account the ease of destroying such a population). 2: When approving the substance or organism in accordance with subsection (1), the Authority shall impose the following controls: a: that the substance or organism only be released when an emergency has been declared under this Act or declared in accordance with the provisions of any other Act: b: that the organism or substance only be released for a specified type of emergency: c: that the organism or substance may only be released if the emergency is dealt with in accordance with a specified plan which includes: i: the measures which must be taken to avoid, remedy, or mitigate any actual or potential adverse effects from the use of that substance or organism: ii: the requirements for the disposal of the hazardous substance and any waste products: iii: the requirements for the eradication or control of any new organism. 3: Section 48(3) repealed 1 November 2022 section 20 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 49: Exemptions from provisions of Act in emergencies Subject to sections 49A to 50 a: the emergency; or b: the use of the substance or organism in the emergency— was not foreseeable. Section 49 amended 30 October 2003 section 28 Hazardous Substances and New Organisms Amendment Act 2003 Rapid assessment and approval of agricultural compounds and medicines in special emergencies Heading inserted 30 October 2003 section 29 Hazardous Substances and New Organisms Amendment Act 2003 49A: Interpretation In sections 49B to 49K adverse event section 46(1) agricultural compound section 2(1) government agency a: a department as defined in section 5 b: a Crown entity specified in Schedule 4 or 4A interested government agency medicine section 3 responsible Minister a: this Act; or b: the Agricultural Compounds and Veterinary Medicines Act 1997 c: the Biosecurity Act 1993 d: the Conservation Act 1987 e: the Fisheries Act 1996 f: the Health Act 1956 g: the Medicines Act 1981 special emergency section 49B Section 49A inserted 30 October 2003 section 29 Hazardous Substances and New Organisms Amendment Act 2003 Section 49A government agency amended 7 August 2020 section 135 Public Service Act 2020 Section 49A government agency amended 18 July 2013 section 57 Public Finance Amendment Act 2013 49B: Declaration of special emergency 1: A responsible Minister may declare an adverse event to be a special emergency if the adverse event is a matter that comes within the Minister's portfolio. 2: A declaration of a special emergency must be notified or published in the Gazette 3: A special emergency expires— a: on the close of the date (if any) specified in the declaration as the expiry date; or b: if paragraph (a) does not apply, then on the close of a date specified by notice in the Gazette Section 49B inserted 30 October 2003 section 29 Hazardous Substances and New Organisms Amendment Act 2003 Section 49B(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 49C: Application of sections 49D to 49K Sections 49D to 49K a: the special emergency is foreseeable; and b: the importation, release, or use of an agricultural compound or medicine in the special emergency is foreseeable. Section 49C inserted 30 October 2003 section 29 Hazardous Substances and New Organisms Amendment Act 2003 49D: Application for approval to use agricultural compound or medicine in special emergency 1: A person who does not have approval under this Act to do a thing specified in subsection (2) may apply to the Authority to do the thing in a special emergency. 2: The things are— a: import any agricultural compound or medicine for release; or b: manufacture an agricultural compound or medicine that is a hazardous substance otherwise in containment; or c: release any agricultural compound or medicine from containment; or d: use any agricultural compound or medicine in a manner that would contravene this Act or any regulations or any EPA notice 3: For the purposes of subsection (1),— a: it does not matter whether the application is made or approved before or after the special emergency has been declared: b: the applicant may import, release, or use the agricultural compound or medicine before the declaration of the special emergency has been notified or published in the Gazette Section 49D inserted 30 October 2003 section 29 Hazardous Substances and New Organisms Amendment Act 2003 Section 49D(2)(d) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 49E: Contents of application 1: An application under section 49D 2: Without limiting subsection (1), the Authority may require the following information: a: information to identify the agricultural compound or medicine and the hazardous substance or new organism that is or is contained in the agricultural compound or medicine; and b: information showing that the agricultural compound or medicine is necessary to deal with the special emergency; and c: a proposed plan for dealing with the use of the agricultural compound or medicine in the special emergency; and d: any reports by experts available from— i: the applicant: ii: any overseas regulatory agencies; and e: written confirmation by the applicant that the agricultural compound or medicine satisfies all relevant manufacturing practices and standards; and f: information on whether the agricultural compound or medicine has been approved for use in an overseas country; and g: information on whether approval for use of the agricultural compound or medicine has been declined in an overseas country; and h: information on the nature of the special emergency; and i: information on the nature of the agricultural compound or medicine; and j: information on the labelling of the agricultural compound or medicine; and k: all other prescribed information (if any). 3: The Authority may, by written notice given to the applicant, require the applicant to verify the application by statutory declaration. 4: An applicant may, by written notice to the Authority, withdraw the application at any time. Section 49E inserted 30 October 2003 section 29 Hazardous Substances and New Organisms Amendment Act 2003 49F: Determination of applications 1: As soon as practicable after receiving an application under section 49D 2: In determining whether to approve or decline the application, the Authority must— a: consult, and have particular regard to the views of, the Department of Conservation; and b: consult and consider the views of any other interested government agency; and c: consider all the information on the matters specified in section 49E 3: The Authority may decline the application only if it is satisfied that— a: the agricultural compound or medicine is not necessary for use in the special emergency; or b: if the application relates to a hazardous substance, the proposed plan does not adequately control the adverse effects of the hazardous substance; or c: if the application relates to a new organism, the proposed plan does not adequately control the adverse effects of the new organism or any inseparable organism (including, but not limited to, adequate control of the organism if the organism is likely to establish an undesirable self-sustaining population, taking into account the ease of destroying such a population). Section 49F inserted 30 October 2003 section 29 Hazardous Substances and New Organisms Amendment Act 2003 49G: Controls attaching to approval of application If the Authority approves an application under section 49F a: the measures that must be taken to avoid, remedy, or mitigate any actual or potential adverse effects from the use of the agricultural compound or medicine: b: the requirements for the disposal of the agricultural compound or medicine and any waste products: c: the requirements for the eradication or control of any new organism. Section 49G inserted 30 October 2003 section 29 Hazardous Substances and New Organisms Amendment Act 2003 49H: Notification or publication of approval of application 1: An approval under section 49F Gazette 2: The notified or published approval— a: must describe the special emergency to which it relates; and b: must specify where a copy of the plan for dealing with the use of the agricultural compound or medicine in the special emergency may be inspected or obtained; but c: need not specify what the approval has been granted for. 3: If the approval is only notified in the Gazette a: the notice must specify where a copy of the approval may be inspected or obtained; and b: the Authority must make copies of the approval available for inspection free of charge, and for purchase at a reasonable cost, at the head office of the Authority and at any other places that the Authority determines as necessary or appropriate. Section 49H inserted 30 October 2003 section 29 Hazardous Substances and New Organisms Amendment Act 2003 49I: Effect of approval of release 1: An approval for the importation, release, or use of an agricultural compound or medicine in a special emergency is limited to the importation, release, or use of the agricultural compound or medicine in the special emergency. 2: If an approval relates to a new organism, the organism does not cease to be a new organism because it is released in accordance with the approval. Section 49I inserted 30 October 2003 section 29 Hazardous Substances and New Organisms Amendment Act 2003 49J: Duration of approval An approval under section 49F a: the date of expiry (if any) of the special emergency specified by a responsible Minister in— i: the declaration declaring the special emergency; or ii: a later declaration declaring that the special emergency has ceased; or b: the date of expiry (if any) specified by the Authority in the approval, which must not be later than the date of expiry of the special emergency; or c: if paragraph (a) or paragraph (b) does not apply, 2 years after the date on which the approval is granted. Section 49J inserted 30 October 2003 section 29 Hazardous Substances and New Organisms Amendment Act 2003 49K: Consequences of expiry of approval On the expiry of an approval under section 49F Section 49K inserted 30 October 2003 section 29 Hazardous Substances and New Organisms Amendment Act 2003 Rapid assessment and approval of other hazardous substances in special emergencies Heading inserted 22 December 2005 section 14 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 49L: Rapid assessment and approval of other hazardous substances in special emergencies 1: Sections 49A to 49K 2: In this section, other hazardous substances sections 49A to 49K Section 49L inserted 22 December 2005 section 14 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Prohibited list organisms 50: Prohibited organisms 1: The importation or release or development of any organism specified in Schedule 2 2: The Governor-General may, by Order in Council made on the recommendation of the Minister, amend Schedule 2 a: add a new organism that the Authority has, under subsection (3), recommended to the Minister be included in the schedule: b: add a new organism, or group or groups of new organisms, that have adverse effects on the health and safety of people or the environment: c: remove an organism or group of organisms, but only if the organism was inserted by Order in Council. 2A: Subsection (2) applies subject to section 141 2B: An organism in Schedule 2 section 140(1)(ba) 3: The Authority may, after declining any application made under this Act in relation to an organism, recommend to the Minister that an Order in Council be made to include the organism in Schedule 2 a: the organism is likely to have any of the effects described in section 36 b: any likely adverse effects which may occur should the organism escape from containment would outweigh any likely beneficial effects of allowing the organism to be imported into containment. 4: The Authority, when making a recommendation under subsection (3), may advise the Minister that a group of organisms should be included in Schedule 2 5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 50(1) amended 30 October 2003 section 30(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 50(2) substituted 30 October 2003 section 30(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 50(2A) inserted 30 October 2003 section 30(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 50(2B) inserted 30 October 2003 section 30(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 50(3) amended 30 October 2003 section 30(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 50(4) amended 30 October 2003 section 30(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 50(5) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Transhipment 51: Transhipment of substances and organisms 1: Nothing in this Act shall apply to any hazardous substance or new organism transhipped through New Zealand where any person has— a: received approval from the Authority to tranship the hazardous substances or new organism; and b: complied with any controls that the Authority has imposed on the transhipment. 2: The Authority— a: shall decline approval to tranship any organism specified in Schedule 2 b: may, within 10 working days after receipt of the application,— i: decline approval to tranship any hazardous substance or new organism if the Authority considers that the substance or organism cannot be adequately contained so as to prevent the environment from being exposed to the substance or organism or any adverse effects of the substance or organism; or ii: approve the transhipment of any hazardous substance or new organism with such controls as the Authority thinks fit. Section 51(2)(a) amended 30 October 2003 section 31 Hazardous Substances and New Organisms Amendment Act 2003 Procedure for assessment 52: Applicant may be required to provide further information 1: Where the Authority considers that an applicant is able to provide further relevant information, the Authority may, by written notice given to the applicant not later than 10 working days after the receipt of the application, require the applicant to supply such further information relating to the application as is specified in the notice. 2: Where the applicant fails to comply with any request made in accordance with subsection (1) within 1 year after the date of the request, the application shall lapse. 53: Applications required to be publicly notified 1: The following applications shall be publicly notified by the Authority: a: ab: an application under section 38A , if the application has not been approved under section 38BA b: an application, under section 34 section 35 or section 38I c: an application, under section 34 , if the application has not been approved under section 38I d: an application, under section 40 e: an application under section 47 f: 1A: The Authority must publicly notify, in 1 or more public notices,— a: an application under section 96B b: the proposal to issue or amend (as the case may be) a group standard; and c: the Authority's assessment of the matters required under section 96C(1)(a), (b), (c), (d), and (e) 2: The Authority may, if it considers that there is likely to be significant public interest, publicly notify— a: an application under section 40 section 42C b: an application under section 40 section 42 42A 42B c: an application under section 28 section 28A 3: The public notice shall state— a: that any person may make a written submission on the application; and b: a closing date for receipt of submissions by the Authority c: the place where the application and accompanying information may be viewed, and the address for service of the Authority and the applicant unless that information has been withheld— i: in accordance with the Official Information Act 1982 ii: in accordance with 4: The Authority must notify the Minister when it receives an application that— a: is required to be publicly notified; or b: the Authority decides to publicly notify. Section 53(1)(a) repealed 20 April 2010 section 14(1) Hazardous Substances and New Organisms Amendment Act 2010 Section 53(1)(ab) inserted 30 October 2003 section 32(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 53(1)(ab) amended 20 April 2010 section 14(2) Hazardous Substances and New Organisms Amendment Act 2010 Section 53(1)(b) amended 30 October 2003 section 32(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 53(1)(c) amended 30 October 2003 section 32(3) Hazardous Substances and New Organisms Amendment Act 2003 Section 53(1)(f) repealed 5 September 2015 section 12(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 53(1A) inserted 5 September 2015 section 12(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 53(2) substituted 20 April 2010 section 14(3) Hazardous Substances and New Organisms Amendment Act 2010 Section 53(3)(b) amended 7 May 1999 section 5 Hazardous Substances and New Organisms Amendment Act 1999 Section 53(3)(c)(ii) amended 7 May 1999 section 15(b) Hazardous Substances and New Organisms Amendment Act 1999 Section 53(4) replaced 1 November 2022 section 6 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 53AA: Notification and consultation for applications under Part 5 1: The Authority must, when it receives an application made under a provision in Part 5 a: any department or Crown entity that, in the opinion of the Authority, is likely to have an interest in the application; and b: if the application is an application for approval of a new organism,— i: the Department of Conservation; and ii: any local authority if, in the opinion of the Authority, the local authority is likely to have an interest in the application; and c: if the application is an application for approval of a hazardous substance, WorkSafe. 2: Subsections (3) to (6) apply to all applications under sections 63A 63C 63D 3: The Authority may reassess an application under section 63A 63C 63D section 53 4: The Authority must consult in accordance with subsection (5) if the Authority— a: does not publicly notify an application in accordance with section 53 b: considers that the application will have— i: significant cultural, economic, environmental, ethical, health, or international effects; or ii: significant effects in an area in which the Authority lacks sufficient knowledge or expertise. 5: The Authority must— a: do everything reasonably practicable on its part to consult all persons who, in its opinion, are likely to be directly affected by the reassessment; and b: give those persons a reasonable opportunity to make submissions and comments to the Authority on the reassessment; and c: consider all submissions and comments received before approving or declining the application. 6: If the Authority is not required to consult by subsection (4), the Authority may consult any person before approving or declining the application. Section 53AA inserted 1 November 2022 section 7 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 53A: Method of public notification Section 53A repealed 5 September 2015 section 13 Hazardous Substances and New Organisms Amendment Act 2015 54: Submission on application 1: Any person may make a written submission on any publicly notified application to the Authority. 2: The submission— a: shall state the reasons for making the submission; and b: may state any decision sought; and c: shall state whether the person making the submission wishes to be heard. 3: The Authority shall forward a copy of every submission to the applicant as soon as reasonably practicable after receipt of it by the Authority. 55: Information held on behalf of applicant 1: Where any person— a: supplies any information to the Authority; and b: the information is likely to relate to an application for approval; and c: the relevant application has not yet been lodged with the Authority,— the information shall be held by the Authority on behalf of that person; and the provisions of the Official Information Act 1982 2: Where any information supplied under subsection (1) is held by the Authority on behalf of any person, that information shall be returned upon request. 3: Sections 23A to 23C a: the hazardous substance or new organism to which the application relates is or has been the subject of an innovative medicine application; and b: the confidential information is about that substance or organism; and c: the Minister of Health is, at the time the Authority wants to disclose or use the information, required under section 23B 4: Part 6 a: the hazardous substance or new organism to which the application relates is or has been the subject of an innovative TNP application; and b: the confidential information is about that substance or organism; and c: the Director-General is, at the time the Authority wants to disclose or use the information, required under Part 6 4A: 4B: 5: Despite subsections (3) and (4),— a: the Authority must make available a summary of the effects of a hazardous substance or new organism for the purposes of section 53(3)(c) b: the Authority may disclose confidential information to prescribed persons or organisations or persons or organisations within prescribed classes of persons or organisations. 6: For the purposes of subsection (5)(b), the Governor-General may, by Order in Council, make regulations prescribing persons, organisations, or classes of persons or organisations. 7: In this section, confidential information a: trade secrets: b: information with a commercial value that would, or would be likely to, be diminished by disclosure of the information. 8: Regulations under subsection (6) are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 55(3) replaced 8 November 2016 section 11 Agricultural Compounds and Veterinary Medicines Amendment Act 2016 Section 55(4) replaced 8 November 2016 section 11 Agricultural Compounds and Veterinary Medicines Amendment Act 2016 Section 55(4A) repealed 8 November 2016 section 11 Agricultural Compounds and Veterinary Medicines Amendment Act 2016 Section 55(4B) repealed 8 November 2016 section 11 Agricultural Compounds and Veterinary Medicines Amendment Act 2016 Section 55(5) replaced 8 November 2016 section 11 Agricultural Compounds and Veterinary Medicines Amendment Act 2016 Section 55(6) replaced 8 November 2016 section 11 Agricultural Compounds and Veterinary Medicines Amendment Act 2016 Section 55(7) replaced 8 November 2016 section 11 Agricultural Compounds and Veterinary Medicines Amendment Act 2016 Section 55(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 56: Consideration of information withheld under Official Information Act 1982 Any information withheld from any person in accordance with section 9(2)(b) 57: Authority to withhold information 1: Where, in the Authority's opinion, any information which has been supplied to the Authority in respect of any application may be able to be withheld under section 9(2)(b) 2: Where— a: the Authority receives a request to release any information held by the Authority under the Official Information Act 1982 b: the information to which the request relates,— i: in the Authority's opinion, may be able to be withheld under section 9(2)(b) ii: has been classified as commercially sensitive by the person who gave the information to the Authority,— the Authority shall make all reasonable efforts to contact and notify immediately 3: Where a person receives notice from the Authority under subsection (2), that person shall, within 10 working days of receipt of the notice, respond to the Authority stating whether that person believes that the information should be withheld under section 9(2)(b) 4: The Authority may release the information or withhold the information in accordance with the Official Information Act 1982 a: the Authority has complied with subsection (2); and b: the time limit specified in subsection (3) has expired. Section 57(2) amended 30 October 2003 section 34(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 57(4) substituted 30 October 2003 section 34(2) Hazardous Substances and New Organisms Amendment Act 2003 58: Further information 1: The Authority— a: may commission a report or seek advice from any person on any matters raised in relation to the application, including a review of any information provided by the applicant: b: may obtain any existing relevant information on the substance or organism which is the subject of the application from any source: c: must consult with all departments or Crown entities notified of the application in accordance with section 53(4) i: if any application is for approval to import, develop, field test, conditionally release, or release a new organism, have particular regard to any submissions made by the Department of Conservation; and ii: if any application is for approval to import or manufacture a hazardous substance, have particular regard to any submissions made by WorkSafe. 1A: Any report, advice, or other information obtained under subsection (1) may be considered at any hearing conducted by the Authority. 2: Where the Authority obtains further information under subsection (1), the Authority, at least 10 section 9(2)(b) 3: Where information is requested in accordance with subsection (1), the Authority may postpone the hearing or consideration of the application until the information has been received. Section 58(1)(c) replaced 1 December 2017 section 14 Hazardous Substances and New Organisms Amendment Act 2015 Section 58(1A) inserted 31 December 2000 section 21(1) Hazardous Substances and New Organisms Amendment Act 2000 Section 58(2) amended 31 December 2000 section 21(2) Hazardous Substances and New Organisms Amendment Act 2000 59: Time limits and waivers 1: The Authority shall,— a: where public notification of an application is required by section 53(1), (1A)(a), and (2) paragraph (b) b: if any of sections 28A 35 38BA 38I 42 42A 42B 42C i: make a rapid assessment of the application within 10 working days after receipt of the application; and ii: if the application is not approved under one of those sections, publicly notify the application, if required under this Act, within 10 working days of the Authority's decision: c: allow 30 working days from the date of public notification for the receipt of submissions: d: fix a date for commencement of the hearing or (where there is no hearing) for consideration of the application, being not more than 30 e: give the applicant at least 10 working days' notice of the commencement date and the time and place of the hearing or consideration of the application: f: give every person who has made a submission on the application and who has stated his or her wish to be heard, at least 10 working days' notice of the commencement date and the time and place of the hearing. 2: The Authority shall publicly notify its decision as soon as reasonably practicable but not later than 30 working days 3: A person may apply to the Authority to— a: waive a requirement of this Act or a regulation or an EPA notice i: the time within which any action shall be carried out; or ii: the information that shall be supplied; or b: give a direction concerning— i: the time within which any action shall be carried out; or ii: the terms, including terms as to adjournment, costs, or other matters, on which any information shall be supplied. 4: The Authority shall not extend or reduce a: the applicant and the persons making submissions consent to that waiver; or b: any of those parties who have not so consented will not be unduly prejudiced. 5: Subject to subsection (4), the Authority may at any time extend or reduce a: an application has been made under this section; or b: that time limit has expired,— but in all cases must ensure the matter is carried out as promptly as is reasonable in the circumstances. 6: If the relevant CPTPP or TPP provision applies to an application to which subsection (1)(c) applies, the Authority must act under subsection (5) to extend (or further extend) the time limit given by subsection (1)(c) as the Authority considers appropriate to give effect to the relevant CPTPP or TPP provision. 7: An extension given for the purposes of subsection (6) applies for all submissions. 8: In subsection (6), relevant CPTPP or TPP provision a: Article 8.7.14 of the Trans-Pacific Partnership Agreement (done at Auckland on 4 February 2016) (technical barriers to trade: transparency: periods to comment on proposals): b: that provision as incorporated into the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, done at Santiago, Chile, on 8 March 2018, by Article 1.1 of that agreement. 9: Subsection (4) does not apply where the Authority is acting under subsection (5) for the purposes of subsection (6). Section 59(1)(a) amended 5 September 2015 section 15(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 59(1)(a) amended 30 October 2003 section 36(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 59(1)(b) substituted 30 October 2003 section 36(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 59(1)(b) amended 20 April 2010 section 15 Hazardous Substances and New Organisms Amendment Act 2010 Section 59(1)(d) amended 31 December 2000 section 22(2) Hazardous Substances and New Organisms Amendment Act 2000 Section 59(2) amended 30 October 2003 section 36(3) Hazardous Substances and New Organisms Amendment Act 2003 Section 59(3)(a) amended 5 September 2015 section 15(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 59(4) amended 31 December 2000 section 22(3) Hazardous Substances and New Organisms Amendment Act 2000 Section 59(5) amended 31 December 2000 section 22(4) Hazardous Substances and New Organisms Amendment Act 2000 Section 59(6) inserted 30 December 2018 section 58 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 59(7) inserted 30 December 2018 section 58 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 59(8) inserted 30 December 2018 section 58 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 59(9) inserted 30 December 2018 section 58 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 59A: Joint processing and decision making on related applications 1: This section applies if— a: the Authority receives related applications; and b: at least 1 of the applications is publicly notified in accordance with section 53 section 53AA(4) c: the Authority considers that decisions on the applications should be made on the same date. 2: The Authority may extend a time period that applies to the processing of the related applications to ensure that— a: they are heard (if more than 1 application is to be heard) at the same time and place; and b: decisions on the applications are made on the same date. 3: However, the Authority may not extend the time period beyond the latest date that applies to the related applications. 4: In this section, related applications 2012 No 72 s 44 Section 59A inserted 1 November 2022 section 8 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 60: Obligation to hold hearing A hearing of any application need not be held unless— a: the Authority considers that a hearing is necessary; or b: the applicant has made a written request to the Authority for a hearing; or c: a person who has made a submission stated in that submission that he or she wishes to be heard and has not subsequently advised that he or she does not wish to be heard. 61: Provisions relating to hearings 1: The Authority shall consider and decide any application, other than an application which is the subject of a Ministerial direction under section 68 2: The Authority shall keep a record of all proceedings before it. 3: For the purpose of considering any application, the Authority shall have the same powers as are conferred on a Commission of Inquiry by the Commissions of Inquiry Act 1908 sections 4 4B 4D 6 7 9 11 12 4: The members of the Authority shall have, in relation to any such consideration and any decision on any matter, the same immunities and privileges as are possessed by a District Court Judge. 4A: Subsection (4) applies despite section 121 5: Every summons to a witness to appear at a hearing shall be in an approved form 6: All allowances for a witness shall be paid by the party on whose behalf the witness is called. 7: The Authority shall hold any hearing of a publicly notified application a: permit cross-examination; or b: permit questions in clarification; or c: permit only the members of the Authority to question any person. 8: At the hearing, the applicant and any person who made submissions and stated that they wished to be heard may speak (either personally or through a representative) and call evidence. 9: Where any person who has stated that he or she wished to be heard fails to appear at the hearing, the Authority may nevertheless proceed with the hearing if it considers it fair and reasonable to do so. Section 61(4A) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 61(5) amended 31 December 2000 section 23 Hazardous Substances and New Organisms Amendment Act 2000 Section 61(7) amended 7 May 1999 section 6 Hazardous Substances and New Organisms Amendment Act 1999 62: Grounds for reassessment of substance or organism 1: Any person (including the chief executive of the Authority) may at any time request the Authority to decide whether there are grounds for reassessing any of the following where the organism or substance has previously been assessed by the Authority: a: any new organism in containment: b: any conditionally released new organism: c: any qualifying organism released with controls: d: any hazardous substance. 2: If a request has been made under subsection (1), the Authority may decide that grounds exist to reassess the organism or substance after taking into account— a: that significant new information relating to the effects of the organism or substance has become available; or b: any change in controls under the Health and Safety at Work Act 2015 c: that another substance with similar or improved beneficial effects and reduced adverse effects has become available; or d: that information showing a significant change of use, or a significant change in the quantity manufactured, imported, or developed, has become available; or e: whether the substance has been included in the reassessments work plan required by section 20C 3: For the purposes of subsection (1) assessed by the Authority sections 28A 29 32 38BA 38C 38I 42 42A 42B 42C 45 48 section 73 section 160A Section 62(1) replaced 1 November 2022 section 21 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 62(2) replaced 1 November 2022 section 21 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 62(3) replaced 1 November 2022 section 21 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 62(4) repealed 1 November 2022 section 21 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 63: Reassessment 1: Any person (including the chief executive of the Authority) may request the Authority to proceed with a reassessment following a decision under section 62(2) 2: A reassessment under this section shall be deemed to be an application and shall be publicly notified in accordance with section 53 a: section 29 sections 54 to 61 section 28A b: sections 30 32 c: sections 39 to 45 sections 54 to 61 section 42 42A 42B 42C 45 ca: sections 38A to 38D 54 to 61 cb: sections 38I to 38L 54 to 58 d: sections 47 48 sections 54 to 61 3: However, a reassessment of a qualifying organism released with controls is not required to be publicly notified in accordance with section 53 Section 63(1) replaced 1 November 2022 section 22 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 63(2)(a) amended 2 July 2001 section 25 Hazardous Substances and New Organisms Amendment Act 2000 Section 63(2)(c) amended 20 April 2010 section 17 Hazardous Substances and New Organisms Amendment Act 2010 Section 63(2)(ca) inserted 30 October 2003 section 38(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 63(2)(cb) inserted 30 October 2003 section 38(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 63(3) added 30 October 2003 section 38(2) Hazardous Substances and New Organisms Amendment Act 2003 63A: Modified reassessment procedure for amendments to approvals of hazardous substances 1: Despite anything to the contrary in this Act, the Authority may, following a decision under section 62(2) a: a reassessment of the hazardous substance under section 63 b: the amendment is not a minor or technical amendment to which section 67A 2: A reassessment under this section— a: may vary the EPA b: may not revoke an approval given to a hazardous substance under this Act to import or manufacture the substance. 3: A reassessment under this section is deemed to be an application, and sections 53AA 55 to 61 4: 5: 6: The Authority may approve or decline an application for reassessment under this section as it considers appropriate after taking into account— a: all the effects associated with the reassessment; and b: the best international practices and standards for the safe management of hazardous substances. 7: Sections 77 77A 77B 8: Section 65(e) Section 63A inserted 22 December 2005 section 16 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 63A(2)(a) amended 1 December 2017 section 17(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 63A(3) amended 1 November 2022 section 23(1) Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 63A(4) repealed 1 November 2022 section 23(2) Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 63A(5) repealed 1 November 2022 section 23(2) Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 63A(7) replaced 1 December 2017 section 17(2) Hazardous Substances and New Organisms Amendment Act 2015 63B: Proposal for group standard may be consulted on in same way as reassessment 1: This section applies if the Authority— a: decides to reassess a hazardous substance under section 63A section 53 b: proposes to issue, amend, or revoke (under section 96B 2: The Authority may consult on the following matters, in accordance with section 63A(5) a: the proposal to issue, amend, or revoke the group standard; and b: its assessment of the matters referred to in section 53(1A)(c) 3: If the Authority consults in accordance with subsection (2), then the public notice requirements of sections 53(1A) 96C(2) 96D Section 63B inserted 20 April 2010 section 18 Hazardous Substances and New Organisms Amendment Act 2010 Section 63B(2)(b) amended 5 September 2015 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 63B(3) amended 5 September 2015 section 54 Hazardous Substances and New Organisms Amendment Act 2015 63C: Modified reassessment to change controls in other cases 1: Despite anything to the contrary in this Act, the Authority may reassess a hazardous substance in accordance with this section if the Authority considers that— a: a reassessment of the hazardous substance under section 63 b: the amendment is not a minor or technical amendment to which section 67A c: the reassessment is necessary because of a change in the hazard classification system, controls in regulations, EPA controls, or controls under the Health and Safety at Work Act 2015 2: A reassessment under this section— a: may vary 1 or more of the following: i: the EPA controls that attach to a hazardous substance: ii: the description of a hazardous substance: iii: the hazard classification of a hazardous substance; but b: may not revoke an approval given to import or manufacture a hazardous substance under this Act. 3: A reassessment under this section is deemed to be an application, and sections 53AA 55 to 61 4: 5: a: do everything reasonably practicable on its part to consult with all persons who, in its opinion, may be affected by the reassessment; and b: give those persons a reasonable opportunity to make submissions and comments to the Authority on the reassessment; and c: consider all submissions and comments received. 6: The Authority may approve or decline an application for reassessment under this section as it considers appropriate after taking into account— a: all the effects associated with the reassessment; and b: the best international practices and standards for the safe management of hazardous substances. 7: Section 65(e) 8: Sections 77 77A 77B 9: This section does not limit the operation of section 77(2)(a) Section 63C inserted 1 December 2017 section 18 Hazardous Substances and New Organisms Amendment Act 2015 Section 63C(3) amended 1 November 2022 section 24(1) Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 63C(4) repealed 1 November 2022 section 24(2) Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 63C(5) repealed 1 November 2022 section 24(2) Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 63D: Modified reassessment to align classifications 1: Despite anything to the contrary in this Act, the Authority may reassess a hazardous substance in accordance with this section if the Authority is satisfied that— a: a reassessment of the hazardous substance under section 63 b: the amendment is not a minor or technical amendment to which section 67A c: the reassessment is necessary to change a hazard classification or control to align with— i: the equivalent of a hazard classification or control that has been set by an international regulator; or ii: a hazard classification or control of a related substance that was the subject of an Authority decision after the hazardous substance was approved by the Authority. 2: A reassessment under this section— a: may vary 1 or more of the following: i: the EPA controls that attach to a hazardous substance: ii: the description of a hazardous substance: iii: the hazard classification of a hazardous substance; but b: may not revoke an approval given to import or manufacture a hazardous substance under this Act. 3: A reassessment under this section is treated as an application, and sections 53AA 55 to 61 4: The Authority may approve or decline an application for reassessment under this section as it considers appropriate after taking into account— a: all the effects associated with the reassessment; and b: the best international practices and standards for the safe management of hazardous substances. 5: Section 65(e) 6: Sections 77 77A 77B 7: This section does not limit the operation of section 77(2)(a) 8: An applicant relying on subsection (1)(c)(i) must provide the Authority with evidence of the right to use the information relied on in the application. 9: The Authority must not reassess a hazardous substance under this section more than once in a 12-month period. Section 63D inserted 1 November 2022 section 9 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 64: Suspension of approvals during reassessment Where an application to reassess section 63(2) Gazette Section 64 amended 1 November 2022 section 25 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 64A: Temporary restriction of use during reassessment 1: The Authority may, by notice in the Gazette a: a decision under section 62(2) b: the Authority has not approved or declined a reassessment application relating to the decision under section 62(2) c: the Authority has reasonable cause to believe that there is actual or likely danger to human health or safety or the environment from the use of the substance; and d: the Authority has consulted the persons who the Authority considers are likely to be directly affected by the restriction of use. 2: The notice— a: may prohibit the use of a hazardous substance in specified circumstances or places, or by specified classes of persons; but b: must not prohibit the use of the hazardous substance generally. 3: The notice— a: must identify the nature of the restriction, including any conditions, on the use of the hazardous substance; and b: remains in force until the earliest of the following: i: the date on which the Authority approves or declines a reassessment application relating to the hazardous substance: ii: the date on which the applicant withdraws a reassessment application relating to the hazardous substance: iii: the date that is 1 year after the date of notification in the Gazette section 62(2) 4: The Authority must publish the notice on an Internet site maintained by or on behalf of the Authority as soon as practicable after the notice has been published in the Gazette Section 64A inserted 1 November 2022 section 10 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 65: No compensation following reassessment Where any hazardous substance or new organism is reassessed in accordance with section 63 63A 63C 63D section 64A section 96B(3) a: declines to allow any further importation or manufacture of that substance; or b: declines to approve the release of any new organism from containment; or c: declines to approve any further importation, field testing, or development of any new organism in containment; or d: suspends any approval in accordance with section 64 e: varies the controls on any substance or organism; or f: imposes a restriction under section 64A Section 65 amended 1 November 2022 section 26(1) Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 65 amended 1 December 2017 section 19 Hazardous Substances and New Organisms Amendment Act 2015 Section 65(f) inserted 1 November 2022 section 26(2) Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 66: Requirement for disposing of substances 1: Where any hazardous substance has been reassessed in accordance with section 63 Gazette 2: Where the use of any hazardous substance is prohibited in accordance with subsection (1), the Authority may, if it thinks fit, add to or vary the controls on disposal of that substance to control any additional adverse effects of disposal of that substance in accordance with subsection (1), disclosed during reassessment. 66A: Disposal of persistent organic pollutants 1: If Schedule 2A a: no person may use the substance; and b: the Authority may issue a direction, by notice 2: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 66A inserted 23 December 2004 section 11 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Section 66A(1)(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 66A(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 67: Authority to direct disposal of new organisms Following any decision to— a: decline approval to release any new organism from containment; or b: decline approval to import, field test, or develop any new organism,— the Authority may direct the owner of any such organism already in New Zealand to dispose of the organism at the owner's expense in accordance with the terms of the approval under which the organism was imported, field tested, or developed. 67A: Minor or technical amendments to approvals The Authority may, of its own motion, amend any approval given by it under this Part if it considers that the alteration is minor in effect or corrects a minor or technical error. Section 67A inserted 31 December 2000 section 26 Hazardous Substances and New Organisms Amendment Act 2000 67B: Revoking duplicated approvals 1: The Authority may, by notice a: a group standard; or b: a Part 5 2: The Authority may, but is not required to, consult any person or organisation before revoking an approval, a deemed approval, or a group standard under this section. 3: A notice under this section— a: must be published in the Gazette b: is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 67B inserted 1 December 2017 section 20 Hazardous Substances and New Organisms Amendment Act 2015 Section 67B(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 67B(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Minister's call-in powers 68: Minister's power to call in applications with significant effects 1: The Minister may direct that he or she will decide an application under this Act if the Minister considers that the decision on the application will have— a: significant cultural, economic, environmental, ethical, health, international, or spiritual effects; or b: significant effects in an area in which the Authority lacks sufficient knowledge or experience. 1A: However, a direction under this section applies to an application that relates to any hazardous substances only if the application is one to which section 53(4) 2: The direction shall include the Minister's reasons for giving it. 2A: Sections 114 115 2B: This section applies despite section 113 3: Where the application is for approval to release from containment any new organism, the Minister, in the Minister's discretion, may include in the direction given under subsection (1) a statement specifying, in the circumstances of the particular case, what is or is not significant for the purposes of applying section 36 Section 68(1) substituted 30 October 2003 section 39 Hazardous Substances and New Organisms Amendment Act 2003 Section 68(1A) inserted 1 December 2017 section 21 Hazardous Substances and New Organisms Amendment Act 2015 Section 68(1A) amended 1 November 2022 section 27 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 68(2A) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 68(2B) inserted 25 January 2005 section 200 Crown Entities Act 2004 69: Notification of Minister's direction 1: A direction by the Minister under section 68 Gazette 30 working days after the date on which the Authority gives public notice of the application 2: The Minister shall forward a copy of the Gazette sections 71 72 Section 69(1) amended 30 October 2003 section 40 Hazardous Substances and New Organisms Amendment Act 2003 70: Minister may appoint persons Where the Minister directs that the Minister will decide any application in accordance with section 68 sections 71 72 71: Conduct of inquiry by Authority 1: On receipt of a notice under section 69 section 68 2: The Authority may require further information under section 52 3: Sections 53 to 61 4: The Authority— a: must hold an inquiry in public; and b: must consider— i: all matters under this Act relevant to the application; and ii: the Minister's reasons for giving the direction under section 68 Section 71(4) substituted 30 October 2003 section 41 Hazardous Substances and New Organisms Amendment Act 2003 72: Authority to report to Minister 1: On completion of an inquiry under section 71 2: After receiving a report from the Authority, the Minister shall ensure that— a: a copy of the report is sent to the applicant for any approval to which the report relates; and b: a copy of the report is sent to every person who made a submission. 73: Minister to decide application and notify decision 1: When considering his or her decision on the application, the Minister shall have regard to— a: the report and recommendations of the Authority; and b: the reasons for calling in the application. 2: Within 20 working days after receiving a report from the Authority, the Minister shall give his or her decision in writing, including reasons for the decision, give written notice of the decision to the applicant and every person who made a submission, and publicly notify the decision. 3: Every decision by the Minister under this section may include such controls as may be imposed by the Authority under Section 73(3) amended 30 October 2003 section 42 Hazardous Substances and New Organisms Amendment Act 2003 5A: Restrictions on approving certain applications Part 5A repealed 30 October 2003 section 43(1) Hazardous Substances and New Organisms Amendment Act 2003 73A: Interpretation Section 73A repealed 30 October 2003 section 43(1) Hazardous Substances and New Organisms Amendment Act 2003 73B: Application Section 73B repealed 30 October 2003 section 43(1) Hazardous Substances and New Organisms Amendment Act 2003 73C: Authority must not consider or approve certain applications during restricted period Section 73C repealed 30 October 2003 section 43(1) Hazardous Substances and New Organisms Amendment Act 2003 73D: Additional information required for certain applications Section 73D repealed 30 October 2003 section 43(1) Hazardous Substances and New Organisms Amendment Act 2003 73E: Additional matters Authority must consider for certain applications Section 73E repealed 30 October 2003 section 43(1) Hazardous Substances and New Organisms Amendment Act 2003 73F: No compensation Section 73F repealed 30 October 2003 section 43(1) Hazardous Substances and New Organisms Amendment Act 2003 73G: Expiry Section 73G repealed 30 October 2003 section 43(1) Hazardous Substances and New Organisms Amendment Act 2003 6: EPA controls Part 6 heading amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Hazard classification system 74: Establishment of hazard classification system The Authority may from time to time, in accordance with section 76C a: prescribing, for each intrinsic hazardous substance property, a number of degrees or types of hazard, which may be done by reference to an international system or by incorporation of material under section 141A b: prescribing, for each intrinsic hazardous substance property, a degree of hazard below which any substance is not considered hazardous, which may be done by reference to an international system or by incorporation of material under section 141A c: prescribing, for gases under pressure, a physical state when packaged: d: prescribing substances as substances that are not hazardous for the purpose of this Act. Section 74 replaced 1 December 2017 section 22 Hazardous Substances and New Organisms Amendment Act 2015 75: Authority may prescribe hazardous property controls 1: The Authority may from time to time, in accordance with section 76C a: for substances with explosive properties: i: to reduce the likelihood of an unintended explosion: ii: to control the adverse effects likely to be caused by an explosion: b: for substances with flammable properties: i: to reduce the likelihood of an unintended fire or explosion: ii: to control the adverse effects of any fire or explosion: c: for substances with oxidising properties: i: to reduce the likelihood of any unintended release of chemical energy as an explosion or fire: ii: to control the adverse effects of any release of chemical energy as an explosion or fire: d: for substances with corrosive properties: i: to reduce the likelihood of any unintended corrosion: ii: to control the adverse effects of any corrosion: e: for substances with toxic properties: i: to reduce the likelihood of any unintended exposure to any such substances: ii: to control the adverse effects of any exposure to such substances: f: for substances with ecotoxic properties— i: to reduce the likelihood of unintended exposure to any such substance: ii: to control the adverse effects of any exposure to such substances. g: 2: 3: Any notice a: set, or provide for the setting of, exposure limits within a range of values, or according to a methodology: b: set, or provide for the setting of, exposure limits by adopting international values or international methodologies. Section 75 heading replaced 1 December 2017 section 23(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 75(1) amended 1 December 2017 section 23(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 75(1)(f) replaced 1 December 2017 section 23(3) Hazardous Substances and New Organisms Amendment Act 2015 Section 75(1)(g) repealed 1 December 2017 section 23(3) Hazardous Substances and New Organisms Amendment Act 2015 Section 75(2) repealed 1 December 2017 section 23(4) Hazardous Substances and New Organisms Amendment Act 2015 Section 75(3) added 22 December 2005 section 17 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 75(3) amended 1 December 2017 section 23(5) Hazardous Substances and New Organisms Amendment Act 2015 76: Authority may prescribe controls and requirements relating to hazardous substances 1: The Authority may, from time to time, in accordance with section 76C a: prescribe requirements for packages or containers for hazardous substances: b: prescribe requirements for the identification, labelling, and advertising of hazardous substances, and requirements for safety data sheets: c: prescribe requirements for disposal of hazardous substances: d: prescribe qualifications and other requirements that persons must hold or meet in order to obtain or handle— i: hazardous substances other than in a workplace: ii: hazardous substances with ecotoxic properties: e: prescribe requirements for content controls: f: prescribe EPA controls on any gases under pressure, whether or not the properties of any gas that is under pressure are intrinsically hazardous: g: prescribe EPA controls for any hazardous substance to avoid or mitigate any adverse effects on the physical or chemical nature of the environment: h: prescribe EPA controls to avoid or mitigate illness or injury to people or damage to the environment or chattels from any hazardous substance: i: prescribe EPA controls for by-products with hazardous properties, which result from the manufacture or use of any substance: j: prescribe technical restrictions and prohibitions on the sale of specified fireworks. 2: Gases under pressure that are subject to EPA controls under subsection (1)(f) must be treated as hazardous substances for the purposes of Part 7 3: EPA controls may be prescribed under subsection (1)(i) only if the Authority is satisfied that the controls on any by-product with hazardous properties under this Act or any other Act are not sufficient to achieve the purposes of this Act. 4: The Authority may, in any EPA notice,— a: prescribe EPA controls for any specified hazardous substance or hazardous substances of a specified class: b: prescribe or provide for EPA controls by reference to controls prescribed under any other Act. Section 76 replaced 1 December 2017 section 24 Hazardous Substances and New Organisms Amendment Act 2015 76A: Authority may prescribe other matters relating to hazardous substances The Authority may, in accordance with section 76C a: prescribes the method of estimating the quantity of any substance to be imported or manufactured: b: prescribes countries for the purposes of sections 28 31 c: prescribes information to be provided to the Authority with any application for approval of any hazardous substance: d: prescribes, whether by reference to any specified classes of importers or manufacturers or on some other basis,— i: information that importers or manufacturers must provide to the Authority; and ii: related requirements, including the making available of, or the giving of, any notice or information about specified activities, matters, or things to the Authority or to an enforcement officer: e: prescribes forms for the purposes of this Act that relate to any hazardous substances: f: prescribes documentation to be issued in respect of any hazardous substance before importation into New Zealand: g: prescribes qualifications for enforcement officers appointed under section 100 h: prescribes who is an importer or a manufacturer, which may be done by reference to any classes or otherwise: i: provides for any matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect. Section 76A inserted 5 September 2015 section 24 Hazardous Substances and New Organisms Amendment Act 2015 Section 76A(a), (b), (c), (e), (i) brought into force 1 December 2017 clause 2 Hazardous Substances and New Organisms Amendment Act 2015 Commencement Order 2017 76B: Further provisions relating to EPA notices 1: An EPA notice issued under section 74 75 76 76A a: be of general or limited application: b: differ according to differences in time, place, or circumstance, or any other basis: c: impose prohibitions: d: impose obligations and restrictions on persons: e: apply differently to people of a differing age or health status, and may apply only to people of a particular age or health status. 2: An EPA notice made under subsection (1) is not invalid merely because it confers a discretion on, or allows a matter to be determined or approved by, any person. 3: The Authority may, in any EPA notice, include transitional and savings provisions for the purpose of giving effect to any matters arising from the notice that are necessary because of the coming into effect of the notice. Section 76B inserted 5 September 2015 section 24 Hazardous Substances and New Organisms Amendment Act 2015 76C: Procedure for issuing EPA notices 1: Before issuing an EPA notice, the Authority must— a: publicly notify its intention to issue the notice; and b: give interested persons a reasonable time, which must be specified in the notification published under paragraph (a), to make submissions on the proposal; and c: consult any persons, representative groups within the hazardous substances industry or elsewhere, government departments, WorkSafe, and Crown entities that the Authority considers appropriate in each case. 2: Before issuing an EPA notice, the Authority must have regard, and give any weight that it considers appropriate in each case, to the following: a: the costs and benefits of implementing measures for which the notice is being proposed: b: the best international practices and standards for the safe management of hazardous substances: c: any other matters that the EPA considers appropriate in the circumstances. 3: An EPA notice must— a: be signed by the chairperson of the Authority; and b: set out fully the requirements of the notice, except where certain information is incorporated in the notice by reference; and c: include a statement of the objective of the notice; and d: 4: 5: The Authority may amend or revoke any EPA notice and the amendment or revocation is subject to subsections (1) to (3), except as provided by subsection (6). 6: The Authority may, on its own initiative, amend an EPA notice without complying with subsections (1) and (2), if it considers that the amendment is minor in effect or corrects a minor or technical error. 7: A failure to comply with subsections (1), (3), and (4) does not affect the validity of any EPA notice made under this Act. Section 76C inserted 5 September 2015 section 24 Hazardous Substances and New Organisms Amendment Act 2015 Section 76C(3)(d) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 76C(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 76D: Application of Legislation Act 2019 to EPA notices 1: An EPA notice, or an amendment to or revocation of an EPA notice, is secondary legislation ( see Part 3 2: A statement setting out the extent of the consultation under section 76C The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (1). Legislation Act 2019 requirements for secondary legislation referred to in subsection (1) Publication The maker must: LA19 ss 73 74(1)(a) cl 14 • publish it in the Gazette • publicly notify it with a statement stating the extent of consultation that took place before the notice was made (see section 2 public notice • comply with subsection (2) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 76D replaced 28 October 2021 section 3 Secondary Legislation Act 2021 76E: Authority may recognise overseas bodies as international regulators 1: The Authority may, by notice in the Gazette sections 28A 63D 2: Before recognising an overseas body, the Authority must— a: publicly notify its intention to issue the notice; and b: give interested persons a reasonable time, which must be specified in the notification published under paragraph (a), to make submissions on the proposal; and c: consult any persons, representative groups within the hazardous substances industry or elsewhere, government departments, WorkSafe, and Crown entities whom the Authority considers appropriate in each case. 3: The Authority must not recognise an overseas body unless the Authority has considered whether— a: the body operates in a manner comparable to the Authority in regulating hazardous substances; and b: the legislative regime regulating hazardous substances in which the body operates is comparable to this Act; and c: the information from the body is readily accessible by the Authority. 4: The Authority may amend a notice made under this section— a: to recognise, or revoke recognition of, 1 or more overseas bodies as international regulators— i: in accordance with subsections (1) and (2); and ii: having considered the criteria in subsection (3)(a) to (c); and b: without complying with subsections (2) and (3), if it considers that the amendment is minor in effect or corrects a minor or technical error. Section 76E inserted 1 November 2022 section 11 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 77: EPA controls 1: Where the Authority has approved the importation or manufacture of any substance under section 28A section 29 degree or type of hazard of that substance, if applicable 2: The controls prescribed by any regulations, and the EPA controls prescribed by any EPA notice, for each hazard classification attach to the substance, but may be varied,— a: from time to time, by amendments to the regulations or notice prescribing the controls for the relevant hazard classification: b: at the time the substance is approved, in accordance with subsections (3), (4), and (5). 2A: Nothing in any regulations or EPA notice referred to in subsection (2)(a) affects any variations made by the Authority under subsections (3) to (5) before the commencement of the regulations or notice, unless the Authority determines otherwise. 3: The Authority may substitute or add any controls prescribed for any classification,— a: where the adverse effects identified for a substance are greater than the adverse effects which would usually be associated with substances given that hazard classification; or b: where another substance with similar or improved beneficial effects and reduced adverse effects has become available and the availability of the substance should be restricted by the imposition of additional controls; or c: where the scientific and technical uncertainty in the available information is such that the adverse effects cannot be accurately identified. 4: The Authority may substitute or delete any or all controls prescribed for any classification,— a: where the adverse effects identified for a substance are less than the adverse effects which would usually be associated with substances given that hazard classification; or b: where the benefits of any substance are such that the controls should be varied to retain the benefits and the variation would, in the opinion of the Authority, not significantly increase the adverse effect. 5: Where any substance is given 2 or more hazard classifications, the Authority shall combine the prescribed controls and impose such of those controls as will control all of the adverse effects identified for the substance. 6: Where any controls are varied or deleted in accordance with subsection (3) or subsection (4), the Authority shall ensure that the controls remain consistent over the whole life cycle of the substance concerned. 7: Any restrictions and prohibitions on the sale of fireworks prescribed under section 76(1)(j) 140(1)(r) or (s) 8: The powers under sections 77A 77B Section 77 heading amended 1 December 2017 section 25(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 77(1) amended 1 December 2017 section 25(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 77(1) amended 2 July 2001 section 27 Hazardous Substances and New Organisms Amendment Act 2000 Section 77(2) replaced 1 December 2017 section 25(3) Hazardous Substances and New Organisms Amendment Act 2015 Section 77(2A) replaced 1 December 2017 section 25(3) Hazardous Substances and New Organisms Amendment Act 2015 Section 77(7) replaced 1 December 2017 section 25(4) Hazardous Substances and New Organisms Amendment Act 2015 Section 77(8) added 22 December 2005 section 18 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 77A: Authority's power to impose EPA 1: The Authority may, at the time it approves a substance for any purpose under this Act, impose as controls under this section any obligations and restrictions that the Authority thinks fit for the purpose of setting EPA controls 2: Without limiting anything in subsection (1), the Authority may, in approving a substance, specify as an EPA control under this section— a: an obligation to obtain a permission under section 95A b: a restriction on the use of a substance. 3: Obligations and restrictions imposed under this section are EPA a: be additional to other specified controls; or b: vary other specified controls; or c: be in substitution for other specified controls; or d: combine other specified controls; or e: delete other specified controls. 4: Before imposing a control under this section, the Authority must be satisfied that, either— a: against any other specified controls that apply to the substance,— i: the proposed control is more effective in terms of its effect on the management, use, and risks of the substance; or ii: the proposed control is more cost-effective in terms of its effect on the management, use, and risks of the substance; or iii: the proposed control is more likely to achieve its purpose; or b: in the case of a control that is a restriction on the use of a hazardous substance, the positive effects of the substance when restricted to that use outweigh the adverse effects. 5: In this section, other specified controls Section 77A inserted 24 March 2004 section 5 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 Section 77A heading amended 1 December 2017 section 26(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 77A(1) amended 1 December 2017 section 26(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 77A(2) replaced 1 December 2017 section 26(3) Hazardous Substances and New Organisms Amendment Act 2015 Section 77A(3) amended 1 December 2017 section 26(4) Hazardous Substances and New Organisms Amendment Act 2015 Section 77A(4) replaced 1 December 2017 section 26(5) Hazardous Substances and New Organisms Amendment Act 2015 Section 77A(5) replaced 1 December 2017 section 26(6) Hazardous Substances and New Organisms Amendment Act 2015 77B: Exposure limits for substances with toxic or ecotoxic properties 1: Despite anything to the contrary in this Act, the Authority may, at the time, or at any time after, it approves a substance with toxic or ecotoxic properties for any purpose under this Act,— a: set exposure limits for the substance or any element or compound making up the substance that the Authority thinks fit; or b: provide for the setting of exposure limits for the substance or any element or compound making up the substance. 2: Exposure limits set under subsection (1) may comprise 1 or more of the following: a: environmental exposure limits: b: tolerable exposure limits: c: 3: Without limiting anything in subsection (1), the Authority may— a: provide that all or any of the exposure limits set by it are for guidance only: b: set, or provide for the setting of, exposure limits within a range of values or according to a methodology: c: set, or provide for the setting of, exposure limits by adopting international values or international methodologies. 4: Exposure limits imposed under this section are EPA a: be additional to other specified exposure limits; or b: vary other specified exposure limits; or c: substitute other specified exposure limits; or d: combine other specified exposure limits; or e: delete other specified exposure limits. 5: Before setting exposure limits under this section, the Authority must— a: consider the best international practices and standards for the safe management of substances with toxic or ecotoxic properties; and b: be satisfied that, against other specified exposure limits that apply to the substance,— i: the proposed exposure limit is more effective in terms of its effect on the management, use, and risks of the substance; or ii: the proposed exposure limit is more cost-effective in terms of its effect on the management, use, and risks of the substance; or iii: the proposed exposure limit is more likely to achieve its purpose; and c: do everything reasonably practicable on its part to advise all people who in its opinion may be affected by the proposed exposure limit; and d: give those people a reasonable opportunity to make submissions and comments to the Authority on the proposed exposure limit; and e: consider all submissions and comments received. 6: In this section,— environmental exposure limit EPA notices tolerable exposure limit EPA notices Section 77B inserted 22 December 2005 section 19 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 77B(2)(c) repealed 1 December 2017 section 27(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 77B(4) amended 1 December 2017 section 27(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 77B(6) environmental exposure limit amended 1 December 2017 section 27(3) Hazardous Substances and New Organisms Amendment Act 2015 Section 77B(6) tolerable exposure limit amended 1 December 2017 section 27(4) Hazardous Substances and New Organisms Amendment Act 2015 Section 77B(6) workplace exposure standard repealed 1 December 2017 section 27(5) Hazardous Substances and New Organisms Amendment Act 2015 78: Codes of practice 1: The Authority may from time to time issue, amend, approve, or revoke any code of practice for hazardous substances for the purpose of implementing any requirement included in EPA or an EPA notice 2: Every code of practice, and every amendment or revocation of a code of practice for hazardous substances, shall show the date on which it was issued. 3: The Authority may issue, as a code of practice for hazardous substances, any code of practice approved under any other Act. 4: The Authority may approve, as a code of practice for hazardous substances, any document prepared by any other person if that document is considered by the Authority as a suitable document for use as a code of practice for hazardous substances. 5: A code of practice issued or approved under this Act that is also a code of practice approved under any other Act or a document prepared by another person, consists of the contents of that code or document as that code or document existed on the date that it was approved or issued as a code of practice under this Act. 6: The Authority must not, without the written consent of the relevant Minister,— a: adopt with modification any documents previously approved by a Minister of the Crown; or b: approve any amendment of any part of a code of practice that comprises a document approved by a Minister of the Crown and later adopted by the Authority. Section 78(1) substituted 2 July 2001 section 28 Hazardous Substances and New Organisms Amendment Act 2000 Section 78(1) amended 1 December 2017 section 28(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 78(1) amended 1 December 2017 section 28(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 78(5) substituted 7 May 1999 section 7 Hazardous Substances and New Organisms Amendment Act 1999 Section 78(6) replaced 1 December 2017 section 28(3) Hazardous Substances and New Organisms Amendment Act 2015 79: Codes may be approved by Authority 1: A code of practice for hazardous substances, an amendment to such a code, and a revocation of such a code, shall not have any force or effect until it has been approved by the Authority and published under the Legislation Act 2019 2: Subject to subsection (3), the Authority shall not approve any code, or any amendment or revocation of a code, unless— a: not less than 20 working days has elapsed since the publication in the Gazette b: the Authority has consulted such persons as will be affected by the code or amendment or revocation or who have advised the Authority in writing that they wish to be consulted c: the Authority has considered any comments made to it concerning those effects. 3: The Authority may approve a code of practice for hazardous substances or any amendment or revocation of that code without complying with the requirements of subsection (2)(a) or (b), if it is satisfied that sufficient consultation has already taken place in respect of the matters in the code, or amendment, or revocation. 4: 5: A code of practice, or an amendment to or revocation of a code of practice, approved under this section— a: must show the date of the approval; and b: is secondary legislation ( see Part 3 6: That Act applies as if— a: the Authority were the maker of the code of practice, amendment, or revocation; and b: the code of practice, amendment, or revocation were made by the Authority approving it under this section. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (5). Legislation Act 2019 requirements for secondary legislation referred to in subsection (5) Publication The maker must: LA19 ss 73 74(1)(a) cl 14 • notify it in the Gazette • make it available for inspection free of charge • make it available for sale at a reasonable price Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 79(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 79(2)(b) amended 2 July 2001 section 29(1) Hazardous Substances and New Organisms Amendment Act 2000 Section 79(4) repealed 2 July 2001 section 29(2) Hazardous Substances and New Organisms Amendment Act 2000 Section 79(5) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 79(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 80: Availability of codes Section 80 repealed 28 October 2021 section 3 Secondary Legislation Act 2021 81: Proof of code Without affecting any other method of proof, the production in any proceedings of a copy of any code of practice for hazardous substances, or amendment or revocation of such a code of practice, purporting to have been approved by the Authority, in the absence of evidence to the contrary, shall be sufficient proof that it has been issued in accordance with this Act. Test certifiers 82: Certificates Regulations made under this Act, EPA notices, approvals granted by the Authority, and requirements imposed in accordance with Part 3 a: from a certifier authorised under section 211(1)(k) b: from the Authority under this Act that certifies that any specified requirement has been met; or c: under any other relevant enactment that certifies that any specified requirement has been met. Section 82 replaced 1 December 2017 section 29 Hazardous Substances and New Organisms Amendment Act 2015 82A: Register of test certificates Section 82A repealed 1 December 2017 section 30 Hazardous Substances and New Organisms Amendment Act 2015 82B: Delegation by approved person Section 82B repealed 1 December 2017 section 30 Hazardous Substances and New Organisms Amendment Act 2015 82C: Revocation of 1: The Authority may, at any time and by notice in writing to the person to whom the certificate holder a: obtained the b: has been negligent as a certificate holder; or c: is incompetent to act as a certificate holder ; or d: has not met, or continued to meet, any requirement for which the 2: The Authority may not revoke a a: has notified the certificate holder in writing of its intention to investigate whether to revoke the b: has given the certificate holder reasons in writing for the Authority's investigation; and c: has given the certificate holder a reasonable opportunity to make submissions to the Authority in respect of the investigation; and d: has considered all submissions and any other information received; and e: is, as a result of the investigation, satisfied that there are grounds for revoking the 3: The Authority may seek, receive, or take into account any other information or evidence that the Authority considers relevant for the purposes of this section. 4: If the Authority proposes to take into account any information that is or may be prejudicial to the certificate holder, the Authority must, subject to subsection (5), disclose that information to the certificate holder and give him or her a reasonable opportunity to refute or comment on the information. 5: The Authority is not required to disclose any information under subsection (4) that would be likely to endanger the safety of any person. 6: If the Authority determines not to disclose any information in reliance on subsection (5), the Authority must inform the certificate holder of the fact of non-disclosure, and the following provisions apply: a: in the case of non-disclosure to an individual of information about the individual,— i: the Authority must inform the individual that he or she may, under the Privacy Act 2020 ii: the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 49(1)(a)(i) b: in any other case,— i: the Authority must inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982 ii: the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 6(d) 7: On completion of the Authority's investigation, the Authority must notify the certificate holder in writing of— a: the Authority's decision; and b: the certificate holder's right of appeal against that decision. 8: A 9: Section 82C inserted 22 December 2005 section 21 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 82C heading amended 1 December 2017 section 31(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 82C heading amended 20 April 2010 section 22(1) Hazardous Substances and New Organisms Amendment Act 2010 Section 82C(1) amended 1 December 2017 section 31(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 82C(1) amended 20 April 2010 section 22(2) Hazardous Substances and New Organisms Amendment Act 2010 Section 82C(1)(a) amended 1 December 2017 section 31(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 82C(1)(c) amended 20 April 2010 section 22(3) Hazardous Substances and New Organisms Amendment Act 2010 Section 82C(1)(d) added 20 April 2010 section 22(3) Hazardous Substances and New Organisms Amendment Act 2010 Section 82C(1)(d) amended 1 December 2017 section 31(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 82C(2) amended 1 December 2017 section 31(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 82C(2)(a) amended 1 December 2017 section 31(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 82C(2)(e) amended 1 December 2017 section 31(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 82C(6)(a)(i) amended 1 December 2020 section 217 Privacy Act 2020 Section 82C(6)(a)(ii) amended 1 December 2020 section 217 Privacy Act 2020 Section 82C(8) amended 1 December 2017 section 31(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 82C(9) repealed 20 April 2010 section 22(4) Hazardous Substances and New Organisms Amendment Act 2010 83: Applications for approval as test certifier Section 83 repealed 1 December 2017 section 30 Hazardous Substances and New Organisms Amendment Act 2015 84: Processing applications for approval as test certifier Section 84 repealed 1 December 2017 section 30 Hazardous Substances and New Organisms Amendment Act 2015 85: Register of test certifiers Section 85 repealed 1 December 2017 section 30 Hazardous Substances and New Organisms Amendment Act 2015 86: Complaints to Authority Section 86 repealed 1 December 2017 section 30 Hazardous Substances and New Organisms Amendment Act 2015 Transferable permits 87: Establishment of transferable permit scheme 1: Subject to section 141 2: Regulations made under subsection (1) may include the following matters: a: the amount of substance available for importation or manufacture in any specified period of time or a method for determining that amount: b: the method of allocating, reallocating, reducing, increasing, or cancelling any transferable permits: c: the period for which any transferable permit will be valid: d: any limitations upon the transfer of permits: e: any scheme monitoring requirements, including any reporting requirements imposed on holders of permits. 3: Any method specified in accordance with subsection (2)(b) shall first allocate transferable permits to persons importing or manufacturing the substance immediately prior to the establishment of the transferable permit scheme. 4: Any method specified in accordance with subsection (2)(a) may provide for the amount of a substance to be reduced or increased over a specified period of time. 5: Where any regulations made under this section specify a method for reducing the amount of substance available for importation or manufacture, no compensation shall be payable in respect of any such reduction. 6: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 87(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 88: Authority to recommend establishment The Authority may recommend to the Minister that a transferable permit scheme be established, amended, or revoked for any hazardous substances or group of hazardous substances, in accordance with section 87 a: that a reduction in the likely occurrence of adverse effects similar to that achieved by the controls attached to any substance in accordance with sections 77 77A 77B i: any transferable permit scheme; or ii: any combination of a transferable permit scheme and EPA sections 75 76 b: that such a scheme will be cost effective to implement, having regard to the costs associated with the transferable permit scheme, including the costs of monitoring and the costs of alternative methods of controls, and the benefits provided from the ability to transfer permits. Section 88(a) amended 22 December 2005 section 22 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 88(a)(ii) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 89: Transferable permit scheme and variation of controls 1: Where any transferable permit scheme is established for any hazardous substance in accordance with section 87 EPA sections 77 77A 77B 2: Any substitution or deletion of controls on any substance in accordance with subsection (1) shall remain in force so long as the transferable permit scheme in place at the time of the substitution or deletion of controls remains the same. Section 89(1) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 89(1) amended 22 December 2005 section 23 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 90: Transfer of permits 1: Any person who has been granted a transferable permit in accordance with any scheme established under section 87 2: The transferor, within 20 working days after making any such transfer, shall notify the Authority in writing of the transfer, the amount transferred, and the name and address of the transferee, and return the permit for reissuing. 3: No transfer shall be valid unless the Authority is notified in accordance with subsection (2). 91: Contents of transferable permits Every transferable permit shall specify— a: the substance in respect of which it is issued; and b: the dates of issue and expiry of the permit; and c: the amount of the substance which the permit holder is permitted to import or manufacture under the permit; and d: any other EPA Section 91(d) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 92: Modification of permits The Authority may modify any permit to correct any clerical error or omission. 93: Registration of scheme 1: Before commencing any transferable permit scheme, the Authority shall establish a register for each scheme. 2: The Authority shall include in the register— a: the details of every permit issued; and b: the details of every transfer of the whole or any part of a transferable permit. 3: The register shall be available for inspection upon request to any person. 4: An entry in the register, in the absence of evidence to the contrary, shall be sufficient proof that the person named in the register is the holder of the transferable permit to which the entry relates. 94: Transferable permit not to be mortgaged Any contract or other instrument purporting to create any interest in any transferable permit for the purpose of securing the payment of a debt or other pecuniary obligation, or for the performance of any other obligation, is void. 95: Prohibition on import or manufacture until transferable permit obtained Where a transferable permit scheme exists for a substance,— a: no person shall manufacture or import that hazardous substance unless any relevant transferable permit has been obtained for the amount of substance being manufactured or imported; and b: any Customs officer may permit the importation of any hazardous substance upon production by the importer of a relevant transferable permit for the amount of substance being imported. Permissions Heading inserted 24 March 2004 section 6 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 Heading amended 1 December 2017 section 32 Hazardous Substances and New Organisms Amendment Act 2015 95A: Permissions 1: This section applies if the Authority approves a substance subject to an obligation referred to in section 77A(2)(a) 2: An application for a permission under this section must be made in a form approved by the Authority, and must be accompanied by the appropriate charge (if any) fixed under section 21 3: In considering an application, the Authority must consider— a: the adverse effects involved in the use or uses of the substance to which the application relates; and b: the conditions (if any) that it thinks should be imposed as part of the permission. 4: The Authority may grant a permission subject to any conditions it may specify in the permission that are consistent with the approval of the substance. 5: The holder of a permission granted under this section is authorised to use the substance specified in the permission in accordance with the approval of the substance and the holder's permission. 6: A permission granted under this section must be in writing and in a form approved by the Authority. 7: The Authority may, at any time by notice in writing to the holder of a permission granted under this section,— a: add or delete any conditions, or otherwise vary any conditions: b: revoke a permission granted to the holder under this section. Section 95A inserted 24 March 2004 section 6 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 95B: Licences Section 95B repealed 1 December 2017 section 33 Hazardous Substances and New Organisms Amendment Act 2015 Environmental user charges 96: Report on environmental user charges 1: Where the Authority considers that a reduction in the likely occurrence of adverse effects similar to that achieved by the EPA sections 77 77A 77B a: any environmental user charge; or b: any combination of an environmental user charge and EPA section 75 section 76 the Authority may report to the Minister on such a charge or any combination of such controls and an environmental user charge. 2: Before preparing any report in accordance with subsection (1), the Authority shall satisfy itself that any environmental user charge would be cost effective to implement having regard to the costs associated with the environmental user charge, including the costs of monitoring and the costs of alternative methods of control. 3: Any report to the Minister made in accordance with subsection (1) may include any other matters relevant to any environmental user charge, including a report on— a: the time of commencement of any environmental user charge; and b: the duration of any environmental user charge; and c: any matters relevant to the implementation of environmental user charges; and d: use of the revenue from environmental user charges; and e: any procedure for adjusting or removing any EPA f: any procedure for adjusting or removing any combination of EPA section 62 Section 96(1) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 96(1) amended 22 December 2005 section 24 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 96(1)(b) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 96(3)(e) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 96(3)(f) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 6A: Group standards Part 6A inserted 22 December 2005 section 25 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 96A: Purpose of Part The purpose of this Part is to enable the Authority to issue, amend, and revoke standards (known as group standards) for groups of hazardous substances (whether these are subject to Part 5 Section 96A inserted 22 December 2005 section 25 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 96B: Group standards 1: The Authority may a: identify the group of hazardous substances or products (described in subsection (2)) concerned; and b: impose as conditions that apply to the identified group of hazardous substances or products any obligations and restrictions that the Authority thinks fit for the purpose of setting EPA controls. 2: A group standard may apply to 1 or more of the following hazardous substances or products: a: a hazardous substance to which Part 5 b: a hazardous substance to which Parts 11 to 15 c: a hazardous substance to which a notice or regulation under Part 11 Part 5 d: a product (including, but not limited to, a manufactured article, a waste product, or a manufacturing by-product) that is, contains, incorporates, or includes a hazardous substance. 3: The Authority may 4: The Authority may issue, amend, or revoke group standards under this section— a: on its own initiative; or b: on application by any person. 5: The following instruments made under this section are secondary legislation ( see Part 3 a: a group standard: b: an amendment to or a revocation of a group standard. 6: The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)(a) cl 14 • publish it in the Gazette • make it available for inspection free of charge • make it available for sale at a reasonable price • publish it in a publication relevant to affected persons • give public notice of where it can be inspected or purchased (see section 2 public notice The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 96B inserted 22 December 2005 section 25 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 96B(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 96B(1)(b) replaced 1 December 2017 section 34 Hazardous Substances and New Organisms Amendment Act 2015 Section 96B(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 96B(5) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 96B(6) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 96C: When group standards may be issued or amended 1: Before issuing or amending group standards under section 96B a: in the case of any hazardous substance to which section 96B(2)(a) Part 5 b: in the case of any hazardous substance to which section 96B(2)(b) c: in the case of any hazardous substance to which section 96B(2)(c) d: in the case of any product to which section 96B(2)(d) i: the benefits associated with a reduction of environmental and health risks outweigh the economic costs associated with complying with the group standard; and ii: the issuing or amending (as the case may be) of group standards is the most efficient and effective way of managing the risks of all the products in the identified group, having considered matters including alternative methods of managing those risks; and iii: the group standard is only applied to the extent that it is reasonably necessary to manage the risks of the products; and e: where a group standard applies— i: to 1 hazardous substance or product (described in section 96B(2) ii: to more than 1 hazardous substance or product (described in section 96B(2) f: consider the best international practices and standards for the safe management of hazardous substances and products (described in section 96B(2) g: consider the types of EPA sections 77 77A 77B h: comply with the requirements of section 53(1A) 2: Where the Authority proposes to issue, amend, or revoke group standards on its own initiative, sections 53 to 61 3: However, the Authority may, on its own initiative, amend a group standard under section 96B or section 53(1A) Section 96C inserted 22 December 2005 section 25 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 96C(1)(g) amended 5 September 2015 section 35(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 96C(1)(h) replaced 5 September 2015 section 35(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 96C(3) added 20 April 2010 section 23 Hazardous Substances and New Organisms Amendment Act 2010 Section 96C(3) amended 5 September 2015 section 35(3) Hazardous Substances and New Organisms Amendment Act 2015 96D: Revocation of group standards 1: Before revoking group standards under section 96B section 53(1A) 2: Sections 54 to 61 Section 96D inserted 22 December 2005 section 25 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 96D(1) amended 5 September 2015 section 36 Hazardous Substances and New Organisms Amendment Act 2015 96E: Effect of group standards 1: If a group standard applies to a hazardous substance or product, the substance or product must comply with the group standard. 2: However, in the case of a hazardous substance, if the hazardous substance also has an approval given under this Act, the substance may instead comply with the approval. 3: A hazardous substance to which section 96B(2)(a) section 29 Section 96E inserted 22 December 2005 section 25 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 96F: Hazardous substances in group standards if Parts 11 to 15 apply If Parts 11 to 15 section 96B a: Parts 11 to 15 b: the hazardous substance is deemed to have been approved by the Authority on the date that the group standard comes into force. Section 96F inserted 22 December 2005 section 25 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 7: Inspection, enforcement, and ancillary powers Inspection 97: Enforcement of Act 1: The following persons shall ensure the provisions of this Act (including any controls imposed on approvals granted under this Act) a: WorkSafe must ensure that the provisions of this Act in respect of disposal and ecotoxic controls, and equivalent conditions in group standards issued under section 96B b: WorkSafe must ensure that the provisions of this Act are enforced in, on, at, or around any distribution system, gas installation, or gas appliance: c: the New Zealand Transport Agency or the Director of Land Transport rail vehicle d: the Commissioner of Police (after consultation with the New Zealand Transport Agency or the Director of Land Transport rail vehicle da: in relation to the retail sale of fireworks, the Commissioner of Police must ensure that any restrictions and prohibitions imposed under this Act are enforced: e: the Director of the Civil Aviation Authority shall ensure that the provisions of this Act are enforced in or on any aircraft and that the provisions of this Act relating to the discharge of hazardous substances from an aircraft are enforced f: the Director of Maritime New Zealand g: the chief executive of the Ministry of Health shall ensure that the provisions of this Act are enforced where it is necessary to protect public health: h: the chief executive of any territorial authority— i: shall ensure that the provisions of this Act are enforced in or on any premises situated in the district of the territorial authority other than those premises specified in paragraphs (a) to (g): ii: may enforce the provisions of this Act in or on those premises specified in paragraphs (a) to (g) where the territorial authority is in or on those premises for the purposes of enforcing the provisions of the Resource Management Act 1991 iii: shall ensure that the provisions of this Act are enforced in or on those premises specified in paragraphs (a) to (g), where the function, power, or duty is transferred to the territorial authority section 98 iv: 2: The chief executive of a regional council may— a: enforce the provisions of this Act in or on those premises specified in subsection (1)(a) to (g) if the regional council is in or on those premises for the purposes of enforcing the provisions of the Resource Management Act 1991 b: enforce the provisions of this Act in or on those premises specified in subsection (1)(a) to (g) if the function, power, or duty is transferred to the regional council in accordance with section 98 3: The Authority must ensure that the following matters are enforced: a: provisions of this Act in respect of classification controls and content controls, and equivalent conditions in group standards issued under section 96B b: the requirement for a hazardous substance to have an approval before being imported or manufactured: c: prohibitions relating to persistent organic pollutants and hazardous substances prohibited by regulations: d: requirements imposed under any EPA notice made under section 76A 4: The Authority must ensure the provisions of this Act in respect of any regulations, EPA controls, and equivalent conditions in group standards issued under section 96B Section 97(1) amended 30 October 2003 section 44 Hazardous Substances and New Organisms Amendment Act 2003 Section 97(1)(a) replaced 1 December 2017 section 37(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 97(1)(b) replaced 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 97(1)(c) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 97(1)(c) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 97(1)(c) amended 20 July 2005 section 103(3) Railways Act 2005 Section 97(1)(d) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 97(1)(d) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 97(1)(d) amended 20 July 2005 section 103(3) Railways Act 2005 Section 97(1)(da) inserted 1 December 2017 section 37(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 97(1)(e) amended 1 December 2017 section 37(3) Hazardous Substances and New Organisms Amendment Act 2015 Section 97(1)(e) amended 20 April 2010 section 24 Hazardous Substances and New Organisms Amendment Act 2010 Section 97(1)(f) amended 1 July 2011 section 12 Hazardous Substances and New Organisms Amendment Act 2011 Section 97(1)(h)(iii) amended 22 December 2005 section 27(1) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 97(1)(h)(iv) repealed 1 July 2011 section 12 Hazardous Substances and New Organisms Amendment Act 2011 Section 97(2) added 22 December 2005 section 27(2) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 97(3) inserted 1 December 2017 section 37(4) Hazardous Substances and New Organisms Amendment Act 2015 Section 97(4) inserted 1 December 2017 section 37(4) Hazardous Substances and New Organisms Amendment Act 2015 97A: Enforcement of Act in respect of new organisms 1: The enforcement agency must ensure that the provisions of this Act are enforced in respect of new organisms. 2: For the purpose of complying with subsection (1), the enforcement agency may appoint enforcement officers in accordance with this Act who may exercise also the powers of inspectors under the Biosecurity Act 1993 3: A person who may exercise powers under the Biosecurity Act 1993 4: Without limiting subsection (2), the provisions of the Biosecurity Act 1993 sections 162A 163 164 4A: The enforcement agency’s costs of enforcing this Act in respect of new organisms are to be treated as if they were costs of administering the Biosecurity Act 1993 a: may be recovered in accordance with section 135 b: may be funded by a levy imposed under section 137 c: may be prescribed, in regulations made under section 165(1)(s) 5: In this section,— enforcement agency Biosecurity Act 1993 unwanted organism section 2(1) Section 97A inserted 30 October 2003 section 45 Hazardous Substances and New Organisms Amendment Act 2003 Section 97A(4A) inserted 20 April 2010 section 25 Hazardous Substances and New Organisms Amendment Act 2010 97AA: Border information supplied using JBMS must be supplied in approved form and manner 1: This section applies to a requirement by or under this Act to supply any border information to the Ministry (for example, to the chief executive of the department of State responsible for the administration of the Biosecurity Act 1993 2: Any person who uses a JBMS section 41D 41H a: for complying with the requirement by using the JBMS; and b: for the time being generally approved in writing by the chief executive of the department of State responsible for the administration of the Biosecurity Act 1993 3: The approved form and manner referred to in subsection (2)— a: must be notified via an Internet site that is, so far as practicable, publicly available free of charge; and b: may be set out in rules under section 325 4: Border information JBMS Ministry section 41A(1) Section 97AA inserted 24 June 2014 section 16 Biosecurity (Border Processing—Trade Single Window) Amendment Act 2014 Section 97AA(2) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 97AA(3)(b) replaced 1 October 2018 section 443(3) Customs and Excise Act 2018 97AB: Duty to use JBMS to supply border information 1: This section applies to a requirement by or under this Act to supply any border information to the Ministry (for example, to the chief executive of the department of State responsible for the administration of the Biosecurity Act 1993 2: After the commencement of this section, the only ways in which a person can comply with the requirement are— a: by using a JBMS b: by using another means for the time being generally or specifically approved in writing by the responsible person. 3: Border information JBMS Ministry section 41A(1) responsible person sections 97 to 97B Section 97AB inserted 1 July 2016 section 18(4) Biosecurity (Border Processing—Trade Single Window) Amendment Act 2014 Section 97AB(2)(a) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 97B: Enforcement of Act in respect of hazardous substances in workplace An inspector appointed under section 163 Section 97B replaced 1 December 2017 section 38 Hazardous Substances and New Organisms Amendment Act 2015 97C: Sharing of information between Authority and enforcement agencies 1: Subject to any enactment,— a: the Authority may provide an enforcement agency with any information, or a copy of any document, that it— i: holds in relation to the performance or exercise of its functions, duties, or powers under or in relation to this Act; and ii: considers may assist the enforcement agency in the performance or exercise of the enforcement agency's functions, duties, or powers under or in relation to any enactment; and b: an enforcement agency may provide the Authority with any information, or a copy of any document, that it— i: holds in relation to the performance or exercise of its functions, duties, or powers under or in relation to any enactment; and ii: considers may assist the Authority in the performance or exercise of its functions, duties, or powers under or in relation to this Act. 2: If subsection (1)(a) or (b) applies, the Authority or enforcement agency (as the case may be) may impose conditions that it thinks fit relating to the provision of the information or document, including conditions relating to— a: the storage and use of, or access to, anything provided: b: the copying, returning, or disposing of copies of any documents provided. 3: In this section, enforcement agency section 97 4: Nothing in this section limits the Privacy Act 2020 5: This section applies despite anything to the contrary in any contract, deed, or document. Section 97C inserted 1 December 2017 section 39 Hazardous Substances and New Organisms Amendment Act 2015 Section 97C(4) amended 1 December 2020 section 217 Privacy Act 2020 98: Co-ordination of inspection 1: Any person specified in section 97 section 97A a: appoint enforcement officers in accordance with section 100 b: transfer the power to enforce the provisions of this Act in their area in accordance with subsections (2) to (7). 2: Any person who appoints any enforcement officers in accordance with subsection (1) shall, each year, no later than 1 month before the commencement of the Authority's financial year, notify the Authority of the premises where that person will appoint enforcement officers in accordance with section 100 3: Any person who has functions, powers, or duties under section 97 section 97A 4: 5: A person may not transfer any function, power, or duty under this section unless— a: the person has first— i: notified the Authority in accordance with subsection (2); and ii: notified the Authority where that person proposes to transfer the function to enforce the provisions of this Act to another person; and iii: has received the approval of the Authority to the transfer in the case of a transfer between territorial authorities or the approval of the relevant Ministers to the transfer in the case of a transfer between other persons; and b: both persons agree that the transfer is desirable on any of the following grounds: i: to ensure sufficient enforcement of this Act and to ensure that there is not unnecessary duplication of enforcement: ii: efficiency: iii: technical or special capability or expertise. 6: A transfer of functions, powers, or duties under this section shall be made by agreement between the authorities concerned and on such terms and conditions as are agreed. 7: A person to whom any function, power, or duty is transferred under this section may accept such transfer unless expressly forbidden to do so by the terms of any Act by or under which that person is appointed; and upon any such transfer, that person's functions, powers, and duties shall be deemed to be extended in such manner as may be necessary to enable the person to undertake, exercise, and perform the function, power, or duty. 8: Any transfer of any function, power, or duty under this section may be changed or revoked at any time by agreement between the transferee and transferor and upon notice to the Authority. Section 98(1) amended 30 October 2003 section 46 Hazardous Substances and New Organisms Amendment Act 2003 Section 98(3) amended 30 October 2003 section 46 Hazardous Substances and New Organisms Amendment Act 2003 Section 98(4) repealed 2 July 2001 section 32 Hazardous Substances and New Organisms Amendment Act 2000 98A: Chief executives of Ministry and Authority to have functions, powers, duties, and protections of enforcement officers 1: For the purposes of this Act, a chief executive has the same functions, powers, duties, and protections that enforcement officers have under this Act. 2: In subsection (1), chief executive a: the chief executive of the department of State responsible for the administration of this Act: b: the chief executive of the Authority. Section 98A inserted 30 October 2003 section 47 Hazardous Substances and New Organisms Amendment Act 2003 99: Supervision of inspection 1: The Authority shall ensure that the provisions of this Act are enforced in all premises likely to contain a hazardous substance or new organism and shall advise the persons specified in section 97 section 97A 2: The Authority shall record all notifications made by persons in accordance with section 98 3: The Authority may from time to time, as the Authority thinks fit,— a: appoint enforcement officers to enforce the provisions of this Act in such premises as the Authority thinks fit: b: authorise the chief executive of— i: any department defined in section 5 ii: any Crown entity iii: any local authority— to appoint enforcement officers to enforce the provisions of this Act in or on any premises specified by the Authority. 4: In this section, hazardous substance gases under pressure Section 99(1) amended 30 October 2003 section 48 Hazardous Substances and New Organisms Amendment Act 2003 Section 99(3)(b)(i) amended 7 August 2020 section 135 Public Service Act 2020 Section 99(3)(b)(ii) amended 25 January 2005 section 37(1) Public Finance Amendment Act 2004 Section 99(4) added 24 March 2004 section 13 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 Section 99(4) amended 1 December 2017 section 40 Hazardous Substances and New Organisms Amendment Act 2015 100: Appointment of enforcement officers 1: No person shall be appointed as an enforcement officer unless that person has the prescribed qualifications to carry out the powers, functions, and duties specified in the officer's warrant of appointment. 2: Any person who appoints any person other than an employee as an enforcement officer shall remain liable in every respect for the actions of that officer, while he or she is acting as such, as if that person were an employee of the appointer. 3: Every person who appoints an enforcement officer shall supply each officer with a warrant specifying the functions that the officer may carry out, and any such warrant may at any time be revoked by the person who issued it or by any successor in office of that person. 4: Where the chief executive of a territorial authority appoints an enforcement officer in accordance with this section, the chief executive may designate that officer as a district hazardous substances officer. 101: Duty of territorial authorities 1: If the Minister considers that any territorial authority is not exercising or performing any of its functions, powers, or duties under this Act to the extent that the Minister considers necessary to achieve the purposes of this Act, the Minister shall consult with the Minister of Local Government and may appoint, on such terms and conditions as the Minister thinks fit, the Authority to exercise or perform all or any of those functions, powers, or duties in place of the territorial authority. 2: Before making any appointment under subsection (1), the Minister shall give the territorial authority at least 20 working days' notice in writing of the Minister's intention to do so, specifying the reasons why the Minister considers such an appointment is necessary. 3: The notice shall invite the territorial authority to give to the Minister, within such period (being not less than 20 working days after the date of the notice) as may be specified in the notice, such written comments as the territorial authority wishes to make about any steps that the territorial authority is taking, or is intending to take, that may obviate the need for an appointment, and the Minister shall consider those comments and the need for making an appointment before making an appointment. 4: The Authority, if appointed under subsection (1) to exercise or perform the functions, powers, or duties of a territorial authority under this Act, may do so as if it were the territorial authority; and the provisions of this Act shall apply accordingly. 5: All costs, charges, and expenses incurred by the Authority for the purposes of this section, in exercising or performing any functions, powers, or duties of a territorial authority under this Act, shall be recoverable from the territorial authority as a debt due to the Authority or may be deducted from any money payable to the territorial authority by the Authority. 6: In making any such appointment, the Minister shall specify the period for which the appointment is made, and it may from time to time be renewed. 7: Any appointment of the Authority under this section may be revoked at any time by the Minister. 8: In determining whether any appointment under this section should be renewed or whether a new appointment should be made, the Minister shall consider whether the territorial authority is capable of exercising its powers, functions, and duties under this Act, and, if the Minister considers the territorial authority is so capable, the territorial authority shall be directed by the Minister to resume those powers, functions, and duties. 102: Building Act 2004 1: Where an enforcement officer believes that any building or building work Building Act 2004 building work 2: For the purposes of this section, the terms building building work territorial authority Building Act 2004 Section 102 heading substituted 31 March 2005 section 414 Building Act 2004 Section 102(1) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 102(1) amended 31 March 2005 section 414 Building Act 2004 Section 102(2) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 102(2) amended 31 March 2005 section 414 Building Act 2004 103: Powers of entry for inspection relating to new organisms 1: Any enforcement officer may, at any reasonable time,— a: go on, into, under, and over any premises (excluding dwellings) b: with the consent of the occupier, go on, into, under, and over a dwelling— for the purpose of inspection to— c: monitor compliance with the conditions or controls on any d: determine the nature of any e: determine whether or not any person is complying with a compliance order. 2: For the purposes of subsection (1), an enforcement officer may— a: take samples of water, air, soil, any substance, or any organism; and b: open containers or packages (including secured or sealed containers or packages) to inspect the contents; and c: take photographs and measurements and make sketches and recordings; and d: take or remove any thing for analysis or testing; and e: conduct examinations, tests, inquiries, demonstrations, and inspections; and ea: require that any place or thing specified by the enforcement officer is not disturbed for a reasonable time pending any examination, test, inquiry, demonstration, or inspection; and eb: require the making of statements by the person in charge of the premises, in any form or manner specified by the enforcement officer, about conditions, material, or equipment relevant to the purpose of the inspection; and f: require the production of any documents relevant to the purpose of the inspection; and g: take copies of the documents or information or extracts from those documents or information. 3: Where any enforcement officer has taken any thing in accordance with subsection (2)(d), the enforcement officer shall give the occupier of the premises written notice of the things that have been taken, the reason for taking the things, and where the things will be kept. 4: Within 5 working days of removing the thing the enforcement officer shall give the person in charge of the premises written notice stating— a: whether or not the thing will be returned or destroyed; and b: either— i: the time and date of the return of the thing to the premises; or ii: the results of the analysis of the thing and why it is being destroyed. 5: Every enforcement officer exercising any of the powers conferred under this section shall, at the time of exercising that power, and thereafter on request, produce— a: evidence of that person's appointment as an enforcement officer; and b: evidence of that person's identity. 6: An enforcement officer may take any person with relevant experience or expertise on to the premises to assist the officer with the inspection. 7: Nothing in this section shall limit or affect the privilege against self-incrimination. Section 103 heading amended 1 December 2017 section 41(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 103(1)(a) amended 31 December 2000 section 33(1) Hazardous Substances and New Organisms Amendment Act 2000 Section 103(1)(c) amended 1 December 2017 section 41(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 103(1)(c) amended 30 October 2003 section 49 Hazardous Substances and New Organisms Amendment Act 2003 Section 103(1)(d) amended 1 December 2017 section 41(3) Hazardous Substances and New Organisms Amendment Act 2015 Section 103(2)(c) substituted 31 December 2000 section 33(2) Hazardous Substances and New Organisms Amendment Act 2000 Section 103(2)(ea) inserted 31 December 2000 section 33(3) Hazardous Substances and New Organisms Amendment Act 2000 Section 103(2)(eb) inserted 31 December 2000 section 33(3) Hazardous Substances and New Organisms Amendment Act 2000 Section 103(6) substituted 31 December 2000 section 33(4) Hazardous Substances and New Organisms Amendment Act 2000 103A: Powers of entry for inspection relating to hazardous substances 1: Any enforcement officer may, at any reasonable time, for the purposes referred to in subsection (2),— a: go on, into, under, and over any premises (excluding dwellings); or b: with the consent of the occupier, go on, into, under, and over a dwelling. 2: The purposes concerned are to— a: monitor or enforce compliance with this Act and any conditions, controls, or requirements on any hazardous substance; or b: determine the nature of any hazardous substance; or c: determine whether or not any person is complying with a compliance order. 3: For the purposes of this section, an enforcement officer may— a: take samples of water, air, soil, any substance, or any organism; and b: open containers or packages (including secured or sealed containers or packages) to inspect the contents; and c: take photographs and measurements and make sketches and recordings; and d: take or remove any thing for analysis or testing; and e: conduct examinations, tests, inquiries, demonstrations, and inspections; and f: require that any place or thing specified by the enforcement officer is not disturbed for a reasonable time pending any examination, test, inquiry, demonstration, or inspection; and g: require any person in charge of relevant premises to— i: make statements, in any form or manner specified by the enforcement officer, about conditions, material, or equipment relevant to the purpose of the inspection; or ii: produce information relevant to the purpose of the inspection, and take copies of the information or extracts from the information. 4: An enforcement officer may do any of the things referred to in subsection (3) whether or not— a: the enforcement officer or the person whom the enforcement officer is dealing with has gone on, into, under, or over premises or a dwelling described in subsection (1)(a) or (b); or b: in respect of any information, the information is— i: on premises or in a dwelling that is described in subsection (1)(a) or (b); or ii: in the place where the enforcement officer is; or iii: in another place. 5: If any enforcement officer has taken any thing in accordance with subsection (3)(d), the enforcement officer must give the occupier of the premises written notice of the things that have been taken, the reason for taking the things, and where the things will be kept. 6: Within 5 working days of removing a thing, the enforcement officer must give the person in charge of the premises written notice stating— a: whether or not the thing will be returned or destroyed; and b: either— i: the time and date of the return of the thing to the premises; or ii: the results of the analysis of the thing and why it is being destroyed. 7: Every enforcement officer exercising any of the powers conferred under this section must, at the time of exercising that power, and after that on request, produce— a: evidence of that person's appointment as an enforcement officer; and b: evidence of that person's identity. 8: An enforcement officer may take any person with relevant experience or expertise on to the premises to assist the officer with the inspection. 9: Nothing in this section limits or affects the privilege against self-incrimination. 10: In this section,— information relevant premises Section 103A inserted 1 December 2017 section 42 Hazardous Substances and New Organisms Amendment Act 2015 Compliance orders 104: Scope of compliance order 1: A compliance order may be served on any person by an enforcement officer— a: requiring that person to cease, or prohibiting that person from commencing, anything done or to be done by or on behalf of that person that, in the opinion of the enforcement officer,— i: contravenes or is likely to contravene this Act, any regulations, any EPA notice, ii: relates to any hazardous substance or new organism and is or is likely to be dangerous, to such an extent that it has or is likely to have an adverse effect on the health and safety of people or the environment; or b: requiring that person to do something that, in the opinion of the enforcement officer, is necessary to ensure that person complies with this Act, any regulations, any EPA notice, or any any regulations, any EPA notice, or i: caused by or on behalf of the person; or ii: relating to any land of which the person is the owner or occupier. 2: A compliance order may be made subject to such conditions as are reasonable in the circumstances. Section 104(1)(a)(i) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 104(1)(b) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 105: Compliance with compliance order Subject to the rights of appeal in section 125 a: comply with the order within the period specified in the order; and b: unless the order directs otherwise, pay all the costs and expenses of complying with the order. 106: Form and content of compliance order 1: Every compliance order shall be in the prescribed form and shall state— a: the name of the person to whom it is addressed; and b: the reasons for the order; and c: the action required to be taken or ceased or not undertaken; and d: the period within which the action shall be taken or cease e: the consequences of either not complying with the order or lodging a notice of appeal; and f: the rights of appeal under section 125 g: the name and address of the agency whose enforcement officer served the order. 2: The period referred to in subsection (1)(d) must— a: commence at the time the compliance order b: be reasonable, having regard to the circumstances giving rise to the compliance order. Section 106(1)(d) amended 30 October 2003 section 50(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 106(1)(f) amended 30 October 2003 section 50(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 106(2) added 30 October 2003 section 50(3) Hazardous Substances and New Organisms Amendment Act 2003 Section 106(2)(a) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 107: Service of compliance order 1: Where a compliance order is to be served on a person, it may be served— a: by delivering it personally to the person (other than a Minister of the Crown); or b: by delivering it at the usual or last known place of residence or business of the person by any means, including by facsimile; or c: by sending it by prepaid post addressed to the person at the usual or last known place of residence or business of that person. 2: Where a notice or other document is to be served on a body (whether incorporated or not) for the purposes of this Act, service on an officer of the body, or on the registered office of the body, in accordance with subsection (1) shall be deemed to be service on the body. 3: Where a notice or other document is to be served on a partnership for the purposes of this Act, service on any one of the partners in accordance with subsection (1) shall be deemed to be service on the partnership. 4: Where a notice or other document is sent by post to a person in accordance with subsection (1)(c), it shall be deemed, in the absence of proof to the contrary, to be received by the person at the time at which the letter would have been delivered in the ordinary course of the post. 108: Cancellation of compliance order 1: For the purposes of this section, relevant person 2: Where a relevant person considers that a compliance order is no longer required, the relevant person may cancel the order at any time except where the order is subject to appeal under section 125 3: Where any relevant person delegates his or her power under this section, no person to whom the powers are delegated shall consider any application made under subsection (6), in respect of any compliance order which he or she has issued. 4: The chief executive of a territorial authority may delegate any of his or her powers, functions, or duties under this section. 5: The relevant person shall give written notice of a decision under subsection (2) to cancel a compliance order to any person subject to the order. 6: Any person who is directly affected by a compliance order may apply in writing to the relevant person to change or cancel the order. 7: The relevant person shall, as soon as practicable, consider the application, having regard to the purpose for which the compliance order was given, the effect of a change or cancellation on that purpose, and any other matter the relevant person thinks fit; and the relevant person may confirm, change, or cancel the order. 8: The relevant person shall give written notice of the decision to the person who applied under subsection (6). 9: Where the relevant person, after considering an application made under subsection (6) by a person who is directly affected by a compliance order, confirms the order or changes it in a way other than that sought by that person, that person may appeal to the District Court in accordance with section 125(3) 10: A compliance order may not be cancelled where the District Court has confirmed the order. Enforcement 109: Offences 1: Every person commits an offence against this Act who— a: imports or aa: imports, manufactures, uses, or stores a persistent organic pollutant in contravention of this Act; or b: develops or field tests c: knowingly imports or releases a new organism in contravention of this Act; or d: knowingly, recklessly, or negligently— i: manufactures, imports, develops, uses, or disposes of any hazardous substance or new organism where any approval is suspended in accordance with section 64 ii: possesses or disposes of any hazardous substance or new organism imported, manufactured, developed, or released in contravention of this Act; or da: fails to comply with any requirements in an EPA notice made under section 76A(d) or (f) e: fails to comply with— i: any controls imposed by an approval relating to a new organism granted under this Act; or ii: any EPA controls imposed by an approval relating to a hazardous substance granted under this Act; or iii: any controls specified in any regulations relating to a new organism; or iv: any prohibition specified in any regulations; or v: any controls specified in any regulations or an EPA notice relating to a hazardous substance; or vi: any requirement to obtain a certificate specified in any regulations or an EPA notice; or vii: any restriction imposed on the use of a hazardous substance under section 64A ea: fails to comply with a condition on a permission granted under section 95A eb: fails to comply with a condition imposed under section 96B(1)(b) or products f: fails to comply with any compliance order served under section 107 g: fails to comply with any of the requirements of section 124 h: fails without any lawful justification or excuse to obtain any transferable permit when required to do so by any Order in Council in force under this Act; or i: being a manufacturer, developer, or importer of any hazardous substance or new organism knowingly fails to report any significant new information of any adverse effect of that hazardous substance or new organism; or j: knowingly personates any enforcement officer; or k: wilfully obstructs any enforcement officer in the course of his or her duties; or l: falsely informs a person that an emergency exists where that person knows the information to be false; or m: knowingly labels any package or container in such a manner that the label could in an emergency wrongly indicate the presence of hazardous substances to an enforcement officer, an employee, volunteer, or contractor of Fire and Emergency New Zealand constable 2: Section 109(1)(a) amended 1 December 2017 section 43(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 109(1)(aa) inserted 23 December 2004 section 12 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Section 109(1)(b) amended 7 May 1999 section 9 Hazardous Substances and New Organisms Amendment Act 1999 Section 109(1)(da) inserted 5 September 2015 section 43(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 109(1)(e) replaced 1 December 2017 section 43(3) Hazardous Substances and New Organisms Amendment Act 2015 Section 109(1)(e)(vii) inserted 1 November 2022 section 28 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 109(1)(ea) inserted 24 March 2004 section 7 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 Section 109(1)(ea) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 109(1)(eb) inserted 22 December 2005 section 29 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 109(1)(eb) amended 1 December 2017 section 43(4) Hazardous Substances and New Organisms Amendment Act 2015 Section 109(1)(m) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 109(1)(m) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 109(2) repealed 20 April 2010 section 27 Hazardous Substances and New Organisms Amendment Act 2010 109A: Time for filing charging document 1: The limitation period in respect of an offence against this Act that relates to a hazardous substance ends on the date that is 6 months after the earlier of— a: the date when the incident, situation, or set of circumstances to which the offence relates first became known to the person by whom the proceedings are commenced; or b: the date when the incident, situation, or set of circumstances to which the offence relates should reasonably have become known to the person. 2: The limitation period in respect of an offence against this Act that relates to a new organism ends on the date that is 2 years after the date on which the offence was committed. 3: Subsection (1) is subject to section 109B Section 109A replaced 1 July 2013 section 413 Criminal Procedure Act 2011 109B: Extension of time for filing charging document 1: The District Court may, on application by any person, extend the time for the person to file a charging document section 109A(1) 2: The application must be made within the 6-month period that applies to the person under section 109A(1) 3: The court must not grant an extension unless it is satisfied that— a: the person reasonably requires longer than the 6-month period to decide whether to file a charging document b: the reason for requiring the longer period is that the investigation of the events and issues surrounding the alleged offence is complex or time-consuming; and c: it is in the public interest in the circumstances that a charging document is able to be filed d: filing the charging document 4: The court must give the following persons an opportunity to be heard: a: the person seeking the extension: b: the proposed defendant. Section 109B inserted 20 April 2010 section 28 Hazardous Substances and New Organisms Amendment Act 2010 Section 109B heading amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 109B(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 109B(3)(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 109B(3)(c) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 109B(3)(d) amended 1 July 2013 section 413 Criminal Procedure Act 2011 110: Infringement offences In sections 111 to 113 infringement fee section 140 infringement offence section 140 Section 110 infringement fee amended 7 May 1999 section 15(d) Hazardous Substances and New Organisms Amendment Act 1999 Section 110 infringement offence amended 7 May 1999 section 15(d) Hazardous Substances and New Organisms Amendment Act 1999 111: Commission of infringement offence 1: Where any person is alleged to have committed an infringement offence, that person may either— a: be proceeded against by filing a charging document under section 14 b: be served with an infringement notice as provided for in section 112 2: Proceedings commenced in the way described in subsection (1)(a) do not require the leave of a District Court Judge or Registrar under section 21(1)(a) Section 111(1)(a) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 111(2) inserted 1 December 2017 section 44 Hazardous Substances and New Organisms Amendment Act 2015 112: Infringement notices 1: Where an enforcement officer observes a person committing an infringement offence, or has reasonable cause to believe such an offence is being or has been committed by that person, an infringement notice may be issued in respect of that offence. 2: Any enforcement officer (not necessarily the officer who issued the notice) may deliver the infringement notice (or a copy of it) to the person alleged to have committed an infringement offence personally or by post addressed to that person's last known place of residence or business; and in that case 3: Every infringement notice shall be in the prescribed form and shall contain the following particulars: a: such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence; and b: the amount of the infringement fee specified for that offence; and c: the address at which the infringement fee may be paid; and d: the time within which the infringement fee must be paid; and e: a summary of the provisions of section 21(10) f: a statement that the person served with the notice has the right to request a hearing; and g: a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing; and h: such other particulars as are prescribed. 4: Where an infringement notice has been issued under this section, proceedings in respect of the offence to which the notice relates may be commenced in accordance with section 21 Section 112(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 113: Entitlement to infringement fees 1: A territorial authority shall be entitled to retain all infringement fees received by it in respect of infringement offences where the infringement notice was issued by an enforcement officer employed by that authority. 2: A regional council is entitled to retain all infringement fees received by it in respect of infringement offences where the infringement notice was issued by an enforcement officer employed by that council. 3: Except as provided in subsections (1) and (2), all infringement fees paid in respect of infringement offences must be paid into a Crown Bank Account. Section 113(2) inserted 1 December 2017 section 45 Hazardous Substances and New Organisms Amendment Act 2015 Section 113(3) inserted 1 December 2017 section 45 Hazardous Substances and New Organisms Amendment Act 2015 114: Penalties 1: Every person who commits an offence against paragraph (a) or paragraph (aa) paragraph (da) or paragraph (e)(i) to (vi) or paragraph (ea) or paragraph (eb) section 109(1) 1A: Every person who commits an offence against section 109(1)(e)(vii) a: in the case of a natural person, to a fine not exceeding $50,000: b: in the case of a person other than a natural person, to a fine not exceeding $100,000. 2: Every person who commits an offence against paragraph (f) or paragraph (g) or paragraph (h) or paragraph (i) of section 109(1) section 156(1) 3: Every person who commits an offence against paragraph (j) or paragraph (k) or paragraph (l) or paragraph (m) of section 109(1) 4: Where any person is convicted of an offence against section 109 5: Where any person is convicted of an offence against section 109 a: caused by or on behalf of the person; or b: relating to any land of which the person is the owner or occupier— or to pay the costs of doing so. 6: Where any person is convicted of an offence against section 109 6A: To avoid doubt, the court may make an order under either or both of subsection (5) and subsection (6) against the same person in respect of the same offence. 7: The continued existence of anything, or the intermittent repetition of any actions, contrary to any provision of this Act shall be deemed to be a continuing offence. Section 114(1) amended 1 November 2022 section 29(1) Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 114(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 114(1) amended 22 December 2005 section 30 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 114(1) amended 23 December 2004 section 13 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Section 114(1) amended 24 March 2004 section 8 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 Section 114(1A) inserted 1 November 2022 section 29(2) Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 114(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 114(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 114(6A) inserted 30 October 2003 section 51 Hazardous Substances and New Organisms Amendment Act 2003 115: Liability of employers and principals 1: Subject to subsection (3), where any offence is committed against this Act by a person as the employee of another person, that offence shall, for the purposes of this Act, be treated as committed by that other person as well as by the first-mentioned person, whether or not it was done with that other person's knowledge or approval. 2: Where any offence is committed against this Act by a person acting as the agent of another person, that offence shall, for the purposes of this Act, be treated as committed by the principal unless it is done without the principal's express or implied authority. 3: In any proceedings (being proceedings for an offence against this Act or regulations) against any person in respect of any offence alleged to have been committed against this Act by an employee of that person, it shall be a defence for that person to prove— a: that— i: he or she did not know nor could reasonably be expected to have known that the offence was to be or was being committed; or ii: he or she took such steps as were reasonably practicable to prevent the commission of the offence; and b: that he or she took such steps as were reasonable in all the circumstances to remedy any effects of the act or omission giving rise to the offence. 116: Liability of directors and officers of bodies corporate Where any body corporate is convicted of an offence against this Act, every director and every person concerned in the management of the body corporate shall be guilty of the like offence if it is proved— a: that the act that constituted the offence took place with his or her authority, permission, or consent; and b: that he or she knew or could reasonably be expected to have known that the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it. 117: Strict liability and defences 1: In any prosecution for an offence specified in paragraph (a) or paragraph (aa) or paragraph (eb) section 109(1) 2: It is a defence to prosecution of the kind referred to in subsection (1) if the defendant proves— a: that— i: the action or event to which the prosecution relates was necessary for the purposes of saving or protecting life or health, or preventing serious damage to property or avoiding an actual or likely adverse effect on the environment; and ii: the conduct of the defendant was reasonable in the circumstances; and iii: the defendant took such steps as were reasonable in all the circumstances to mitigate or remedy the effects of the action or event after it occurred; or b: that the action or event to which the prosecution relates was due to an event beyond the control of the defendant, including natural disaster, mechanical failure, or sabotage, and in each case— i: the action or event could not reasonably have been foreseen or been provided against by the defendant; and ii: the defendant took such steps as were reasonable in all the circumstances to mitigate or remedy the effects of the action or event after it occurred; or c: that the action or event to which the prosecution related was within the defendant's control; but— i: the defendant had taken all reasonable steps to prevent the action or event; and ii: the defendant took such steps as were reasonable in all the circumstances to mitigate or remedy the effects of the action or event after it occurred. 3: It is a defence to prosecution for any offence specified in section 109(1)(e)(ii) or (iii) a: complied with any code of practice approved under section 79 (and published under the Legislation Act 2019 b: was the holder of any current section 82 unless the defendant had reason to believe that the code of practice 4: Section 117(1) amended 22 December 2005 section 31 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 117(1) amended 23 December 2004 section 14 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Section 117(3) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 117(3) amended 7 May 1999 section 10 Hazardous Substances and New Organisms Amendment Act 1999 Section 117(3)(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 117(3)(b) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 117(4) repealed 1 December 2017 section 46 Hazardous Substances and New Organisms Amendment Act 2015 118: Fines to be paid to territorial authority instituting prosecution 1: Subject to subsection (2), where a person is convicted of an offence under section 109 charging document for that offence was filed 2: There shall be deducted from every amount payable to a territorial authority under subsection (1), a sum equal to 10% thereof, and that sum shall be credited to a Crown Bank Account 3: Notwithstanding anything in subsection (2), where any money awarded by a court in respect of any loss or damage is recovered as a fine, and that fine is ordered to be paid to a territorial authority under subsection (1), no deduction shall be made under subsection (2) in respect of that money. 4: Subject to subsection (2), an order of the court made under subsection (1) shall be sufficient authority for the Registrar receiving the fine to pay that fine to the territorial authority entitled to it under the order. 5: Nothing in section 73 Section 118(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 118(2) amended 25 January 2005 section 65R(3) Public Finance Act 1989 119: Search warrants 1: Any issuing officer (within the meaning of section 3 2012 subpart 3 a: any substance or organism that has been imported, manufactured, developed, supplied, b: any documents or other records which there are reasonable grounds to believe may be evidence of the commission of any offence under this Act to which paragraph (a) applies,— may issue a search warrant 2: Every search warrant shall be directed either to a constable constable constable 3: Subject to subsection (4) Part 4 2012 4: Despite subsection (3) sections 118 119 2012 5: 6: 7: 8: Section 119(1) amended 1 October 2012 section 255(2)(a) Search and Surveillance Act 2012 Section 119(1) amended 1 October 2012 section 255(2)(b) Search and Surveillance Act 2012 Section 119(1)(a) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 119(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 119(3) replaced 1 October 2012 section 255(3) Search and Surveillance Act 2012 Section 119(4) replaced 1 October 2012 section 255(3) Search and Surveillance Act 2012 Section 119(5) repealed 1 October 2012 section 255(3) Search and Surveillance Act 2012 Section 119(6) repealed 1 October 2012 section 255(3) Search and Surveillance Act 2012 Section 119(7) repealed 1 October 2012 section 255(3) Search and Surveillance Act 2012 Section 119(8) repealed 1 October 2012 section 255(3) Search and Surveillance Act 2012 120: Dealing with property seized by enforcement officers Section 120 repealed 1 October 2012 section 255(4) Search and Surveillance Act 2012 121: Application of Customs and Excise Act 2018 to hazardous substance imported in breach of this Act A hazardous substance that is being, or has been, imported in breach of this Act is a prohibited import under section 96 sections 388 389 Section 121 replaced 1 October 2018 section 443(3) Customs and Excise Act 2018 122: Power to require hazardous substance to leave New Zealand 1: If a Customs officer has reasonable cause to believe that a hazardous substance is being, or has been, imported in breach of this Act, the Customs officer may,— a: in the case of a hazardous substance that is being imported in breach of this Act, direct that the importer of the hazardous substance cause the hazardous substance to remain on the ship or aircraft and leave New Zealand at the importer's own cost and in accordance with the directions of the Customs officer; or b: in the case of a hazardous substance that has been imported in breach of this Act and has been unloaded from a ship or aircraft, direct that the importer of the hazardous substance cause the hazardous substance to leave New Zealand at the importer's own cost and in accordance with the directions of the Customs officer. 2: Subsection (1)(b) applies only to hazardous substances that are goods that are subject to the control of Customs in accordance with section 6 3: In this section,— cost importer section 5(1) Section 122 substituted 22 December 2005 section 33 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 122(2) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 122(3) importer amended 1 October 2018 section 443(3) Customs and Excise Act 2018 123: Declaration that organism not genetically modified Any inspector (as defined in section 2(1) 124: Responsibilities of carrier and person in charge of any craft 1: For the purposes of this Act, the carrier and the person in charge of any craft that berths, lands, or otherwise arrives in New Zealand from another country, or that is to so berth, land, or arrive, shall— a: ensure that any documentation, required by regulations or any EPA notice b: on arrival of the craft at a Customs place 2: The carrier and the person in charge of a craft leaving New Zealand shall— a: provide transportation from New Zealand, at the cost in respects of the carrier, of any hazardous substance on board the craft, or any other craft operated by the carrier when it arrived in New Zealand, which was not accompanied by the documentation required by regulations or any EPA notice b: in respect of any hazardous substance for which the carrier is obliged to provide transportation or the cost of transportation under paragraph (a), to pay all the costs (if any) incurred by the Crown in holding that substance before the removal of that substance from New Zealand. Section 124(1)(a) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 124(1)(b) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 124(2)(a) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 7A: Pecuniary penalties and civil liability for breaches relating to new organisms Part 7A inserted 30 October 2003 section 52 Hazardous Substances and New Organisms Amendment Act 2003 124A: Interpretation In this Part, unless the context otherwise requires,— court enforcement agency Biosecurity Act 1993 Section 124A inserted 30 October 2003 section 52 Hazardous Substances and New Organisms Amendment Act 2003 Pecuniary penalties Heading inserted 30 October 2003 section 52 Hazardous Substances and New Organisms Amendment Act 2003 124B: Pecuniary penalty order 1: The enforcement agency may apply to the court for an order that a person pay to the Crown a pecuniary penalty under this Act. 2: The court may make the order if it is satisfied that the person— a: developed, field tested, imported, or released a new organism in breach of this Act; or b: possessed or disposed of any new organism imported, c: failed to comply with any controls relating to a new organism— i: imposed by any approval granted under this Act; or ii: specified in regulations made under this Act. 3: The court must not make the order if the person satisfies the court that the person did not know, and could not reasonably have known, of the breach. Section 124B inserted 30 October 2003 section 52 Hazardous Substances and New Organisms Amendment Act 2003 Section 124B(2)(b) amended 20 September 2007 section 6 Hazardous Substances and New Organisms Amendment Act 2007 124C: Amount of pecuniary penalty 1: The court must not make an order for the payment of a pecuniary penalty that exceeds,— a: in the case of an individual, $500,000; or b: in the case of a body corporate, the greater of— i: $10,000,000; or ii: if it can be readily ascertained and if the court is satisfied that the contravention occurred in the course of producing a commercial gain, 3 times the value of any commercial gain resulting from the contravention; or iii: if the commercial gain cannot be readily ascertained, 10% of the turnover of the body corporate and all of its interconnected bodies corporate (if any). 2: In determining an appropriate penalty under this section, the court must have regard to all relevant matters, including— a: the nature and extent of the breach: b: the nature and extent of any loss or damage suffered by any person or to the environment as a result of the breach: c: the circumstances in which the breach took place: d: whether or not the person has previously been found in proceedings under this Act to have engaged in any similar conduct: e: the steps taken by the person to bring the breach to the attention of the enforcement agency: f: the steps taken by the person to avoid, remedy, or mitigate the effects of the breach. 3: In this section, interconnected turnover Commerce Act 1986 Section 124C inserted 30 October 2003 section 52 Hazardous Substances and New Organisms Amendment Act 2003 124D: Other orders instead of or in addition to pecuniary penalty order 1: At the conclusion of proceedings for an order for the payment of a pecuniary penalty under section 124B a: an order that the person mitigate or remedy any adverse effects on people or the environment— i: caused by or on behalf of the person; or ii: relating to any land that the person owns or occupies; or b: an order to pay the costs of mitigating or remedying the adverse effects specified in paragraph (a). 2: At the conclusion of proceedings for an order for the payment of a pecuniary penalty under section 124B 3: To avoid doubt, the court may make an order under either or both of subsections (1) and (2) against the same person in respect of the same breach. Section 124D inserted 30 October 2003 section 52 Hazardous Substances and New Organisms Amendment Act 2003 124E: Standard of proof and procedural matters In proceedings for an order under section 124B a: the standard of proof is the standard of proof that applies in civil proceedings; and b: the enforcement agency may, by order of the court, obtain discovery and administer interrogatories. Section 124E inserted 30 October 2003 section 52 Hazardous Substances and New Organisms Amendment Act 2003 124F: Relationship between concurrent proceedings for pecuniary penalty and criminal proceedings 1: Criminal proceedings under this Act may be started against a person whether or not proceedings for an order under section 124B 2: Uncompleted proceedings for an order under section 124B Section 124F inserted 30 October 2003 section 52 Hazardous Substances and New Organisms Amendment Act 2003 Civil liability for acts and omissions while in breach Heading inserted 30 October 2003 section 52 Hazardous Substances and New Organisms Amendment Act 2003 124G: Civil liability 1: A person is liable in damages for any loss or damage caused by any act or omission of the person while— a: developing, field testing, importing, or releasing a new organism in breach of this Act; or b: possessing or disposing of any new organism imported, c: failing to comply with any controls relating to a new organism— i: imposed by any approval granted under this Act; or ii: specified in any regulations made under this Act. 2: A person is liable under subsection (1) whether or not— a: the person intended the act, omission, or breach; or b: the person was taking reasonable care when the act, omission, or breach occurred. 3: To avoid doubt, proceedings under this section are in addition to, and not in substitution for, any other cause of action. Section 124G inserted 30 October 2003 section 52 Hazardous Substances and New Organisms Amendment Act 2003 Section 124G(1)(b) amended 20 September 2007 section 7 Hazardous Substances and New Organisms Amendment Act 2007 124H: Defences to liability under section 124G 1: A person is not liable under section 124G 2: The defences are— a: that— i: the breach was necessary for the purpose of— A: saving or protecting life or health; or B: preventing serious damage to property; or C: avoiding an actual or likely adverse effect on the environment; and ii: the conduct of the defendant was reasonable in the circumstances; and iii: the defendant took steps that were reasonable in all the circumstances to mitigate or remedy the effects of the breach after it occurred; or b: that the breach was due to an event beyond the control of the defendant (including natural disaster, mechanical failure, or sabotage) and— i: the event could not reasonably have been foreseen or been provided against by the defendant; and ii: the defendant took steps that were reasonable in all the circumstances to mitigate or remedy the effects of the breach after the event occurred; or c: that the defendant did not know, and could not reasonably have known, of the breach. Section 124H inserted 30 October 2003 section 52 Hazardous Substances and New Organisms Amendment Act 2003 Liability for acts and omissions of others Heading inserted 30 October 2003 section 52 Hazardous Substances and New Organisms Amendment Act 2003 124I: Breaches, acts, and omissions by directors, employees, or agents 1: This section applies for the purposes of sections 124B 124G 2: A body corporate is to be treated as in breach of this Act or as having done or omitted to do an act if— a: a director, employee, or agent of the body corporate, acting within the scope of his or her actual or apparent authority, is in breach of this Act or has done or omitted to do an act; or b: any other person, at the direction or with the consent or agreement (whether express or implied) of a director, employee, or agent of the body corporate, given within the scope of the actual or apparent authority of the director, employee, or agent, is in breach of this Act or has done or omitted to do an act. 3: A person ( person A a: an employee or agent of person A, acting within the scope of his or her actual or apparent authority, is in breach of this Act or has done or omitted to do an act; or b: any other person, at the direction or with the consent or agreement (whether express or implied) of an employee or agent of person A, given within the scope of the actual or apparent authority of the employee or agent, is in breach of this Act or has done or omitted to do an act. 4: If a person in breach of this Act has a defence to the breach under section 124H 5: However, the defence under section 124H(2)(c) 6: If the court is prevented by section 124B(3) Section 124I inserted 30 October 2003 section 52 Hazardous Substances and New Organisms Amendment Act 2003 8: Appeals 125: Appeals 1: In any case where the Authority— a: issues a transferable permit entitling the holder to import or manufacture less substance than the holder claimed to be entitled to import or manufacture; or b: declines any application for a transferable permit; or c: revokes any transferable permit; or d: imposes any charge on any person to recover costs in accordance with section 21 da: revokes a section 82C e: f: g: h: i: declines any application under section 51 any person directly affected may appeal against that decision to the District Court. 1A: A person may appeal to the District Court against a decision of the Authority, under section 95A a: about the terms and conditions of a permission held by the person; or b: declining to grant the person a permission or revoking a permission held by the person. 2: In any case where— a: any property is seized and retained pursuant to section 119 b: an application for compensation is declined in accordance with section 138 c: costs are awarded in accordance with section 61 the person directly affected may appeal against that decision to the District Court. 2A: Where a Customs officer directs in accordance with section 122 2B: If a Customs officer directs in accordance with section 122 3: Any person on whom a compliance order is served may appeal to the District Court against the whole or any part of that order. 4: Any person who lodges a notice of appeal under subsection (3) may apply to the District Court for a stay of the compliance order until the determination of the appeal. 5: The District Court shall not confirm a compliance order against which an appeal has been lodged where the person on whom the order was served was acting in accordance with— a: EPA controls b: conditions imposed on an approval granted under this Act. 6: Subject to subsection (7), the decision of the court on any appeal under this Act shall be final. 7: Any party to an appeal under this section may further appeal to the High Court on a question of law. 8: An appeal under this section must be made and determined in accordance with the District Court Act 2016 District Court Rules 2014 Section 125(1)(da) inserted 22 December 2005 section 34(1) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 125(1)(da) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 125(1)(e) repealed 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 125(1)(f) repealed 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 125(1)(g) repealed 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 125(1)(h) repealed 7 May 1999 section 12(1) Hazardous Substances and New Organisms Amendment Act 1999 Section 125(1A) replaced 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 125(2A) inserted 7 May 1999 section 12(2) Hazardous Substances and New Organisms Amendment Act 1999 Section 125(2B) inserted 22 December 2005 section 34(2) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 125(5)(a) amended 1 December 2017 section 47(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 125(8) inserted 1 December 2017 section 47(2) Hazardous Substances and New Organisms Amendment Act 2015 126: Appeal on question of law 1: Any— a: party to any application for an approval or an application under section 26 b: person who made submissions to the Authority on any application for an approval or an application under section 26 may appeal against the decision of the Authority to the High Court on a question of law, unless a right of appeal to the District Court against the decision is provided for in any other provision of this Act. 2: Any report and recommendation of the Authority under section 72 Part 10 High Court Rules 2016 3: An appeal under this section shall be made in accordance with the High Court Rules 2016 sections 127 to 134 Section 126(2) amended 18 October 2016 section 183(c) Senior Courts Act 2016 Section 126(3) amended 18 October 2016 section 183(c) Senior Courts Act 2016 127: Notice of appeal Before or immediately after the filing and service of a notice of appeal, the appellant shall serve a copy of the notice on— a: the Authority; and b: every other party to the proceedings; and c: any other person who made a submission to the Authority. 128: Right to appear and be heard on appeal 1: A party to any proceedings, or any person who made submissions to the Authority, and who wishes to appear and be heard on an appeal to the High Court, shall give notice of his or her intention to appear to— a: the appellant; and b: the Registrar of the High Court; and c: the Authority. 2: The notice to appear under subsection (1) shall be served within 10 working days after the party or the person was served with the notice of appeal. 129: Parties to appeal before High Court 1: The parties to an appeal before the High Court are the appellant, the Authority, and any person who gives notice of intention to appear under section 128 2: The Registrar of the High Court shall ensure that the parties to an appeal before the High Court are served with— a: a copy of every document which is filed or lodged with the Registrar of the High Court relating to the appeal; and b: notice of the time and date set down for hearing the appeal. 130: Orders of High Court 1: The High Court may, on application to it or on its own motion, make an order directing the Authority to lodge with the Registrar of the High Court all or any of the following things: a: anything in the possession of the Authority relating to the appeal; and b: a report recording, in respect of any matter or issue the court may specify, any of the findings of fact of the Authority which are not set out in its decision or report and recommendation; and c: a report setting out, so far as is reasonably practicable and in respect of any issue or matter the order may specify, any reasons or considerations to which the Authority had regard but which are not set out in its decision or report and recommendation. 2: An application under subsection (1) shall be made,— a: in the case of the appellant, within 20 working days after the date on which the notice of appeal is lodged; or b: in the case of any other party to the appeal, within 20 working days after the date of the service on him or her of a copy of the notice of appeal. 3: The High Court may make an order under subsection (1) only if it is satisfied that a proper determination of a point of law so requires; and the order may be made subject to such conditions as the High Court thinks fit. 131: Additional appeals on points of law 1: When a party to an appeal, other than the appellant, wishes to contend that the decision or report and recommendation of the Authority or District Court is in error on other points of law, that party may lodge a notice to that effect with the Registrar of the High Court. 2: The notice under subsection (1) shall be lodged within 20 working days after the date on which the respondent is served with a copy of the notice of appeal. 3: Sections 127 to 129 132: Extension of time On the application of a party to an appeal, the High Court may extend any period of time stated in sections 128 130 133: Date of hearing When a party to an appeal notifies the Registrar of the High Court— a: that the notice of appeal has been served on all parties to the proceedings; and b: either— i: that no application has been lodged under section 130 ii: that any application lodged under section 130 the appeal is ready for hearing and the Registrar shall arrange a hearing date as soon as practicable. 134: Appeals to Court of Appeal Subpart 8 section 126 section 304 Section 134 replaced 1 July 2013 section 413 Criminal Procedure Act 2011 9: Emergencies 135: Interpretation In this Part, unless the context otherwise requires,— emergency a: actual or imminent danger to human health or safety; or b: a danger to the environment or chattels so significant that immediate action is required to remove the danger— arising from a hazardous substance or new organism enforcement officer constable employee, volunteer, or contractor of Fire and Emergency New Zealand exercising powers under the Fire and Emergency New Zealand Act 2017 Section 135 enforcement officer amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 135 enforcement officer amended 1 October 2008 section 116(a)(ii) Policing Act 2008 136: Declaration of emergency 1: Where any enforcement officer has reasonable grounds to believe that— a: there is an emergency; and b: either,— i: no state of emergency has been declared under the Civil Defence Emergency Management Act 2002 ii: the emergency is not being dealt with under the Fire and Emergency New Zealand Act 2017 iii: no emergency has been declared under section 144 iv: no other enforcement officer has declared an emergency under this Act; and c: all or any of the powers set out in section 137 i: enter any premises or dwelling; or ii: remove the cause of the emergency; or iii: stabilise the situation to limit the actual or likely adverse effects of the emergency; or iv: protect the health and safety of people, chattels, or the environment from the actual or likely adverse effects of any emergency,— the enforcement officer may declare a hazardous substance or new organisms emergency. 2: A hazardous substance or new organisms emergency shall be declared by the enforcement officer by— a: identifying himself or herself to any persons in the vicinity; and b: stating his or her authority to exercise emergency powers; and c: announcing the nature of the emergency and the area likely to be affected. 3: Every enforcement officer shall notify— a: the person who appointed him or her as an enforcement officer, if he or she was appointed under section 98 b: the Authority— of every occasion on which a hazardous substances or new organisms emergency is declared by that officer under this section. 4: Any emergency declared under this section shall cease— a: 48 hours after the time of declaration; or b: when a state of emergency is declared under the Civil Defence Emergency Management Act 2002 c: when the emergency is treated by Fire and Emergency New Zealand Fire and Emergency New Zealand Act 2017 d: when an emergency is declared under section 144 whichever is the sooner. 5: Where the conditions which caused the emergency to be declared under subsection (1) still exist 48 hours after the time of declaration of the emergency and the emergency has not been treated as an emergency under any of the provisions in paragraphs (b), (c), and (d) of subsection (4), 1 further declaration of emergency may be made under this Act and the provisions of subsection (4) shall apply accordingly. 6: Any emergency declared under this section shall have effect over the area specified under subsection (2)(c). Section 136(1)(b)(i) substituted 1 December 2002 section 117 Civil Defence Emergency Management Act 2002 Section 136(1)(b)(ii) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 136(4)(b) substituted 1 December 2002 section 117 Civil Defence Emergency Management Act 2002 Section 136(4)(c) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 137: Emergency powers 1: When a hazardous substance or new organisms emergency has been declared under section 136 a: enter any premises or any dwelling at any time without complying with the provisions of section 103 103A 119 b: exercise any of the powers set out in section 103 or 103A c: exercise any of the powers set out in section 119(5) d: direct any person to stop any activity which may contribute to the emergency: e: request any person, either verbally or in writing, to take any action to prevent or limit the extent of the emergency: f: direct any person to leave any place in the vicinity of the emergency: g: direct any person to refrain from entering the vicinity of the emergency: h: requisition any property for use in the emergency: i: destroy any property or any other thing in order to prevent or limit the extent of the emergency: j: secure the site for up to 24 hours following the decision of the enforcement officer that the immediate danger is past. 2: If an enforcement officer enters any private property pursuant to the powers conferred by subsection (1), he or she shall advise the occupier of the property as soon as practicable. Section 137(1)(a) amended 1 November 2022 section 30(1) Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 137(1)(b) amended 1 November 2022 section 30(2) Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 137(1)(b) amended 7 May 1999 section 15(e) Hazardous Substances and New Organisms Amendment Act 1999 138: Compensation for property requisitioned or destroyed 1: Where any enforcement officer or any person acting at the request of an enforcement officer, made under section 137(1)(e) a: requisitions any property from any person for use in an emergency; or b: destroys any property in order to prevent or limit the extent of any emergency,— there shall be payable, on written application by any person having an interest in the property, by the organisation whose chief executive appointed the enforcement officer or (where the enforcement officer is a constable 2: Compensation shall not be payable under this section to any person who caused or contributed substantially to the emergency which brought about the requisition or destruction. 3: Where there is any dispute as to the entitlement of any person to compensation under this section, or as to the amount of such compensation, or as to the liability of the Crown or any other person or organisation to pay any such compensation, the matter shall be determined by any court of competent jurisdiction. Section 138(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 139: Protection of enforcement officers and persons No action or proceedings shall be brought against any enforcement officer or any person acting at the request of an enforcement officer made under section 137(1)(e) 10: Miscellaneous provisions 140: Regulations 1: Subject to section 141 a: prescribing organisms as genetically modified organisms for the purpose of this Act: b: prescribing organisms as organisms that are not genetically modified for the purpose of this Act: c: prescribing organisms that are not new organisms for the purpose of this Act: d: prescribing the method of estimating the quantity of any organism to be imported: e: prescribing controls for any conditionally released new organism or any qualifying organism released with controls, to avoid or mitigate any adverse effects on the physical or chemical nature of the environment: f: prescribing controls for any conditionally released new organism or any qualifying organism released with controls, to avoid or mitigate illness or injury to people or animals (other than the persons or animals referred to in section 38I(4)(a) and (b) g: prescribing— i: any species as a risk species where any subspecies, infrasubspecies, variety, strain, or cultivar of that species may have adverse effects on the health and safety of people or the environment; or ii: any subspecies, infrasubspecies, variety, strain, or cultivar as a risk species where that subspecies, infrasubspecies, variety, strain, or cultivar may have adverse effects on the health and safety of people or the environment: h: prescribing offences under this Act that constitute infringement offences against this Act: i: prescribing forms of infringement notices, and prescribing the infringement fees (not exceeding $3,000) for each infringement offence, which may be different fees for different offences: j: prescribing countries or organisations for the purpose of sections 34 38A 40 k: prescribing information to be provided with any application for approval relating to new organisms: l: prescribing forms for the purpose of this Act that relate to new organisms and prescribing forms of search warrants under this Act: m: prescribing qualifications for enforcement officers appointed under section 100 n: prescribing controls for by-products with hazardous properties, which result from the manufacture of any substance: o: prescribing damage as serious environmental damage for the purpose of section 144 p: prescribing prohibitions on the possession, importation, and manufacture of any hazardous substance: q: prescribing restrictions on the access to or use of a hazardous substance outside the workplace: r: prescribing restrictions on the sale of any hazardous substance: s: prescribing prohibitions on the sale of specified fireworks: t: providing for any matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect. 2: Regulations may be made under subsection (1)(c) only if the Minister has considered— a: whether the organism has formed a self-sustaining population in New Zealand; and b: whether any person is attempting to manage, control, or eradicate the organism under any Act. 3: Regulations made under subsection (1)(h) may (without limitation) prescribe as an infringement offence the failure to comply with— a: any control referred to in section 109(1)(e)(ii) or (v) b: any requirement referred to in section 109(1)(e)(vi) c: any condition referred to in section 109(1)(eb) 4: Regulations may be made under subsection (1)(p), (q), or (r) only if the Minister— a: is satisfied that the proposed regulations are desirable in the public interest; and b: has consulted the Authority and the Minister for Workplace Relations and Safety. 5: Any regulations or other instrument made under this Act may provide for controls by reference to controls in regulations under any other Act. 6: Regulations made under this section may— a: be of general or limited application: b: differ according to differences in time, place, or circumstance, or on any other basis: c: impose prohibitions: d: impose obligations and restrictions on persons: e: apply differently to people of a differing age or health status, and may apply only to people of a particular age or health status. 7: Any regulation made under this section is not invalid merely because it confers a discretion on, or allows a matter to be determined or approved by, any person. 8: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 140 replaced 1 December 2017 section 48 Hazardous Substances and New Organisms Amendment Act 2015 Section 140(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 140A: Persistent organic pollutants 1: The Governor-General may, by Order in Council, amend Schedule 2A a: add any hazardous substance that exhibits the characteristics of a persistent organic pollutant as specified in the Stockholm Convention: b: include or amend a use for a persistent organic pollutant: c: include or amend a date on the close of which a use included under paragraph (b) ceases to be allowed. 2: An Order in Council made under subsection (1) must be consistent with New Zealand's obligations under the Stockholm Convention. 3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 140A inserted 23 December 2004 section 15 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Section 140A(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 140B: Schedule 1AA may be amended or substituted 1: The Governor-General may, by Order in Council,— a: amend Schedule 1AA b: revoke Schedule 1AA 2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 140B inserted 23 December 2004 section 15 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Section 140B(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 141: Procedure for making Orders in Council 1: Before making any recommendation for the purpose of making any Order in Council under this Act (other than any Order in Council or part of an Order in Council made under section 9(1) 55(6) 140(1)(i), (j), or (m) 140B a: request the Authority to— i: do everything reasonably practicable on its part to advise all persons, who or which in its opinion may be affected by any Order in Council made in accordance with the recommendation, of the proposed terms of the Order in Council; and ii: give such persons a reasonable opportunity to make submissions on them to the Authority; and iii: advise the Minister of any submissions received, and any comments the Authority wishes to make on the submissions or the proposed Order in Council; and b: request the Authority to advise on the best international practices and standards for the safe management of hazardous substances and new organisms,— and the Minister shall have regard to those submissions and comments received in accordance with paragraph (a) and to the advice received in accordance with paragraph (b). 2: Subsection (1)(a) shall not apply in respect of any Order in Council if the Minister considers it is desirable in the public interest that the Order in Council be made urgently. 2A: Subsection (1) does not apply in respect of an Order in Council if its sole purpose is to revoke any regulations replaced or to be replaced, or otherwise provided for, by an EPA notice or by any regulations or safe work instrument made under the Health and Safety at Work Act 2015 3: A failure to comply with subsection (1) shall not affect the validity of any Order in Council made under this Act. Section 141(1) amended 8 November 2016 section 11 Agricultural Compounds and Veterinary Medicines Amendment Act 2016 Section 141(1) amended 5 September 2015 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 141(1) amended 1 July 2011 section 12 Hazardous Substances and New Organisms Amendment Act 2011 Section 141(2A) inserted 5 September 2015 section 49 Hazardous Substances and New Organisms Amendment Act 2015 141A: Incorporation of material by reference 1: The following material may be incorporated by reference into any regulations, EPA notice, a: standards, requirements, or recommended practices of national or international organisations: ab: standards, requirements, or recommended practices prescribed in any country or jurisdiction or by any group of countries: b: any document or other material that, in the opinion of the Minister (in the case of regulations) or the Authority (in the case of an EPA notice, a group standard, a notice of transfer, or a code regulations, EPA notice, 2: Any such material may be so incorporated in regulations, an EPA notice, regulations, EPA notice, 3: Material has legal effect as part of the regulations, EPA notice, 4: Section 141A inserted 2 July 2001 section 35 Hazardous Substances and New Organisms Amendment Act 2000 Section 141A(1) amended 5 September 2015 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 141A(1) amended 22 December 2005 section 35(1) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 141A(1)(a) substituted 20 April 2010 section 30(1) Hazardous Substances and New Organisms Amendment Act 2010 Section 141A(1)(ab) inserted 20 April 2010 section 30(1) Hazardous Substances and New Organisms Amendment Act 2010 Section 141A(1)(b) amended 5 September 2015 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 141A(1)(b) amended 22 December 2005 section 35(2)(b) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 141A(2) amended 5 September 2015 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 141A(2) amended 22 December 2005 section 35(3)(a) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 141A(2) amended 22 December 2005 section 35(3)(b) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 141A(3) substituted 20 April 2010 section 30(2) Hazardous Substances and New Organisms Amendment Act 2010 Section 141A(3) amended 5 September 2015 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 141A(4) repealed 20 April 2010 section 30(3) Hazardous Substances and New Organisms Amendment Act 2010 141B: Amendment to, or replacement of, material incorporated by reference 1: An amendment to, or replacement of, material has legal effect as part of the regulations, EPA notice, under the Legislation Act 2019 a: stating that the amendment or replacement has that effect; and b: specifying the date of publication of the notice 2: The following person may make a: the Minister, in the case of material incorporated in regulations; or b: the Authority, in the case of material incorporated in an EPA notice or 3: The notice must not be made 4: An amendment to, or replacement of, material does not have legal effect as part of a notice of transfer in which the material is incorporated by reference. 5: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 The Ministry of Foreign Affairs and Trade considers that, if it relates to a group standard, the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 141B inserted 20 April 2010 section 31 Hazardous Substances and New Organisms Amendment Act 2010 Section 141B(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 141B(1) amended 5 September 2015 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 141B(1)(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 141B(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 141B(2)(b) amended 5 September 2015 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 141B(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 141B(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 141C: Proof of material incorporated by reference 1: A copy of material that is incorporated by reference in regulations, including any amendment to, or replacement of, that material, must be— a: certified as a correct copy of the material by the chief executive of the Ministry for the Environment; and b: retained by that chief executive or the chief executive of the Authority. 2: A copy of material that is incorporated by reference in an EPA notice or a: certified as a correct copy of the material by the chief executive of the Authority; and b: retained by that chief executive. 3: The production in proceedings of a certified copy of the material is, in the absence of evidence to the contrary, sufficient evidence of the incorporation of that material in the regulations, EPA notice, Section 141C inserted 20 April 2010 section 31 Hazardous Substances and New Organisms Amendment Act 2010 Section 141C(2) amended 5 September 2015 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 141C(3) amended 5 September 2015 section 54 Hazardous Substances and New Organisms Amendment Act 2015 141D: Material incorporated by reference that ceases to have effect 1: If material ceases to have effect, it ceases to have legal effect as part of the regulations, EPA notice, under the Legislation Act 2019 a: stating that the material ceases to have that effect; and b: specifying the date of publication of the notice 2: The following person may make a: the Minister, in the case of material incorporated in regulations; or b: the Authority, in the case of material incorporated in an EPA notice or 3: Material that ceases to have effect does not cease to have legal effect as part of a notice of transfer in which the material is incorporated by reference. 4: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 The Ministry of Foreign Affairs and Trade considers that, if it relates to a group standard, the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 141D inserted 20 April 2010 section 31 Hazardous Substances and New Organisms Amendment Act 2010 Section 141D(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 141D(1) amended 5 September 2015 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 141D(1)(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 141D(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 141D(2)(b) amended 5 September 2015 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 141D(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 141E: Notice must be provided to committee responsible for examining regulations Section 141E repealed 28 October 2021 section 3 Secondary Legislation Act 2021 141F: Requirement to consult on proposal to amend or replace material incorporated by reference 1: The Minister must comply with subsection (2) before making a notice section 141B 2: The Minister must notify and consult on the proposed amendment to, or replacement of, material in accordance with section 141 3: The chief executive of the Authority must comply with subsection (4) before making a notice section 141B EPA notice or 4: The chief executive must notify and consult on the proposed amendment to, or replacement of, material,— a: in the case of a group standard, in accordance with sections 53 to 61 section 96B b: in the case of a code of practice, in accordance with section 79(2) and (3) ; or c: in the case of an EPA notice, in accordance with section 76C 4A: However, there is no need to comply with subsection (2) or (4) in the case of an amendment to material incorporated by reference if the Minister or the chief executive, as the case may be, considers that the amendment is minor in effect or corrects a minor or technical error. 5: A failure to comply with this section does not invalidate regulations that incorporate material by reference or an EPA notice or Section 141F inserted 20 April 2010 section 31 Hazardous Substances and New Organisms Amendment Act 2010 Section 141F(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 141F(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 141F(3) amended 5 September 2015 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 141F(4)(b) amended 5 September 2015 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 141F(4)(c) inserted 5 September 2015 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 141F(4A) inserted 5 September 2015 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 141F(5) amended 5 September 2015 section 54 Hazardous Substances and New Organisms Amendment Act 2015 141G: Access to material incorporated by reference in regulations 1: This section applies if material is incorporated by reference in regulations. 2: The chief executive of the Ministry for the Environment must— a: make the material referred to in subsection (5) (the incorporated material i: the head office of the Ministry; and ii: any other places that the chief executive may, at his or her discretion, determine are appropriate; and b: ensure that copies of the incorporated material are available for purchase by members of the public at a reasonable price; and c: make copies of the incorporated material available, free of charge, on an Internet site maintained by or on behalf of the Ministry, unless doing so would infringe copyright in that material or be inconsistent with any other enactment or rule of law; and d: give notice in the Gazette i: stating that the incorporated material is available for inspection during working hours, free of charge, and specifying the places at which it can be inspected; and ii: stating that copies of the incorporated material can be purchased and specifying the places at which they can be purchased; and iii: if applicable, stating that the incorporated material is available on the Internet, free of charge, and specifying the Internet site address. 3: The chief executive— a: may make copies of the incorporated material available in any other way that he or she considers appropriate in the circumstances; and b: must, if paragraph (a) applies, give notice in the Gazette 4: The chief executive may comply with subsection (2)(c) by providing a hypertext link from an Internet site maintained by or on behalf of the Ministry to a copy of the incorporated material that is available, free of charge, on an Internet site that is maintained by or on behalf of someone else. 5: The material is— a: material incorporated by reference in regulations: b: any amendment to, or replacement of, that material that is incorporated in the regulations, or the material referred to in paragraph (a) with the amendments or replacement material incorporated: c: if the material referred to in paragraph (a) or (b) is not in an official New Zealand language, as well as the material itself, an accurate translation in an official New Zealand language of the material. 6: A failure to comply with this section does not invalidate regulations that incorporate material by reference. Section 141G inserted 20 April 2010 section 31 Hazardous Substances and New Organisms Amendment Act 2010 141GA: Access to material incorporated by reference in EPA notices 1: This section applies if material is incorporated by reference in an EPA notice. 2: The chief executive of the Authority must— a: make the material referred to in subsection (5) (the incorporated material i: the head office of the Authority; and ii: any other places that the chief executive may, at his or her discretion, determine are appropriate; and b: ensure that copies of the incorporated material are available for purchase by members of the public at a reasonable price; and c: make copies of the incorporated material available, free of charge, on an Internet site maintained by or on behalf of the Authority, unless doing so would infringe copyright in that material or be inconsistent with any other enactment or rule of law; and d: give notice in the Gazette i: stating that the incorporated material is available for inspection during working hours, free of charge, and specifying the places at which it can be inspected; and ii: stating that copies of the incorporated material can be purchased and specifying the places at which they can be purchased; and iii: if applicable, stating that the incorporated material is available on the Internet, free of charge, and specifying the Internet site address. 3: The chief executive— a: may make copies of the incorporated material available in any other way that he or she considers appropriate in the circumstances; and b: must, if paragraph (a) applies, give notice in the Gazette 4: The chief executive may comply with subsection (2)(c) by providing a hypertext link from an Internet site maintained by or on behalf of the Authority to a copy of the incorporated material that is available, free of charge, on an Internet site that is maintained by or on behalf of someone else. 5: The material is— a: material incorporated by reference in an EPA notice: b: any amendment to, or replacement of, that material that is incorporated in an EPA notice, or the material referred to in paragraph (a) with the amendments or replacement material incorporated: c: if the material referred to in paragraph (a) or (b) is not in an official New Zealand language, as well as the material itself, an accurate translation in an official New Zealand language of the material. 6: A failure to comply with this section does not invalidate an EPA notice that incorporates material by reference. Section 141GA inserted 5 September 2015 section 54 Hazardous Substances and New Organisms Amendment Act 2015 141H: Access to material incorporated by reference in group standard, notice of transfer, or code of practice 1: This section applies if material is incorporated by reference in a group standard, notice of transfer, or code of practice. 2: The chief executive of the Authority must— a: make the material referred to in subsection (3) (the incorporated material b: ensure that copies of the incorporated material are available for purchase by members of the public at a reasonable price; and c: give notice in the Gazette i: stating that the incorporated material is available for inspection free of charge and specifying the places at which it can be inspected; and ii: stating that copies of the incorporated material can be purchased and specifying the places at which they can be purchased. 3: The material is— a: material incorporated by reference in a group standard, notice of transfer, or code of practice: b: any amendment to, or replacement of, that material that is incorporated in the group standard or code of practice, or the material referred to in paragraph (a) with the amendments or replacement material incorporated: c: if the material referred to in paragraph (a) or (b) is not in an official New Zealand language, as well as the material itself, an accurate translation in an official New Zealand language of the material. 4: A failure to comply with this section does not invalidate a group standard, notice of transfer, or code of practice that incorporates material by reference. Section 141H inserted 20 April 2010 section 31 Hazardous Substances and New Organisms Amendment Act 2010 141I: Application of Legislation Act 2019 1: Subpart 1 section 114 2: Subparts 1 2 Section 141I replaced 28 October 2021 section 3 Secondary Legislation Act 2021 142: Relationship to other Acts 1: Nothing in this Act shall affect the requirements of the Biosecurity Act 1993 2: 3: 4: Nothing in this Act shall apply to any resource consent, being— a: a land use consent relating to the storage, use, disposal, or transportation of any hazardous substance; or b: a coastal permit to do something that would otherwise contravene section 15 c: a discharge permit,— where that resource consent was granted before the coming into force of any regulations made under this Act (other than regulations made under Parts 11 to 16 section 128 5: For the purposes of this section, resource consent Resource Management Act 1991 6: Any controls prescribed under any other Act for any hazardous substance shall not contravene the provisions of EPA notices issued sections 75 76 a: there is a provision in that other Act that expressly provides that controls made under that other Act for specified purposes may contravene the provisions of EPA notices issued b: the controls are made for the purposes provided for in that Act. 7: Nothing in this Act affects the requirements of the Health and Safety at Work Act 2015 Section 142(2) repealed 19 April 2017 section 123 Resource Legislation Amendment Act 2017 Section 142(3) repealed 19 April 2017 section 123 Resource Legislation Amendment Act 2017 Section 142(6) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 142(6)(a) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 142(7) inserted 1 December 2017 section 50 Hazardous Substances and New Organisms Amendment Act 2015 142A: Exemptions from approval requirements Section 142A expired 2 July 2006 143: Notification of hazardous substances injuries 1: In this section,— hospital section 58(4) medical practitioner section 114(1)(a) 2: If any person, upon admission to a hospital, is found to be suffering from any injury caused by a hazardous substance, the person for the time being in charge of the hospital shall give notice of the injury to the Medical Officer of Health. 2A: If a medical practitioner finds that a person who is not admitted to a hospital is suffering from an injury caused by a hazardous substance, the medical practitioner must give notice of the injury to the Medical Officer of Health. 3: The Medical Officer of Health shall ensure that information about any injury notified in accordance with subsection (2) or subsection (2A) Section 143(1) substituted 22 December 2005 section 36(1) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 143(2A) inserted 22 December 2005 section 36(2) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 143(3) amended 22 December 2005 section 36(3) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 144: Reporting of incidents 1: Every person in charge of a substance involved in an incident resulting in death, or a notifiable injury or illness as defined by section 23 2: No person shall be obliged to report an incident to an enforcement officer under this Act where the incident is required to be reported under any other Act. Section 144(1) replaced 1 December 2017 section 51 Hazardous Substances and New Organisms Amendment Act 2015 145: Ombudsmen Act 1975 amended Section 145 repealed 25 January 2005 section 200 Crown Entities Act 2004 146: Authority to be Crown entity Section 146 repealed 25 January 2005 section 200 Crown Entities Act 2004 147: Additional matters to be included in statement of intent 1: The Authority shall include in its statement of intent under section 139 a: b: c: d: information on decisions under section 62 e: any new borrowings or financial leases, or similar liabilities that the Authority intends to incur during that year: f: a statement of the consideration given by the Authority when granting each approval of a hazardous substance of the reasons for and against imposing an environmental user charge as a control. 2: 3: Section 147(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 147(1)(a) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 147(1)(b) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 147(1)(c) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 147(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 147(3) repealed 20 April 2010 section 32 Hazardous Substances and New Organisms Amendment Act 2010 148: Additional reporting requirements The annual report under section 150 a: b: c: information showing the number and type of incidents caused by inadequate management of hazardous substances or new organisms: d: information on decisions under section 62 e: any other matters the Authority considers to be significant in the management and use of hazardous substances and new organisms, including the investigation and use of environmental user charges. Section 148 amended 25 January 2005 section 200 Crown Entities Act 2004 Section 148(a) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 148(b) repealed 20 April 2010 section 33 Hazardous Substances and New Organisms Amendment Act 2010 149: Amendments to other Acts The enactments specified in Schedule 4 150: Repeals and revocations 1: The enactments specified in Schedule 5 2: The regulations and orders specified in Schedule 6 11: Transitional provisions—General Part 11 expired 2 July 2006 section 152(1)(b) 151: Interpretation Section 151 expired 2 July 2006 section 152(1)(b) 152: Expiry of transitional provisions Section 152 expired 2 July 2006 section 152(1)(b) 152A: Expiry of transitional provisions in relation to persistent organic pollutants Section 152A expired 2 July 2006 section 152(1)(b) 153: Exemption in case of licence application Section 153 expired 2 July 2006 section 152(1)(b) 154: Exemptions from regulations and provisions of Parts 11 to 16 Section 154 expired 2 July 2006 section 152(1)(b) 155: Applications made under transitional provisions Section 155 expired 2 July 2006 section 152(1)(b) 156: Offences against Parts 11 to 16 Section 156 expired 2 July 2006 section 152(1)(b) 157: Defences Section 157 expired 2 July 2006 section 152(1)(b) 158: Suspension and cancellation of licences Section 158 expired 2 July 2006 section 152(1)(b) 159: Continuation of Pesticides Board and Toxic Substances Board Section 159 expired 2 July 2006 section 152(1)(b) 160: Regulations relating to transitional provisions Section 160 expired 2 July 2006 section 152(1)(b) 160A: Notices of transfer relating to transitional matters Section 160A expired 2 July 2006 section 152(1)(b) 160B: Controls may be imposed for purposes of notice of transfer Section 160B expired 2 July 2006 section 152(1)(b) 161: Regulations saved Section 161 expired 2 July 2006 section 152(1)(b) 162: Reassessment of substances and organisms Section 162 expired 2 July 2006 section 152(1)(b) 12: Transitional provisions—Pesticides Part 12 expired 2 July 2006 section 152(1)(b) 163: Interpretation Section 163 expired 2 July 2006 section 152(1)(b) 164: Application of this Part Section 164 expired 2 July 2006 section 152(1)(b) 164A: Protection of information Section 164A expired 2 July 2006 section 152(1)(b) 165: Sale, importation, and use of pesticides Section 165 expired 2 July 2006 section 152(1)(b) 166: Labelling Section 166 expired 2 July 2006 section 152(1)(b) 167: Advertisements Section 167 expired 2 July 2006 section 152(1)(b) 168: Review and revocation of registration Section 168 expired 2 July 2006 section 152(1)(b) 169: Transfer of proprietors' rights Section 169 expired 2 July 2006 section 152(1)(b) 170: Sale of pesticides in bulk Section 170 expired 2 July 2006 section 152(1)(b) 171: Warranties Section 171 expired 2 July 2006 section 152(1)(b) 172: Pesticide register Section 172 expired 2 July 2006 section 152(1)(b) 173: Regulations relating to all pesticides Section 173 expired 2 July 2006 section 152(1)(b) 174: Regulations relating to controlled pesticides Section 174 expired 2 July 2006 section 152(1)(b) 175: Interpretation Section 175 expired 2 July 2006 section 152(1)(b) 176: Restrictions on use of controlled pesticides Section 176 expired 2 July 2006 section 152(1)(b) 177: Qualifications for approved operator licence Section 177 expired 2 July 2006 section 152(1)(b) 178: Dealing with applications Section 178 expired 2 July 2006 section 152(1)(b) 179: Effect of licences Section 179 expired 2 July 2006 section 152(1)(b) 180: Duration of licences Section 180 expired 2 July 2006 section 152(1)(b) 181: Variation of terms and conditions of licences Section 181 expired 2 July 2006 section 152(1)(b) 182: Register of approved operators Section 182 expired 2 July 2006 section 152(1)(b) 13: Transitional provisions—Toxic substances Part 13 expired 2 July 2006 section 152(1)(b) 183: Interpretation Section 183 expired 2 July 2006 section 152(1)(b) 184: Application of this Part Section 184 expired 2 July 2006 section 152(1)(b) 184A: Protection of information Section 184A expired 2 July 2006 section 152(1)(b) 185: Restrictions on sales of deadly poisons and dangerous poisons Section 185 expired 2 July 2006 section 152(1)(b) 186: Sale and packing of poisons Section 186 expired 2 July 2006 section 152(1)(b) 187: Further restrictions on sale of poisons Section 187 expired 2 July 2006 section 152(1)(b) 188: Containers Section 188 expired 2 July 2006 section 152(1)(b) 189: Custody of poisons and harmful substances Section 189 expired 2 July 2006 section 152(1)(b) 190: Storage of poisons and harmful substances Section 190 expired 2 July 2006 section 152(1)(b) 191: Packing of poisons and harmful substances Section 191 expired 2 July 2006 section 152(1)(b) 192: Restriction on possession and use of deadly poisons and dangerous poisons Section 192 expired 2 July 2006 section 152(1)(b) 193: Control of advertisements Section 193 expired 2 July 2006 section 152(1)(b) 194: Disposal of surplus poisons to other user or licensee Section 194 expired 2 July 2006 section 152(1)(b) 195: Exemptions for pharmacists Section 195 expired 2 July 2006 section 152(1)(b) 196: Exemptions for veterinarians Section 196 expired 2 July 2006 section 152(1)(b) 197: Exemptions for certain other persons Section 197 expired 2 July 2006 section 152(1)(b) 198: Exemptions for agents and employees Section 198 expired 2 July 2006 section 152(1)(b) 199: Applications for licences Section 199 expired 2 July 2006 section 152(1)(b) 200: Dealing with applications Section 200 expired 2 July 2006 section 152(1)(b) 201: Effect of licences Section 201 expired 2 July 2006 section 152(1)(b) 202: Duration of licences Section 202 expired 2 July 2006 section 152(1)(b) 203: Records of sales Section 203 expired 2 July 2006 section 152(1)(b) 204: Register Section 204 expired 2 July 2006 section 152(1)(b) 205: Interpretation Section 205 expired 2 July 2006 section 152(1)(b) 206: Packing of imported toxic substances Section 206 expired 2 July 2006 section 152(1)(b) 207: Notice to be given of imported toxic substances Section 207 expired 2 July 2006 section 152(1)(b) 208: Application of toxic substances regulations Section 208 expired 2 July 2006 section 152(1)(b) 14: Transitional provisions—Dangerous goods Part 14 expired 2 July 2006 section 152(1)(b) 209: Interpretation Section 209 expired 2 July 2006 section 152(1)(b) 210: Application of this Part Section 210 expired 2 July 2006 section 152(1)(b) 211: Restrictions on storage and use of dangerous goods Section 211 expired 2 July 2006 section 152(1)(b) 212: Restrictions on containers Section 212 expired 2 July 2006 section 152(1)(b) 213: Containers of dangerous goods to be specially marked Section 213 expired 2 July 2006 section 152(1)(b) 214: Pumps for reselling dangerous goods Section 214 expired 2 July 2006 section 152(1)(b) 215: Restrictions on use of gases in balloons Section 215 expired 2 July 2006 section 152(1)(b) 216: Phosphorus matches Section 216 expired 2 July 2006 section 152(1)(b) 217: Licensing of premises for storage of dangerous goods Section 217 expired 2 July 2006 section 152(1)(b) 218: Provisional licences Section 218 expired 2 July 2006 section 152(1)(b) 219: General provisions as to licences Section 219 expired 2 July 2006 section 152(1)(b) 220: Renewal of licences Section 220 expired 2 July 2006 section 152(1)(b) 221: Continuing application of dangerous goods regulations Section 221 expired 2 July 2006 section 152(1)(b) 15: Transitional provisions—Explosives Part 15 expired 2 July 2006 section 152(1)(b) 222: Interpretation Section 222 expired 2 July 2006 section 152(1)(b) 223: Classification of explosives Section 223 expired 2 July 2006 section 152(1)(b) 224: Application of this Part Section 224 expired 2 July 2006 section 152(1)(b) 225: Importation of explosives Section 225 expired 2 July 2006 section 152(1)(b) 226: Permit for importation of fireworks Section 226 expired 2 July 2006 section 152(1)(b) 227: Licence to manufacture explosives Section 227 expired 2 July 2006 section 152(1)(b) 228: Factory not to be altered without consent of Authority Section 228 expired 2 July 2006 section 152(1)(b) 229: Fireworks not to be sold to persons under 14 years of age Section 229 expired 2 July 2006 section 152(1)(b) 230: Application of following sections Section 230 expired 2 July 2006 section 152(1)(b) 231: Explosives not to be sold without licence Section 231 expired 2 July 2006 section 152(1)(b) 232: Restriction on sale of fireworks Section 232 expired 2 July 2006 section 152(1)(b) 233: Sale of explosives Section 233 expired 2 July 2006 section 152(1)(b) 234: Storage of explosives Section 234 expired 2 July 2006 section 152(1)(b) 235: Certain explosives not to be carried without consent of Authority Section 235 expired 2 July 2006 section 152(1)(b) 236: Licence required to carry certain explosives Section 236 expired 2 July 2006 section 152(1)(b) 237: Carriage of explosives in vehicles or vessels carrying passengers Section 237 expired 2 July 2006 section 152(1)(b) 238: Firework displays Section 238 expired 2 July 2006 section 152(1)(b) 239: Private storage Section 239 expired 2 July 2006 section 152(1)(b) 240: Conditions of licence Section 240 expired 2 July 2006 section 152(1)(b) 241: Public magazines Section 241 expired 2 July 2006 section 152(1)(b) 242: Private magazines Section 242 expired 2 July 2006 section 152(1)(b) 243: Private magazine not to be altered without consent Section 243 expired 2 July 2006 section 152(1)(b) 244: Danger buildings Section 244 expired 2 July 2006 section 152(1)(b) 245: Notices on danger buildings Section 245 expired 2 July 2006 section 152(1)(b) 246: Repairs or alterations to danger buildings Section 246 expired 2 July 2006 section 152(1)(b) 247: Protective clothing, etc Section 247 expired 2 July 2006 section 152(1)(b) 248: Employment of young persons in danger buildings Section 248 expired 2 July 2006 section 152(1)(b) 249: Packing and marking of explosives Section 249 expired 2 July 2006 section 152(1)(b) 250: Handling of explosives Section 250 expired 2 July 2006 section 152(1)(b) 251: Abandonment or disposal of explosives Section 251 expired 2 July 2006 section 152(1)(b) 252: Damaged, defective, or unsafe explosives Section 252 expired 2 July 2006 section 152(1)(b) 253: Continuation of regulations Section 253 expired 2 July 2006 section 152(1)(b) 16: Transitional provisions—New organisms Part 16 expired 29 July 2001 section 152(1)(a) Animals Heading expired 29 July 2001 section 152(1)(a) 254: Animals Section 254 expired 29 July 2001 section 152(1)(a) 255: Zoological gardens Section 255 expired 29 July 2001 section 152(1)(a) 256: Hamsters Section 256 expired 29 July 2001 section 152(1)(a) 257: Approvals for genetically modified organisms Section 257 expired 29 July 2001 section 152(1)(a) Plants Heading expired 29 July 2001 section 152(1)(a) 258: Import permits Section 258 expired 29 July 2001 section 152(1)(a) 259: Micro-organisms lawfully in use Section 259 expired 29 July 2001 section 152(1)(a)

DLM406893

1996

Law Reform Amendment Act 1996

1: Short Title This Act may be cited as the Law Reform Amendment Act 1996, and shall be read together with and deemed part of the Law Reform Act 1936 2: Effect of death on certain causes of action 1: This subsection inserted s 3(2)(d) 2: Nothing in subsection (1)

DLM403245

1996

Food Amendment Act (No 2) 1996

1: Short Title and commencement 1: This Act may be cited as the Food Amendment Act (No 2) 1996, and shall be read together with and deemed part of the Food Act 1981 2: This Act shall come into force on the 1st day of July 1997. 2: Interpretation This section inserted definitions of the terms Approved auditor District Enforcement authority Exemption Guideline Territorial authority s 2 3: New Part inserted This section inserted Part 1A 4: Prescribed foods This section inserted section 11P(3)

DLM394191

1996

Fisheries Act 1996

1: Short Title and commencement 1: This Act may be cited as the Fisheries Act 1996. 2: Subject to subsection (3), this Act shall come into force on a date to be appointed by the Governor-General by Order in Council; and different dates may be so appointed by 1 or more Orders in Council for different provisions and different purposes. 2A: Despite subsection (2), sections 56 57 58 62 358 3: Sections 332 333 4: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 1(2) brought into force for all purposes 11 July 2002 clause 2 Fisheries Act Commencement Order 2002 Section 1(2) brought into force 1 October 2001 clause 2(4) Fisheries Act Commencement Order (No 2) 2001 Section 1(2) brought into force 30 September 2001 clause 2 Fisheries Act Commencement Order (No 2) 2001 Section 1(2) brought into force 30 September 2001 clause 2(3) Fisheries Act Commencement Order 2001 Section 1(2) brought into force 1 September 2001 clause 2(2) Fisheries Act Commencement Order 2001 Section 1(2) brought into force 1 August 2001 clause 2 Fisheries Act Commencement Order (No 2) 2001 Section 1(2) brought into force 1 May 2001 clause 2(1) Fisheries Act Commencement Order 2001 Section 1(2) brought into force 1 October 2000 clause 2 Fisheries Act Commencement Order 2000 Section 1(2) brought into force 1 December 1999 clause 2 Fisheries Act 1996 Commencement Order 1999 Section 1(2) brought into force 1 October 1998 clause 2 Fisheries Act Commencement Order 1998 Section 1(2) brought into force 1 October 1997 clause 2 Fisheries Act Commencement Order (No 2) 1997 Section 1(2) brought into force 1 April 1997 clause 2 Fisheries Act Commencement Order 1997 Section 1(2) brought into force 1 October 1996 clause 2 Fisheries Act Commencement Order (No 2) 1996 Section 1(2) brought into force 23 August 1996 clause 2 Fisheries Act Commencement Order 1996 Section 1(2A) inserted 9 September 1999 section 1(5) Fisheries Act 1996 Amendment Act 1999 Section 1(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 1: Preliminary provisions 2: Interpretation 1: In this Act, unless the context otherwise requires,— annual catch entitlement any of sections 67 67A 68 340 340A Annual Catch Entitlement Register section 124(1)(b) Aotearoa Fisheries Limited section 5 appointed day section 5 approved approved form approved service delivery organisation section 296B aquaculture activities Resource Management Act 1991 aquaculture decision section 186C aquatic ecosystem aquatic environment a: means the natural and biological resources comprising any aquatic ecosystem; and b: includes all aquatic life and the oceans, seas, coastal areas, inter-tidal areas, estuaries, rivers, lakes, and other places where aquatic life exists aquatic life a: means any species of plant or animal life that, at any stage in its life history, must inhabit water, whether living or dead; and b: includes seabirds (whether or not in the aquatic environment) asset-holding company section 5 associated or dependent species beach cast seaweed best available information biological diversity Catch History Review Committee section 283 Chatham Islands Enterprise Trust Charitable Trusts Act 1957 chief executive section 296C coastal marine area coastal permit section 2(1) commercial fisher a: means a person who holds a fishing permit issued under section 91 b: for the purposes of sections 72 75 i: a person who holds a high seas fishing permit; and ii: a person using a New Zealand ship who, in the judgment of the chief executive, holds a valid authority from a foreign country to take highly migratory species in the national fisheries jurisdiction of that foreign country commercial fishing section 89 Commission section 4 of the Maori Fisheries Act 1989 conservation conserving conservation services Conservation Act 1987 a: research relating to those effects on protected species: b: research on measures to mitigate the adverse effects of commercial fishing on protected species: c: the development of population management plans under the Wildlife Act 1953 Marine Mammals Protection Act 1978 court the District Court customary marine title group section 9(1) deemed value deemed value amount section 76 deemed value rate section 75 determination section 186C document a: any writing on any material: b: any information recorded or stored by means of any tape recorder, computer, or other device, and any material subsequently derived from information so recorded or stored: c: any label, marking, or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means: d: any book, map, plan, graph, or drawing: e: any photograph, film, negative, tape, or other device in which 1 or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced dredge oyster Tiostrea chilensis effect a: any positive or adverse effect; and b: any temporary or permanent effect; and c: any past, present, or future effect; and d: any cumulative effect which arises over time or in combination with other effects— regardless of the scale, intensity, duration, or frequency of the effect; and also includes— e: any potential effect of high probability; and f: any potential effect of low probability which has a high potential impact encumbered a: held by the Crown as a consequence of being forfeit to the Crown under this Act— i: while any proceedings in respect of that forfeiture are before a court and have not been finally resolved; or ii: during the period of 35 working days referred to in section 62(3) section 256(3) b: withheld from allocation by the Crown under section 46 environmental principles section 9 examiner section 222 section 198 exclusive economic zone of New Zealand exclusive economic zone section 9 , Contiguous Zone farmed fish a: of a species specified in the fish farmer's registration or licence under the Freshwater Fish Farming Regulations 1983 b: that was not acquired in breach of section 192A financial year finfish fish fish carrier fish farm a: in relation to a person registered as a fish farmer under Part 9A b: in relation to a person who holds a current licence under the Freshwater Fish Farming Regulations 1983 fish farmer a: registered as a fish farmer under Part 9A b: who holds a current licence under the Freshwater Fish Farming Regulations 1983 Fish Farmer Register section 186K fish farming a: means the breeding, hatching, cultivating, rearing, or ongrowing of fish, aquatic life, or seaweed for harvest; and b: to avoid doubt, includes the possession and ongrowing of harvestable spat; but c: does not include an activity specified in paragraph (a) if the fish, aquatic life, or seaweed— i: is not in the exclusive and continuous possession or control of the fish farmer; or ii: cannot be distinguished or kept separate from naturally occurring fish, aquatic life, or seaweed Fish Stocks Agreement a: means the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the conservation and management of straddling fish stocks and highly migratory fish stocks, done at New York on 4 December 1995 (a copy of the English text of which is set out in Schedule 1A b: includes amendments to the Fish Stocks Agreement made in accordance with Article 45 of the Agreement that are, or will become, binding on New Zealand from time to time Fisheries Dispute Commissioner Commissioner section 117(1) fisheries resources fisheries services a: the management of fisheries resources, fishing and fish farming: b: the enforcement of provisions relating to fisheries resources, fishing, and fish farming: c: research relating to fisheries resources, fishing, and fish farming, including stock assessment and the effects of fishing and fish farming d: the performance or exercise, by the Minister or the chief executive or any other person, of a function, duty, or power conferred or imposed relating to fisheries resources, fishing, or fish farming (including any observer performing or exercising a function, duty, or power in accordance with the observer programme) e: the provision, installation, and maintenance of electronic and other equipment on fishing vessels to observe fishing and related activities, including— i: the return, abandonment, processing, or sorting of fish: ii: transportation connected with fishing: iii: measures to avoid, remedy, or mitigate fishing-related mortality: f: the submission, storage, and review of electronic and other data from activities described in paragraph (e) fishery officer a: a person deemed by section 196(2) b: a person appointed in accordance with section 196(1) section 198 c: a person appointed under section 197 section 198 d: a person appointed under section 222 section 198 fishing a: means the catching, taking, or harvesting of fish, aquatic life, or seaweed; and b: includes— i: any activity that may reasonably be expected to result in the catching, taking, or harvesting of fish, aquatic life, or seaweed; and ii: any operation in support of or in preparation for any activities described in this definition fishing permit section 91 fishing-related mortality fishing vessel Fishing Vessel Register section 98 fishing year a: in relation to rock lobster, southern scallops, Northland scallops, southern blue whiting, section 18 aa: in relation to freshwater eel subject to an Order in Council under section 369L(1) b: in relation to any other quota management stock, a period of 12 months commencing on each 1 October: c: in relation to any stock not subject to the quota management system, a period of 12 months commencing on each 1 October, unless otherwise prescribed foreign allowable catch section 81 foreign fishing vessel foreign-owned New Zealand fishing vessel section 103A(4) foreign vessel Foveaux Strait dredge oyster Foveaux Strait dredge oyster fishery regulation 2 freshwater eel Anguilla australis Anguilla dieffenbachii Anguilla reinhardtii green-lipped mussel Perna canaliculus greenweight harvestable spat Schedule 8A harvested species hazardous substance section 2(1) high seas high seas fishery inspector section 113Q high seas fishing permit section 113H High Seas Permit Register section 98(1)(c) highly migratory species Schedule 4B holder holds held honorary fishery officer section 197 section 198 individual transferable quota a: individual transferable quota allocated under section 44 section 47 section 49 b: quota that becomes individual transferable quota under section 49(3) ba: individual transferable quota allocated under Part 2A section 343 c: any quota that otherwise becomes individual transferable quota in accordance with this Act information a: scientific, customary Maori, social, or economic information; and b: any analysis of any such information information principles section 10 infringement fee section 297(1)(nc) infringement offence section 297(1)(na) interest in fishing quota sections 56 to 58B section 57A(1) internal waters of New Zealand section 4 international fisheries organisation section 113B international fisheries organisation management measure section 113B kaitiakitanga licensed fish receiver section 297 long-term viability mana whenua mandated iwi organisation section 5 master maximum sustainable yield meatweight a: in relation to scallops, the weight of the scallops remaining when the shell, skirt, and gut have been removed and discarded: b: in relation to any other stock, the weight calculated in accordance with the notice under section 18 section 188 Minister Ministry mortgage mortgagee mortgagor multi-species stock Nelson-Marlborough dredge oyster Tiostrea chilensis lutaria Nelson-Marlborough dredge oyster fishery Schedule 1 New Zealand fisheries waters a: all waters in the exclusive economic zone of New Zealand: b: all waters of the territorial sea of New Zealand: c: all internal waters of New Zealand: d: all other fresh or estuarine waters within New Zealand where fish, aquatic life, or seaweed that are indigenous to or acclimatised in New Zealand are found New Zealand fishing vessel section 103 New Zealand national a: a New Zealand citizen; or b: a person who is ordinarily resident in New Zealand; or c: a body corporate established by or under New Zealand law New Zealand ship section 2(1) Northland scallop Northland scallop fishery Schedule 1 observer section 223 operator ordinarily resident in New Zealand section 6(2) ornamental fish Gazette section 307 outputs overseas investment fishing provisions section 57A(1) overseas investment in fishing quota sections 56 to 58B section 57D overseas person section 7 owner a: in relation to any vessel, means any person by whom the vessel is owned: b: in relation to any quota or annual catch entitlement, means the person shown as the owner in the appropriate register kept under Part 8 Permit Register section 98 planning document section 9(1) port a: means any area of land and water intended or designed to be used either wholly or partly for the berthing, unloading, departure, movement, and servicing of vessels: b: includes any anchorage, roadstead, pilot station, haven or estuary, navigable lake or river, wharf, dock, pier, jetty, or dry dock used or capable of being used for such purposes possession a: any fish, aquatic life, or seaweed; or b: any vessel, container, package, thing, premises, or place in or on which the fish, aquatic life, or seaweed are found premises processing protected customary right section 9(1) protected customary rights order agreement section 9(1) protected species a: any marine wildlife as defined in section 2 section 3 b: any marine mammal as defined in section 2(1) provisional catch history section 34 section 40 provisional individual transferable quota a: provisional individual transferable quota allocated under section 47 section 49 b: any quota that otherwise becomes provisional individual transferable quota in accordance with this Act publicly notify or the chief executive public notification publicly notified qualifying years section 33 quota quota management area quota management stock quota management system Part 4 Quota Register section 124(1)(a) quota share section 42 quota weight equivalent (or, in the case of Foveaux Strait dredge oysters, the figure in oyster numbers) record regional council a: has the same meaning as in section 5 b: includes a unitary authority within the meaning of that Act regional plan section 2(1) registered fish carrier section 105 relevant Ministers sections 56 to 58B section 57A(1) reservation section 186C rock lobster a: spiny rock lobster ( Jasus edwardsii b: packhorse rock lobster ( Jasus verreauxi sale a: includes— i: every method of disposition for valuable consideration, including barter; and ii: the disposition to an agent for sale on consignment; and iii: offering or attempting to sell, or receiving or having in possession for sale, or exposing for sale, or sending or delivering for sale, or causing or permitting to be sold, offered, or exposed for sale; and iv: disposal by way of gambling (as that term is defined in section 4(1) v: the use by a person of fish, aquatic life, or seaweed as bait in that person's commercial fishing operations; and vi: any other use by a person of fish, aquatic life, or seaweed as part of that person's commercial activities;— and sell sold b: does not include the disposal by any method approved by the chief executive of fish, aquatic life, or seaweed lawfully taken during the course of a fishing competition, if— i: the competition and the disposal method are carried out in accordance with any conditions imposed by the chief executive, either generally or specifically; and ii: the chief executive's approval has been obtained prior to the disposal of the fish, aquatic life, or seaweed; and iii: the proceeds (less any reasonable expenses of disposal) are applied to purposes that are cultural, benevolent, philanthropic, or charitable scallop Pecten novaezelandiae scallop spat a: means the larval stage of the mollusc Pecten novaezelandiae b: includes any animal of that species, still in its shell, that has been retained by fishing gear on which it settled while in the larval stage scampi Metanephrops challengeri seaweed settlement quota section 5 settlement quota interest section 152A shellfish southern scallop southern scallop fishery Schedule 1 spat catching permit section 67Q special permit section 97 specified functions, duties, or powers section 296A sports fish section 2(1) standards and specifications section 296O statutory debt stock subcompany section 5 sustainability measure Part 3 taking to take taken tangata whenua Te Ohu Kai Moana section 5 Te Ohu Kai Moana Trustee Limited section 5 Te Putea Whakatupu Trust section 5 Te Putea Whakatupu Trustee Limited section 5 Te Wai Maori Trust section 5 Te Wai Maori Trustee Limited section 5 tender a: is carried by or attached to a fishing vessel and used or intended to be used for taking fish, aquatic life, or seaweed for sale in conjunction with the fishing vessel; and b: is not longer than the greater of— i: 6 metres; or ii: 50% of the overall length of the fishing vessel it is carried by or attached to territorial sea of New Zealand territorial sea section 3 tikanga Maori total allowable catch Gazette section 13 section 14 total allowable commercial catch Gazette section 20 , and includes any total allowable commercial catch set by or under the Fisheries Act 1983 transaction a: in relation to any quota or annual catch entitlement or provisional catch history, a transfer of the quota, annual catch entitlement, or provisional catch history: b: in relation to any quota, a mortgage, variation of mortgage, discharge of mortgage, or assignment of mortgage over the quota: c: in relation to any quota or annual catch entitlement, a caveat or discharge of a caveat over the quota or annual catch entitlement transhipment tranship transhipped transportation a: the receiving and carriage of fish, aquatic life, or seaweed by any vessel; or b: the storage and refrigeration of fish, aquatic life, or seaweed by any vessel for the purpose of carriage tuna Katsuwonus, Euthynnus, Thunnus, Allothunnus Gasterochisma unwanted aquatic life a: any species (including subspecies, hybrids, and variations of that species) listed in Schedule 3 b: any species of fish, aquatic life, or seaweed that is determined by a chief technical officer under the Biosecurity Act 1993 vessel whitebait Retropina retropina Galaxias working day a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and ab: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and b: a day in the period commencing on 25 December in any year and ending with the close of 15 January in the following year. 1A: References to this Act 2: For the avoidance of doubt, it is hereby declared that, unless the context otherwise requires,— a: every reference in this Act to any fisheries resources, stock, fish, aquatic life, seaweed, habitat, location of stock, quota, or annual catch entitlement includes any part thereof: b: the expression of any matter or thing by way of example, or a provision to the effect that any matter or thing includes certain matters or things, does not limit the generality of the provision to which the example relates or the included matters or things relate. 3: For the purpose of this Act, the weight, greenweight, or meatweight of any fish, aquatic life, or seaweed shall be determined, where appropriate, in accordance with sections 187 188 4: The Governor-General may, by Order in Council,— a: add to Schedule 4B b: omit from that schedule the name of any species or stock if the criteria set out in paragraph (a) cease to apply to that species or stock. 5: An order under subsection (4) is secondary legislation ( see Part 3 1977 No 28 s 2(1) 1983 No 14 s 2 1990 No 29 s 2 1990 No 31 s 129 1992 No 90 s 2 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) annual catch entitlement amended 9 September 1999 section 2(1) Fisheries Act 1996 Amendment Act 1999 Section 2(1) Aotearoa Fisheries Limited inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 2(1) appointed day inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 2(1) approved service delivery organisation inserted 9 September 1999 section 2(2) Fisheries Act 1996 Amendment Act 1999 Section 2(1) aquaculture activities inserted 1 January 2005 section 4(4) Fisheries Amendment Act (No 3) 2004 Section 2(1) aquaculture decision inserted 1 January 2005 section 4(4) Fisheries Amendment Act (No 3) 2004 Section 2(1) aquaculture management area repealed 1 October 2011 section 4(1) Fisheries Amendment Act 2011 Section 2(1) asset-holding company inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 2(1) authorised stock repealed 1 October 2004 section 3(1) Fisheries Amendment Act (No 3) 2004 Section 2(1) beach cast seaweed inserted 9 September 1999 section 2(2) Fisheries Act 1996 Amendment Act 1999 Section 2(1) chief executive amended 9 September 1999 section 2(3) Fisheries Act 1996 Amendment Act 1999 Section 2(1) commercial fisher substituted 1 October 2004 section 3(2) Fisheries Amendment Act (No 3) 2004 Section 2(1) conservation services inserted 9 September 1999 section 2(2) Fisheries Act 1996 Amendment Act 1999 Section 2(1) court amended 1 March 2017 section 261 District Court Act 2016 Section 2(1) customary marine title group inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) deemed value inserted 9 September 1999 section 2(4) Fisheries Act 1996 Amendment Act 1999 Section 2(1) deemed value amount substituted 9 September 1999 section 2(4) Fisheries Act 1996 Amendment Act 1999 Section 2(1) deemed value rate substituted 9 September 1999 section 2(4) Fisheries Act 1996 Amendment Act 1999 Section 2(1) determination inserted 1 January 2005 section 4(4) Fisheries Amendment Act (No 3) 2004 Section 2(1) dredge oyster inserted 1 April 1998 section 3(1) Fisheries (Foveaux Strait Dredge Oyster Fishery) Amendment Act 1998 Section 2(1) exclusive economic zone of New Zealand exclusive economic zone amended 1 August 1996 Territorial Sea and Exclusive Economic Zone Amendment Act 1996 Section 2(1) farmed fish inserted 1 January 2005 section 4(4) Fisheries Amendment Act (No 3) 2004 Section 2(1) financial year inserted 9 September 1999 section 2(2) Fisheries Act 1996 Amendment Act 1999 Section 2(1) fish farm substituted 1 January 2005 section 4(1) Fisheries Amendment Act (No 3) 2004 Section 2(1) fish farmer substituted 1 January 2005 section 4(1) Fisheries Amendment Act (No 3) 2004 Section 2(1) Fish Farmer Register inserted 1 January 2005 section 4(4) Fisheries Amendment Act (No 3) 2004 Section 2(1) fish farming substituted 1 January 2005 section 4(1) Fisheries Amendment Act (No 3) 2004 Section 2(1) Fish Stocks Agreement inserted 1 October 2000 section 2 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 2(1) fisheries services inserted 9 September 1999 section 2(2) Fisheries Act 1996 Amendment Act 1999 Section 2(1) fisheries services amended 1 January 2005 section 4(2) Fisheries Amendment Act (No 3) 2004 Section 2(1) fisheries services amended 1 November 2022 section 23 Fisheries Amendment Act 2022 Section 2(1) fisheries services amended 1 January 2005 section 4(3) Fisheries Amendment Act (No 3) 2004 Section 2(1) fisheries services amended 8 August 2014 section 10 Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 Section 2(1) fisheries services inserted 1 November 2022 section 4(1) Fisheries Amendment Act 2022 Section 2(1) fisheries services inserted 1 November 2022 section 4(1) Fisheries Amendment Act 2022 Section 2(1) fishing year amended 23 June 1998 section 2(1) Fisheries (Remedial Issues) Amendment Act 1998 Section 2(1) fishing year inserted 1 July 2000 section 5 Fisheries Amendment Act 2000 Section 2(1) foreign-owned New Zealand fishing vessel amended 1 May 2016 section 7 Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 Section 2(1) Foveaux Strait dredge oyster inserted 1 April 1998 section 3(1) Fisheries (Foveaux Strait Dredge Oyster Fishery) Amendment Act 1998 Section 2(1) Foveaux Strait dredge oyster fishery inserted 1 April 1998 section 3(1) Fisheries (Foveaux Strait Dredge Oyster Fishery) Amendment Act 1998 Section 2(1) fresh water eel inserted 1 October 2000 section 2 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 2(1) green-lipped mussel inserted 1 October 2004 section 3(3) Fisheries Amendment Act (No 3) 2004 Section 2(1) harvestable spat inserted 1 January 2005 section 4(4) Fisheries Amendment Act (No 3) 2004 Section 2(1) high seas inserted 1 October 2000 section 2 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 2(1) high seas fishery inspector inserted 1 October 2000 section 2 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 2(1) high seas fishing permit inserted 1 October 2000 section 2 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 2(1) High Seas Permit Register inserted 1 October 2000 section 2 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 2(1) highly migratory species inserted 1 October 2004 section 3(4) Fisheries Amendment Act (No 3) 2004 Section 2(1) individual catch entitlement repealed 1 October 2004 section 3(5) Fisheries Amendment Act (No 3) 2004 Section 2(1) individual transferable quota substituted 9 September 1999 section 2(5) Fisheries Act 1996 Amendment Act 1999 Section 2(1) individual transferable quota inserted 9 September 1999 section 2(5) Fisheries Act 1996 Amendment Act 1999 Section 2(1) infringement fee inserted 9 September 1999 section 2(2) Fisheries Act 1996 Amendment Act 1999 Section 2(1) infringement offence inserted 9 September 1999 section 2(2) Fisheries Act 1996 Amendment Act 1999 Section 2(1) interest in fishing quota inserted 25 August 2005 section 75 Overseas Investment Act 2005 Section 2(1) internal waters of New Zealand amended 1 August 1996 Territorial Sea and Exclusive Economic Zone Amendment Act 1996 Section 2(1) international fisheries organisation inserted 1 October 2004 section 3(6) Fisheries Amendment Act (No 3) 2004 Section 2(1) international fisheries organisation management measure inserted 1 October 2004 section 3(6) Fisheries Amendment Act (No 3) 2004 Section 2(1) long-term viability inserted 9 September 1999 section 2(2) Fisheries Act 1996 Amendment Act 1999 Section 2(1) mandated iwi organisation inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 2(1) multi-species stock inserted 9 September 1999 section 2(2) Fisheries Act 1996 Amendment Act 1999 Section 2(1) New Zealand national inserted 1 October 2000 section 2 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 2(1) ordinarily resident in New Zealand substituted 25 August 2005 section 75 Overseas Investment Act 2005 Section 2(1) outputs inserted 9 September 1999 section 2(2) Fisheries Act 1996 Amendment Act 1999 Section 2(1) overseas investment fishing provisions inserted 25 August 2005 section 75 Overseas Investment Act 2005 Section 2(1) overseas investment in fishing quota inserted 25 August 2005 section 75 Overseas Investment Act 2005 Section 2(1) overseas person substituted 25 August 2005 section 75 Overseas Investment Act 2005 Section 2(1) planning document inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) port inserted 1 October 2004 section 3(7) Fisheries Amendment Act (No 3) 2004 Section 2(1) protected customary right inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) protected customary rights order agreement inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2(1) publicly notify amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 2(1) quota weight equivalent amended 1 April 1998 section 3(2) Fisheries (Foveaux Strait Dredge Oyster Fishery) Amendment Act 1998 Section 2(1) regional council inserted 1 October 2011 section 4(2) Fisheries Amendment Act 2011 Section 2(1) Registrar repealed 9 September 1999 section 2(6) Fisheries Act 1996 Amendment Act 1999 Section 2(1) relevant Ministers inserted 25 August 2005 section 75 Overseas Investment Act 2005 Section 2(1) reservation inserted 1 January 2005 section 4(4) Fisheries Amendment Act (No 3) 2004 Section 2(1) sale substituted 1 July 2004 section 374 Gambling Act 2003 Section 2(1) scampi inserted 13 August 2004 section 3 Fisheries Amendment Act (No 2) 2004 Section 2(1) settlement quota inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 2(1) settlement quota interest inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 2(1) specified functions, duties, or powers inserted 9 September 1999 section 2(2) Fisheries Act 1996 Amendment Act 1999 Section 2(1) standards and specifications inserted 9 September 1999 section 2(2) Fisheries Act 1996 Amendment Act 1999 Section 2(1) subcompany inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 2(1) Te Ohu Kai Moana inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 2(1) Te Ohu Kai Moana Trustee Limited inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 2(1) Te Putea Whakatupu Trust inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 2(1) Te Putea Whakatupu Trustee Limited inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 2(1) Te Wai Maori Trust inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 2(1) Te Wai Maori Trustee Limited inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 2(1) tender substituted 1 October 2004 section 3(8) Fisheries Amendment Act (No 3) 2004 Section 2(1) territorial sea of New Zealand amended 1 August 1996 Territorial Sea and Exclusive Economic Zone Amendment Act 1996 Section 2(1) total allowable commercial catch amended 23 June 1998 section 2(2) Fisheries (Remedial Issues) Amendment Act 1998 Section 2(1) transaction substituted 26 May 2001 section 3(2) Fisheries (Remedial Issues) Amendment Act 2001 Section 2(1) working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 2(1) working day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 2(1A) inserted 19 March 2004 section 5 Fisheries Amendment Act 2004 Section 2(4) added 1 October 2004 section 3(9) Fisheries Amendment Act (No 3) 2004 Section 2(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 3: Meaning of term associated person in relation to quota Section 3 repealed 1 October 2001 section 4 Fisheries Amendment Act 2001 3A: Meaning of associated person in relation to issue of fishing permits Section 3A repealed 1 October 2001 section 4 Fisheries Amendment Act 2001 4: Meaning of terms overseas person, ordinarily resident in New Zealand, and nominee Section 4 repealed 9 September 1999 section 2(7) Fisheries Act 1996 Amendment Act 1999 5: Application of international obligations and Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 This Act shall be interpreted, and all persons exercising or performing functions, duties, or powers conferred or imposed by or under it shall act, in a manner consistent with— a: New Zealand's international obligations relating to fishing; and b: the provisions of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 6: Application of Resource Management Act 1991 1: No provision in any regional plan or coastal permit is enforceable to the extent that it provides for— a: the allocation to 1 or more fishing sectors in preference to any other fishing sector of access to any fisheries resources in the coastal marine area; or b: the conferral on any fisher of a right to occupy any land in the coastal marine area or any related part of the coastal marine area, if the right to occupy would exclude any other fisher from fishing in any part of the coastal marine area. 2: Subsection (1) does not— a: prevent a regional council from taking into account the effects of aquaculture activities on fishing or fisheries resources when carrying out its functions under section 30(1)(d) b: prevent any coastal permit authorising aquaculture activities from being granted. 3: In this section,— fishing sector a: commercial fishers: b: recreational fishers: c: Maori non-commercial customary fishers: d: e: other fishers authorised under this Act to take fish, aquatic life, or seaweed occupy section 2(1) 4: Section 6(2) substituted 1 October 2011 section 5(1) Fisheries Amendment Act 2011 Section 6(3) fishing sector repealed 1 October 2011 section 5(2) Fisheries Amendment Act 2011 Section 6(3) occupy amended 1 January 2005 section 5(2) Fisheries Amendment Act (No 3) 2004 Section 6(4) repealed 1 January 2005 section 5(3) Fisheries Amendment Act (No 3) 2004 6A: Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1AA Section 6A inserted 17 December 2016 section 46 Statutes Amendment Act 2016 7: Act to bind the Crown This Act shall bind the Crown. 1983 No 14 s 2A 2: Purpose and principles 8: Purpose 1: The purpose of this Act is to provide for the utilisation of fisheries resources while ensuring sustainability. 2: In this Act,— ensuring sustainability a: maintaining the potential of fisheries resources to meet the reasonably foreseeable needs of future generations; and b: avoiding, remedying, or mitigating any adverse effects of fishing on the aquatic environment utilisation 9: Environmental principles All persons exercising or performing functions, duties, or powers under this Act, in relation to the utilisation of fisheries resources or ensuring sustainability, shall take into account the following environmental principles: a: associated or dependent species should be maintained above a level that ensures their long-term viability: b: biological diversity of the aquatic environment should be maintained: c: habitat of particular significance for fisheries management should be protected. 10: Information principles All persons exercising or performing functions, duties, or powers under this Act, in relation to the utilisation of fisheries resources or ensuring sustainability, shall take into account the following information principles: a: decisions should be based on the best available information: b: decision makers should consider any uncertainty in the information available in any case: c: decision makers should be cautious when information is uncertain, unreliable, or inadequate: d: the absence of, or any uncertainty in, any information should not be used as a reason for postponing or failing to take any measure to achieve the purpose of this Act. 3: Sustainability measures 11: Sustainability measures 1: The Minister may, from time to time, set or vary any sustainability measure for 1 or more stocks or areas, after taking into account— a: any effects of fishing on any stock and the aquatic environment; and b: any existing controls under this Act that apply to the stock or area concerned; and c: the natural variability of the stock concerned. 2: Before setting or varying any sustainability measure under subsection (1), the Minister shall have regard to any provisions of— a: any regional policy statement, regional plan, or proposed regional plan under the Resource Management Act 1991 b: any management strategy or management plan under the Conservation Act 1987 c: sections 7 8 ca: regulations made under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 d: a planning document lodged with the Minister of Fisheries by a customary marine title group under section 91 that apply to the coastal marine area and are considered by the Minister to be relevant. 2A: Before setting or varying any sustainability measure under this Part or making any decision or recommendation under this Act to regulate or control fishing, the Minister must take into account— a: any conservation services or fisheries services; and b: any relevant fisheries plan approved under this Part; and c: any decisions not to require conservation services or fisheries services. 3: Without limiting the generality of subsection (1), sustainability measures may relate to— a: the catch limit (including a commercial catch limit) for any stock or, in the case of a quota management stock that is subject to section 13 section 14 b: the size, sex, or biological state of any fish, aquatic life, or seaweed of any stock that may be taken: c: the areas from which any fish, aquatic life, or seaweed of any stock may be taken: d: the fishing methods by which any fish, aquatic life, or seaweed of any stock may be taken or that may be used in any area: e: the fishing season for any stock, area, fishing method, or fishing vessels. 4: The Minister may,— a: by notice in the Gazette b: implement any sustainability measure or the variation of any sustainability measure, as set or varied under subsection (1),— i: by notice ii: by recommending the making of regulations under section 298 5: Without limiting subsection (4)(a), when setting or varying a catch limit (including a commercial catch limit) for any stock not within the quota management system, the Minister shall have regard to the matters referred to in section 13(2) section 21(1) or both those sections 6: A notice under subsection (4)(b)(i) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 11(2)(b) amended 27 February 2000 section 12 Hauraki Gulf Marine Park Act 2000 Section 11(2)(c) substituted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 11(2)(ca) inserted 28 June 2013 section 175 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Section 11(2)(d) added 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 11(2A) inserted 9 September 1999 section 5(1) Fisheries Act 1996 Amendment Act 1999 Section 11(4)(b) substituted 9 September 1999 section 5(2) Fisheries Act 1996 Amendment Act 1999 Section 11(4)(b)(i) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 11(5) amended 23 June 1998 section 3 Fisheries (Remedial Issues) Amendment Act 1998 Section 11(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 11A: Fisheries plans 1: The Minister may from time to time approve, amend, or revoke a fisheries plan. 2: A fisheries plan approved under subsection (1) may relate to 1 or more stocks, fishing years, or areas, or any combination of those things. 3: Without limiting anything in subsection (2), a fisheries plan may include— a: fisheries management objectives to support the purpose and principles of the Act: b: strategies to achieve fisheries management objectives, which may include— i: sustainability measures set or varied under any of sections 11 13 14 15 ii: rules to manage the interaction between different fisheries sectors: c: performance criteria to measure the achievement of the objectives and strategies: d: conservation services or fisheries services: e: contingency strategies to deal with foreseeable variations in circumstances. 4: Nothing in this section prevents the Minister from considering a proposal under Part 9 Section 11A inserted 9 September 1999 section 6 Fisheries Act 1996 Amendment Act 1999 12: Consultation 1: Before doing anything under any of sections 11(1), 11(4) 11A(1) , 13(1), 13(4), 13(7) 14(1), 14(3), 14(6) 14B(1) , 15(1), and 15(2) section 13(9) section 14(8) or section 14A(1) a: consult with such persons or organisations as the Minister considers are representative of those classes of persons having an interest in the stock or the effects of fishing on the aquatic environment in the area concerned, including Maori, environmental, commercial, and recreational interests; and b: provide for the input and participation of tangata whenua having— i: a non-commercial interest in the stock concerned; or ii: an interest in the effects of fishing on the aquatic environment in the area concerned— and have particular regard to kaitiakitanga. 2: After setting or varying any sustainability measure, or after approving, amending, or revoking any fisheries plan, 3: This section does not apply in respect of emergency measures under section 16 Section 12(1) amended 9 September 1999 section 7(1)(a) Fisheries Act 1996 Amendment Act 1999 Section 12(1) amended 9 September 1999 section 7(1)(b) Fisheries Act 1996 Amendment Act 1999 Section 12(1) amended 9 September 1999 section 7(1)(c) Fisheries Act 1996 Amendment Act 1999 Section 12(2) amended 9 September 1999 section 7(2) Fisheries Act 1996 Amendment Act 1999 13: Total allowable catch 1: Subject to this section, the Minister shall, by notice in the Gazette , or until an alteration of the quota management area for that stock takes effect in accordance with sections 25 26 2: The Minister shall set a total allowable catch that— a: maintains the stock at or above a level that can produce the maximum sustainable yield, having regard to the interdependence of stocks; or b: enables the level of any stock whose current level is below that which can produce the maximum sustainable yield to be altered— i: in a way and at a rate that will result in the stock being restored to or above a level that can produce the maximum sustainable yield, having regard to the interdependence of stocks; and ii: within a period appropriate to the stock, having regard to the biological characteristics of the stock and any environmental conditions affecting the stock; or c: enables the level of any stock whose current level is above that which can produce the maximum sustainable yield to be altered in a way and at a rate that will result in the stock moving towards or above a level that can produce the maximum sustainable yield, having regard to the interdependence of stocks. 2A: For the purposes of setting a total allowable catch under this section, if the Minister considers that the current level of the stock or the level of the stock that can produce the maximum sustainable yield is not able to be estimated reliably using the best available information, the Minister must— a: not use the absence of, or any uncertainty in, that information as a reason for postponing or failing to set a total allowable catch for the stock; and b: have regard to the interdependence of stocks, the biological characteristics of the stock, and any environmental conditions affecting the stock; and c: set a total allowable catch— i: using the best available information; and ii: that is not inconsistent with the objective of maintaining the stock at or above, or moving the stock towards or above, a level that can produce the maximum sustainable yield. 3: In considering the way in which and rate at which a stock is moved towards or above a level that can produce maximum sustainable yield under subsection (2)(b) or (c), or (2A) (if applicable), the Minister shall have regard to such social, cultural, and economic factors as he or she considers relevant. 4: The Minister may from time to time, by notice in the Gazette When considering any variation, the Minister is to have regard to the matters specified in subsections (2), (2A) (if applicable), and (3). 5: Without limiting subsection (1) or subsection (4), the Minister may set or vary any total allowable catch at, or to, zero. 6: Except as provided in subsection (7), every setting or variation of a total allowable catch shall have effect on and from the first day of the next fishing year for the stock concerned. 7: After considering information about the abundance during the current fishing year of any stock listed in Schedule 2 and after having regard to the matters specified in subsections (2), (2A) (if applicable), and (3) Gazette 8: If a total allowable catch for any stock has been increased during any fishing year under subsection (7) 9: The Governor-General may from time to time, by Order in Council, omit the name of any stock from Schedule 2 10: Subsection (1) does not require the Minister to set an initial total allowable catch for any quota management area and stock unless the Minister also proposes to set or vary a total allowable commercial catch for that area and stock under section 20 11: An order under subsection (9) is secondary legislation ( see Part 3 1983 No 14 ss 28C 28D 28OB–28OE 1990 No 29 s 5(1) 1992 No 90 s 4 1992 No 121 s 24(1) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 13(1) amended 23 June 1998 section 4(1) Fisheries (Remedial Issues) Amendment Act 1998 Section 13(2)(b) substituted 23 June 1998 section 4(2) Fisheries (Remedial Issues) Amendment Act 1998 Section 13(2A) inserted 28 September 2008 section 4(1) Fisheries Act 1996 Amendment Act 2008 Section 13(3) amended 28 September 2008 section 4(2) Fisheries Act 1996 Amendment Act 2008 Section 13(4) amended 28 September 2008 section 4(3) Fisheries Act 1996 Amendment Act 2008 Section 13(4) amended 23 June 1998 section 4(3) Fisheries (Remedial Issues) Amendment Act 1998 Section 13(7) amended 28 September 2008 section 4(3) Fisheries Act 1996 Amendment Act 2008 Section 13(7) amended 23 June 1998 section 4(4) Fisheries (Remedial Issues) Amendment Act 1998 Section 13(8) amended 23 June 1998 section 4(5) Fisheries (Remedial Issues) Amendment Act 1998 Section 13(10) added 23 June 1998 section 4(6) Fisheries (Remedial Issues) Amendment Act 1998 Section 13(11) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 14: Alternative total allowable catch for stock specified in Schedule 3 1: Notwithstanding anything in section 13 Schedule 3 Gazette 2: Every total allowable catch set under subsection (1) for any stock shall continue to apply in each fishing year for the stock unless varied under subsection (3). 3: The Minister may from time to time, by notice in the Gazette 4: Without limiting subsection (1) or subsection (3), the Minister may set or vary any total allowable catch at, or to, zero. 5: Except as provided in subsection (6), every setting or variation of a total allowable catch shall have effect on and from the first day of the next fishing year for the stock concerned. 6: After considering information about the abundance during the current fishing year of any stock listed in Schedule 3 Gazette 7: If a total allowable catch for any stock has been increased during any fishing year under subsection (6), the total allowable catch for that stock shall, at the close of that fishing year, revert to the total allowable catch that applied to that stock at the beginning of that fishing year; but this subsection does not prevent a variation under subsection (3) of the total allowable catch that applied at the beginning of that fishing year. 8: The Governor-General may from time to time, by Order in Council,— a: omit the name of any stock from Schedule 3 b: add to that schedule the name of any stock if— i: it is not possible, because of the biological characteristics of the species, to estimate maximum sustainable yield; or ii: a national allocation iii: the stock is managed on a rotational or enhanced basis ; or iv: the stock comprises 1 or more highly migratory species. 9: An order under subsection (8) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 14(8)(b)(ii) amended 1 October 2004 section 4(1) Fisheries Amendment Act (No 3) 2004 Section 14(8)(b)(iii) amended 1 October 2004 section 4(2) Fisheries Amendment Act (No 3) 2004 Section 14(8)(b)(iv) added 1 October 2004 section 4(2) Fisheries Amendment Act (No 3) 2004 Section 14(9) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 14A: Alternative total allowable catch for stocks specified by Order in Council 1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister with the concurrence of the Minister responsible for the administration of the Environment Act 1986 section 14B 2: No recommendation relating to any stock may be made under subsection (1) unless quota owners ( proposers 3: A proposal made under subsection (2) must— a: specify the concerns (if any) of the quota owners who do not support the proposal; and b: specify what arrangements are in place to address those concerns; and c: address the matters specified in subsection (4). 4: In considering making a recommendation under subsection (1), the Minister must have regard to the following: a: the need to commission appropriate research to assess the impact of the order on the stock; and b: the need to implement measures to improve the quality of information about the stock; and c: whether it is appropriate to close areas to commercial fishing to reduce any sustainability risk to that stock; and d: the need to avoid any significant adverse effects on the aquatic environment of which the stock is a component. 5: No recommendation may be made under subsection (1) in relation to a proposal made under subsection (2) unless the Minister is satisfied that— a: the stock is taken primarily as an incidental catch during the taking of 1 or more other stocks and is only a small proportion of the combined catch of the stock and other stock or stocks; and b: the total benefits of managing the stock at a level other than that permitted under section 13 c: managing the stock at a level other than that permitted under section 13 d: the stock is able to be maintained above a level that ensures its long-term viability; and e: the purpose of the Act would be better achieved by setting a total allowable catch otherwise than in accordance with section 13 6: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 14A inserted 9 September 1999 section 8 Fisheries Act 1996 Amendment Act 1999 Section 14A(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 14B: Alternative total allowable catch for certain stocks 1: Despite section 13 Gazette 2: Subject to subsection (3), the Minister must set a total allowable catch under subsection (1) that is no greater than a level that will allow the taking of another stock or stocks in accordance with the total allowable catch and the total allowable commercial catch set for that other stock or stocks. 3: The Minister must set a total allowable catch that maintains the stock above a level that ensures its long-term viability. 4: When setting a total allowable catch under subsection (1), the Minister must be satisfied that quota owners have taken, and will continue to take, all reasonable steps (including, but not limited to, modifying fishing methods, fishing areas, and times of fishing) to minimise take of the stock. 5: Every total allowable catch set under subsection (1) for any stock continues to apply in each fishing year for the stock unless varied under subsection (6). 6: The Minister may from time to time, by notice in the Gazette 7: Without limiting subsection (1) or subsection (6), the Minister may set or vary any total allowable catch at, or to, zero. 8: The setting or variation of a total allowable catch under this section has effect on and from the first day of the next fishing year for the stock concerned. Section 14B inserted 9 September 1999 section 8 Fisheries Act 1996 Amendment Act 1999 14C: Stock may be declared no longer subject to section 14B 1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister, declare that section 14B 2: If an order under subsection (1) is made in respect of any stock, the total allowable catch for the stock must be set under section 13 section 14 3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 14C inserted 9 September 1999 section 8 Fisheries Act 1996 Amendment Act 1999 Section 14C(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 15: Fishing-related mortality of marine mammals or other wildlife 1: If a population management plan has been approved under section 14F section 3E a: shall take all reasonable steps to ensure that the maximum allowable fishing-related mortality level set by the relevant population management plan is not exceeded: b: may take such other measures as he or she considers necessary to further avoid, remedy, or mitigate any adverse effects of fishing on the relevant protected species. 2: In the absence of a population management plan, the Minister may, after consultation with the Minister of Conservation, take such measures as he or she considers are necessary to avoid, remedy, or mitigate the effect of fishing-related mortality on any protected species, and such measures may include setting a limit on fishing-related mortality. 3: The Minister may require, or authorise the chief executive to require, any person or class of persons listed in section 189 4: The Minister may recommend the making of such regulations under section 298 5: The Minister may, by notice a: under subsection (1)(a), for the purpose of ensuring the maximum allowable fishing-related mortality level set by the relevant population management plan is not exceeded; or b: under subsection (2), for the purpose of ensuring that any limit on fishing-related mortality is not exceeded. 6: Every person commits an offence and is liable to the penalty set out in section 252(5) 7: A notice under subsection (5) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 15(5) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 15(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 16: Emergency measures 1: If satisfied that there is or has been— a: an outbreak of disease; or b: a serious decline in the abundance or reproductive potential of 1 or more stocks or species; or c: a significant adverse change in the aquatic environment,— the Minister may, by notice 2: Before giving notice under subsection (1), the Minister shall, to the extent reasonably practicable in the circumstances, consult such persons or organisations as the Minister considers are representative of the classes of persons having an interest in the stock or area affected, including Maori, environmental, commercial, and recreational interests. 3: An emergency measure under this section may be in force for a period not exceeding 3 months and, after consultation by the Minister with such persons or organisations as the Minister considers are representative of those classes of persons having an interest in any stock or area affected, including Maori, environmental, commercial, and recreational interests, may be renewed once only for a further period not exceeding 9 months. 4: This section does not empower the Minister to reduce or cause to be reduced during the fishing year to which it relates any total allowable catch set under section 13 section 14 5: 6: Every person commits an offence and is liable to the penalty set out in section 252(5) 7: For the purposes of this section, the term emergency measures a: closing any area by prohibiting the harvesting of all or any fish, aquatic life, or seaweed in that area: b: restricting the methods that may be used to take any fish, aquatic life, or seaweed in any area: c: restricting the taking of any fish, aquatic life, or seaweed in any area by reference to the size, sex, or biological state of that fish, aquatic life, or seaweed and, for that purpose, setting or altering limits in respect of the size, sex, or biological state of any fish, aquatic life, or seaweed: d: setting or altering the fishing season for any stock in any area: e: imposing reporting requirements for any stock, area, or fishing method that are additional to reporting requirements for the time being in force under any other provision of this Act: f: requiring the disposal of any fish, aquatic life, or seaweed in a specified manner. 8: A notice under subsection (1) is secondary legislation ( see Part 3 1983 No 14 ss 65 85 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)(a) cl 14 • publish it in the Gazette • publicly notify it (see definition in section 2 The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 16(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 16(5) repealed 28 October 2021 regulation 22 Legislation Act (Amendments to Legislation) Regulations 2021 Section 16(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 4: Quota management system Application of this Part Heading substituted 1 October 2004 section 5 Fisheries Amendment Act (No 3) 2004 17: Application of Part generally 1: This Part applies to every stock made subject to the quota management system by— a: a declaration by the Minister by notice under section 18 section 5 b: any provision of this Act or any other Act. 2: This Part does not apply to fishing authorised by a foreign fishing licence issued under Part 5 3: For the purposes of subsection (1) and this Part, every species or class of fish, aquatic life or seaweed that was, immediately before the commencement of this Part, subject to Part 2A section 18 Section 17 substituted 1 October 2004 section 5 Fisheries Amendment Act (No 3) 2004 17A: Highly migratory species taken outside New Zealand fisheries waters 1: This section applies in relation to any stock of a highly migratory species (the relevant stock a: is subject to the quota management system in any area outside New Zealand fisheries waters; and b: is taken in that area by an operator who is a New Zealand national using a New Zealand ship outside New Zealand fisheries waters. 2: Except as otherwise expressly provided in subsection (3) or elsewhere in this Part, this Part applies in relation to any relevant stock as if the area outside New Zealand fisheries waters in which it was taken were in fact within New Zealand fisheries waters. 3: This section does not apply to fish taken from a relevant stock if the commercial fisher concerned can prove to the satisfaction of the chief executive that the amount of fish concerned was taken under the authority of, and, where national allocations for the species exist, against the national allocation of, another State that has agreed to comply with all international fisheries organisation management measures for the species concerned to which New Zealand has agreed. 4: In any case where New Zealand law conflicts with the laws of a State in whose jurisdiction any relevant stock was taken, the laws of that other State prevail over New Zealand law. 5: Subsection (4) does not abrogate the obligations of the commercial fisher under this Part and Part 10 Section 17A inserted 1 October 2004 section 5 Fisheries Amendment Act (No 3) 2004 Declaration of quota management system Heading inserted 1 October 2004 section 5 Fisheries Amendment Act (No 3) 2004 17B: Determination that stock or species be subject to quota management system 1: The Minister must make a determination under subsection (2) if satisfied that the current management of a stock or species— a: is not ensuring the sustainability of the stock or species; or b: is not providing for the utilisation of the stock or species. 2: The Minister must determine to make the stock or species concerned subject to the quota management system, unless he or she determines that the purpose of this Act would be better met by setting 1 or more sustainability measures under section 11 section 13 section 14 3: Before determining whether the criteria in subsection (1)(a) or (b) have been satisfied, and before making a determination under subsection (2), the Minister must consult those persons or organisations considered by the Minister to be representative of the classes of persons who have an interest in the relevant determination. 4: As soon as practicable after making a determination under subsection (2), the Minister must give his or her reasons for the determination in writing to any persons or organisations consulted under subsection (3). 5: In the case of a stock or species listed in Schedule 4C a: the Minister may make a determination under subsection (2), regardless of whether or not the Minister is satisfied of the matters specified in subsection (1); and b: if the Minister determines not to make the stock or species concerned subject to the quota management system,— i: the Minister must notify that fact in accordance with subsection (8) ii: the moratorium on the issue of fishing permits for that stock or species under section 93 iii: the stock or species concerned must be removed from Schedule 4C 6: Despite subsection (2), the Minister may not determine under that subsection to make subject to the quota management system any stock of highly migratory species outside New Zealand fisheries waters except to give effect to— a: a national allocation to New Zealand by an international fisheries organisation in relation to that stock; or b: any other management measures to which New Zealand has agreed, made by an international fisheries organisation in relation to that stock. 7: The Minister must consult the Minister of Conservation before making a determination under this section in respect of any stock or species that is both— a: listed in Schedule 4C b: listed in any of the appendices to the Convention on International Trade in Endangered Species of Wild Flora and Fauna. 8: A notice under subsection (5)(b) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 17B inserted 1 October 2004 section 5 Fisheries Amendment Act (No 3) 2004 Section 17B(5)(b)(i) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 17B(5)(b)(ii) substituted 27 March 2008 section 4 Fisheries Amendment Act 2008 Section 17B(5)(b)(iii) substituted 27 March 2008 section 4 Fisheries Amendment Act 2008 Section 17B(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 18: Declaration that new stock subject to quota management system 1: If the Minister determines under section 17B 2: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 18 substituted 1 October 2004 section 5 Fisheries Amendment Act (No 3) 2004 Section 18(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 18(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 19: Matters to be included in notice under section 18 1: Any notice given under section 18 a: define the quota management area to which the notice relates by reference to an area or areas defined in Schedule 1 b: state the fishing year in respect of the stock, which year shall be a 12-month period commencing on either 1 April or 1 October: c: state whether, for the stock concerned, the total allowable commercial catch is, and annual catch entitlements are, to be expressed in meatweight or greenweight: d: make provision for such other matters as may be contemplated by this Act. 2: In defining the quota management area, the Minister shall, as far as practicable, maintain the same quota management areas for different species. 2A: In the case of a stock or species listed in Schedule 4C 3: If the Minister is satisfied that any species section 18 4: Subject to subsections (5), (5A), and (6) a: no declaration made under section 18 b: no species or class of fish, aquatic life, or seaweed that was immediately before the commencement of this Part, subject to Part 2A c: no quota management area shall be altered— except by Act of Parliament. 5: Subsection (4) does not prevent— a: the Minister varying, by notice section 18 b: any alteration section 25 c: any amendment to a notice under section 18 5A: Without limiting subsection (5)(c), the Minister may amend a declaration under section 18 section 36 6: A provision in a regulation made under this Act, or in a notice given under section 15 section 16 section 186(2)(b) 7: Before making a declaration under section 18 8: The following are secondary legislation ( see Part 3 a: a notice under subsection (5)(a): b: an amendment under subsection (5)(c): c: an amendment under subsection (5A). 8: 1983 No 14 s 28B(1), (3), (5), (6) 1986 No 34 s 10 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (8). Legislation Act 2019 requirements for secondary legislation referred to in subsection (8) Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 19(2A) inserted 1 October 2004 section 6(1) Fisheries Amendment Act (No 3) 2004 Section 19(3) amended 1 May 2001 section 9(1) Fisheries Act 1996 Amendment Act 1999 Section 19(4) amended 1 May 2001 section 9(2) Fisheries Act 1996 Amendment Act 1999 Section 19(5)(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 19(5)(b) amended 1 May 2001 section 9(3) Fisheries Act 1996 Amendment Act 1999 Section 19(5A) inserted 1 May 2001 section 9(4) Fisheries Act 1996 Amendment Act 1999 Section 19(5A) amended 27 March 2008 section 5 Fisheries Amendment Act 2008 Section 19(7) substituted 1 May 2001 section 9(5) Fisheries Act 1996 Amendment Act 1999 Section 19(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 19(8) repealed 1 October 2004 section 6(2) Fisheries Amendment Act (No 3) 2004 20: Setting and variation of total allowable commercial catch 1: Subject to this section, the Minister shall, by notice in the Gazette , or until an alteration of the quota management area for that stock takes effect in accordance with sections 25 26 2: The Minister may from time to time, by notice in the Gazette 3: Without limiting the generality of subsections (1) and (2), the Minister may set or vary a total allowable commercial catch at, or to, zero. 4: Every total allowable commercial catch set or varied under this section shall have effect on and from the first day of the next fishing year for the quota management stock concerned. 5: A total allowable commercial catch for any quota management stock shall not— a: be set unless the total allowable catch for that stock has been set under section 13 section 14 b: be greater than the total allowable catch set for that stock. 1983 No 14 s 28C 1990 No 29 s 5(1) Section 20(1) amended 1 October 2001 section 5 Fisheries (Remedial Issues) Amendment Act 1998 21: Matters to be taken into account in setting or varying any total allowable commercial catch 1: In setting or varying any total allowable commercial catch for any quota management stock, the Minister shall have regard to the total allowable catch for that stock and shall allow for— a: the following non-commercial fishing interests in that stock, namely— i: Maori customary non-commercial fishing interests; and ii: recreational interests; and b: all other mortality to that stock caused by fishing. 2: Before setting or varying a total allowable commercial catch for any quota management stock, the Minister shall consult such persons and organisations as the Minister considers are representative of those classes of persons having an interest in this section, including Maori, environmental, commercial, and recreational interests. 3: After setting or varying any total allowable commercial catch under section 20 4: When allowing for Maori customary non-commercial interests under subsection (1), the Minister must take into account— a: any mataitai reserve in the relevant quota management area that is declared by the Minister by notice in the Gazette section 186 b: any area closure or any fishing method restriction or prohibition in the relevant quota management area that is imposed by the Minister by notice in the Gazette section 186A 5: When allowing for recreational interests under subsection (1), the Minister shall take into account any regulations that prohibit or restrict fishing in any area for which regulations have been made following a recommendation made by the Minister under section 311 1983 No 14 ss 28C 28OB(1), (2) 1990 No 29 ss 5(1) 15 Section 21(4) substituted 1 October 2001 section 6 Fisheries (Remedial Issues) Amendment Act 1998 22: Effect of reduction of total allowable commercial catch 1: If the Crown owns any unencumbered quota shares for a stock as at the date the total allowable commercial catch for that stock is reduced under section 20 a ÷ (100 000 000 – b) × c = d where— a is the number of quota shares for the stock held by the person immediately before the reduction in the total allowable commercial catch for the stock takes effect; and b is the number of unencumbered quota shares for the stock owned by the Crown immediately before the reduction in the total allowable commercial catch for the stock takes effect; and c is the lesser of— a: the number of unencumbered quota shares for the stock owned by the Crown immediately before the reduction in the total allowable commercial catch for the stock takes effect: b: the number of d is the number of quota shares to be transferred to the quota owner under this section. 2: If there has been a reduction in the total allowable commercial catch for any stock but the Crown does not hold any unencumbered quota shares for that stock as at the date the reduction takes effect, no deductions or transfers of quota shall be made under this section. 3: The chief executive shall, as soon as practicable after the reduction takes effect, notify every quota owner affected by a reduction in the total allowable commercial catch for any stock of— a: the reduced total allowable commercial catch; and b: any consequential change in the number of the quota shares for that stock that are owned by that person; and c: the quota weight equivalent of 1 quota share of the reduced total allowable commercial catch. 4: The chief executive shall, as soon as practicable after any reduction in the total allowable commercial catch for any stock takes effect, notify the Registrar of Quota for any stock of any quota transfer necessary to give effect to the reduction. 5: For the purposes of subsection (1), the Crown is a quota owner except in relation to its unencumbered quota. 1983 No 14 s 28OD 1990 No 29 s 15 Section 22(1) formula item c paragraph (b) amended 1 October 2001 section 4 Fisheries (Remedial Issues) Amendment Act 2001 23: Effect of increase in total allowable commercial catch 1: If the total allowable commercial catch for any stock has been increased under section 20 eligible person a × {1 − [b ÷ (b + c)]} = d where— a is the number of quota shares for the stock owned by any person immediately before the increase in the total allowable commercial catch takes effect; and b is the total allowable commercial catch for the stock (in kilogrammes) applying immediately before the increase takes effect; and c is the lesser of— a: the amount of the increase in the total allowable commercial catch for the stock (in kilogrammes): b: the total of all preferential allocation rights for the stock (in kilogrammes); and d is the number of quota shares to be deducted from each person's holdings and transferred to the Crown in accordance with this section. 2: Immediately after deducting quota shares under subsection (1), the chief executive shall transfer to each eligible person a number of quota shares which shall be calculated in accordance with the following formula: a ÷ b × c × 100 000 000 ÷ (d + c) = e where— a is the eligible person's current preferential allocation rights for the stock (in kilogrammes); and b is the total of all preferential allocation rights for the stock (in kilogrammes); and c is the lesser of— a: the amount of the increase in the total allowable commercial catch for the stock (in kilogrammes): b: the total of all preferential allocation rights for the stock (in kilogrammes); and d is the total allowable commercial catch for the stock (in kilogrammes) applying immediately before the increase takes effect; and e is the number of quota shares to be transferred from the Crown to the eligible person in accordance with this section. 3: Every person who was, immediately before the commencement of this section, entitled to quota under section 28OE(1)(a) section 28N a: shall have effect only while that person continues to be registered on the Quota Register as the owner of shares for that stock, and those shares have been continuously owned b: is personal to the eligible person who holds the right and is not transferable in any circumstances. 4: The amount of an eligible person's preferential allocation right must be reduced in accordance with the following formula: (a ÷ b) × c = d where— a is the eligible person's current preferential allocation right for the stock (in kilogrammes) b is the total of all preferential allocation rights for the stock (in kilogrammes) c is the lesser of— a: the amount of the increase in the total allowable commercial catch for the stock (in kilogrammes): b: the total of all preferential allocation rights for the stock (in kilogrammes) d is the amount of the reduction in the eligible person's preferential allocation right (in kilogrammes). 4A: An eligible person's preferential allocation right expires if the amount of that right equals zero. 4B: An eligible person is not entitled to receive, in the aggregate under subsection (2), quota shares whose quota weight equivalent (calculated at the time of transfer of the relevant shares to the eligible person) exceeds the amount of preferential allocation right held by that person on the commencement of this section or on the date of allocation of quota to that person under section 337 5: If the total allowable commercial catch for any stock is increased but there are no eligible persons in relation to that stock, no deductions or transfers of quota shall be made under this section. 6: The chief executive shall, as soon as practicable after any increase in the total allowable commercial catch for any stock takes effect, cause every quota owner affected by the increase to be notified of— a: the increased total allowable commercial catch; and b: any consequential change in the number of the quota shares for that stock owned by that person; and c: the quota weight equivalent of 1 quota share of the increased total allowable commercial catch. 7: The chief executive shall, as soon as practicable after any reduction in a person's preferential allocation right takes effect, notify the Registrar of Quota for any stock of any quota transfer necessary to give effect to the reduction. 1983 No 14 s 28OE(1)(a), (5) 1990 No 29 s 15 Section 23(3)(a) amended 1 October 2001 section 5(1) Fisheries (Remedial Issues) Amendment Act 2001 Section 23(4) substituted 1 October 2001 section 5(2) Fisheries (Remedial Issues) Amendment Act 2001 Section 23(4A) inserted 1 October 2001 section 5(2) Fisheries (Remedial Issues) Amendment Act 2001 Section 23(4B) inserted 1 October 2001 section 5(2) Fisheries (Remedial Issues) Amendment Act 2001 Quota management areas 24: Quota management areas 1: There shall be a quota management area for every stock to which this Part applies. 2: Subject to section 25 a: in the case of any stock declared by notice under section 18 b: in the case of any species or class of fish, aquatic life, or seaweed that, immediately before the date of commencement of this section, was subject to Part 2A 1983 No 14 s 28B(3), (4) 1986 No 34 s 10 25: Alteration of quota management areas 1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister,— a: alter a quota management area or quota management areas— i: by dividing an area into smaller quota management areas; or ii: by amalgamating a quota management area (or defined area or areas within a quota management area) with any adjoining quota management areas (or defined area or areas within any adjoining quota management area); or iii: by dividing a multi-species stock into 2 or more stocks; or iv: by amalgamating 2 or more quota management stocks; or v: by doing any combination of those things: b: in relation to quota for squid in a quota management area being altered under this section, remove any method restriction applying to that quota: c: amend Schedule 1 2: The Minister may make a recommendation under subsection (1) if— a: the Minister complies with section 25A b: the Minister complies with section 25B 3: Before recommending the alteration of any quota management area under subsection (1), the Minister must— a: have regard to— i: non-commercial fishing interests in the affected area; and ii: the biological characteristics of each stock that would be affected by the recommendation; and iii: such other matters as the Minister considers relevant; and b: consult the persons and organisations considered by the Minister to be representative of those classes of persons having an interest in the relevant quota management area, including Maori, recreational, commercial, and environmental interests; and c: provide for the input and participation of tangata whenua who have— i: a non-commercial interest in the stock or stocks concerned; or ii: an interest in the effects of fishing on the aquatic environment in the area or areas concerned; and d: for the purpose of paragraph (c), have particular regard to kaitiakitanga. 4: The Minister's recommendation under subsection (1) must reflect what is in the quota owners' agreement referred to in section 25A section 25B 5: Every Order in Council made under subsection (1)— a: comes into force on the commencement of the first day of the fishing year to which it relates; and b: must be made no fewer than 90 days before it comes into force. 6: When an Order in Council is made under subsection (1), the chief executive must ensure that— a: a memorial is recorded in the appropriate register against all quota for any stock affected by the alteration; and b: the memorial is to the effect that the stock will be affected by the alteration. 7: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 25 substituted 1 October 2001 section 10 Fisheries Act 1996 Amendment Act 1999 Section 25(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 25A: Alteration of quota management areas with agreement of quota owners 1: The Minister may not recommend the alteration of any quota management area under section 25(1) a: the purpose of this Act would be achieved better by altering the quota management area or areas; and b: the alteration would not unduly prejudice any quota owner who— i: owns quota shares for the stock or stocks in the quota management area or areas concerned; and ii: is opposed to the alteration; and c: an agreement that, in the Minister's opinion, satisfactorily addresses the matters set out in subsection (2) has been executed (either as an original or in counterparts) by the quota owners who hold in the aggregate not fewer than 75 000 000 quota shares for each of the stock or stocks for the area or areas being altered; and d: the quota owners have publicly notified their intention to seek an alteration of the quota management area or areas; and e: the quota owners have also notified their intention to seek an alteration to— i: persons who are noted on the Quota Register as having an interest in the quota to which the proposed alteration relates; and ii: parties to leases or transfers registered on the Transitional Register in respect of quota to which the proposed alteration relates. 2: The agreement must provide for all of the following matters: a: the boundaries of the proposed quota management area or quota management areas: b: the species that comprise the stock or stocks after the proposed alteration: c: the manner in which quota shares are to be apportioned after the alteration: d: the interests of aggrieved— i: quota owners who hold quota shares to which the proposed alteration relates; and ii: parties to leases or transfers registered on the Transitional Register in respect of quota to which the proposed alteration relates: e: in the case of any alteration to a quota management area or quota management areas for squid, whether any method restriction applying to squid quota should be removed: f: any other matter required by the Minister to be addressed. 3: The agreement must include provisions to resolve any grievance of a quota owner who holds quota shares in any area affected by the proposed alteration only if required by the Minister. Section 25A inserted 1 October 2001 section 10 Fisheries Act 1996 Amendment Act 1999 Section 25A(1)(e) substituted 1 October 2001 section 6(1) Fisheries (Remedial Issues) Amendment Act 2001 Section 25A(2)(d) substituted 1 October 2001 section 6(2) Fisheries (Remedial Issues) Amendment Act 2001 25B: Alteration of quota management areas without agreement of quota owners The Minister may recommend the alteration of any quota management area under section 25(1) section 25(2)(a) a: has approved a plan that provides for all of the following matters: i: the boundaries of the proposed quota management area or areas: ii: the species that comprise the stock or stocks after the alteration: iii: the manner in which quota shares are to be apportioned after the alteration: iv: in the case of any alteration to a quota management area or areas for squid, whether any method restriction applying to squid quota should be removed; and b: is satisfied, having considered alternative options, that the alteration as specified in the plan is necessary to ensure sustainability; and c: has publicly notified his or her intention to recommend the alteration of the quota management area or areas; and d: has also notified his or her intention to recommend the alteration of the quota management area or areas to— i: persons who are noted on the Quota Register as having an interest in the quota to which the proposed alteration relates; and ii: parties to leases or transfers registered on the Transitional Register in respect of quota to which the proposed alteration relates. Section 25B inserted 1 October 2001 section 10 Fisheries Act 1996 Amendment Act 1999 Section 25B(d) substituted 1 October 2001 section 7 Fisheries (Remedial Issues) Amendment Act 2001 26: Effect on quota if quota management area altered 1: This section applies if an order is made under section 25 2: Subject to sections 43 52 a: in accordance with the agreement referred to in section 25A section 25B b: in the form in which the quota was held immediately before the alteration takes effect. 3: The chief executive must, as soon as practicable after the order is made, cause every quota owner affected by the alteration— a: to be notified of the number of quota shares (if any) allocated to that person for each new stock and of any other relevant matters; and b: to be given a schedule setting out the allocation of quota shares to all other quota owners for each new stock. 4: On the close of the last day of the fishing year before the fishing year in which the alteration takes effect, all existing quota affected by an alteration under section 25 5: All preferential allocation rights held under section 23 6: This section does not confer on Te Ohu Kai Moana Trustee Limited section 44 Section 26 substituted 1 October 2001 section 10 Fisheries Act 1996 Amendment Act 1999 Section 26(6) amended 29 November 2004 section 214 Maori Fisheries Act 2004 Definition of rights relating to quota Heading repealed 9 September 1999 section 85(a) Fisheries Act 1996 Amendment Act 1999 27: Characteristics of individual transferable quota Section 27 repealed 9 September 1999 section 85(a) Fisheries Act 1996 Amendment Act 1999 28: Characteristics of provisional individual transferable quota Section 28 repealed 9 September 1999 section 85(a) Fisheries Act 1996 Amendment Act 1999 29: Characteristics of provisional catch history Section 29 repealed 9 September 1999 section 85(a) Fisheries Act 1996 Amendment Act 1999 Basis for allocation of quota Heading inserted 1 October 2004 section 7 Fisheries Amendment Act (No 3) 2004 29A: Basis for allocation of quota 1: Except as provided in this section, quota must be allocated in accordance with section 29B 2: Quota for the following stocks must be allocated on the basis of provisional catch history: a: any stock or species listed in Schedule 4C Gazette section 17B(5)(b) b: any stock or species listed in Schedule 4D c: tuna inside New Zealand fisheries waters: d: highly migratory species outside New Zealand fisheries waters. Section 29A inserted 1 October 2004 section 7 Fisheries Amendment Act (No 3) 2004 29B: Allocation to Crown and Te Ohu Kai Moana Trustee Limited 1: After the Minister has declared a stock to be subject to the quota management system (other than a stock specified in section 29A(2) a: allocate 80 000 000 quota shares to the Crown; and b: in accordance with section 44 Te Ohu Kai Moana Trustee Limited 2: The allocation takes effect on the first day of the fishing year in respect of which the stock becomes a quota management stock. Section 29B inserted 1 October 2004 section 7 Fisheries Amendment Act (No 3) 2004 Section 29B heading amended 29 November 2004 section 214 Maori Fisheries Act 2004 Section 29B(1)(b) amended 29 November 2004 section 214 Maori Fisheries Act 2004 Provisional catch history 30: Provisional catch history to be mechanism for allocation of quota Section 30 repealed 1 October 2004 section 8 Fisheries Amendment Act (No 3) 2004 31: Manner of calculating provisional catch history Section 31 repealed 1 October 2004 section 9 Fisheries Amendment Act (No 3) 2004 Calculation of provisional catch history if no individual catch entitlement 32: Criteria of eligibility to receive provisional catch history for quota management stock 1: If a stock is declared by notice under section 18 a: either,— i: ii: was issued a fishing permit under section 2(2) iii: in the case of any highly migratory species outside New Zealand fisheries waters or tuna inside New Zealand fisheries waters, at any time during any applicable qualifying year,— A: held a fishing permit or high seas fishing permit issued under section 63 section 91 section 113H B: in the judgment of the chief executive, held a valid authority to take the stock using a New Zealand ship in the national fisheries jurisdiction of a foreign country; or iv: in any other case, held, at any time during any applicable qualifying year, a fishing permit issued under section 63 of the Fisheries Act 1983 for any species of fish, aquatic life, or seaweed; and b: in any case, is not an overseas person or, if an overseas person, either has obtained consent under the overseas investment fishing provisions to acquire provisional catch history or quota or is exempt from the requirement for that consent,— and has provided the chief executive with eligible returns for the stock for the applicable qualifying year or qualifying years. 2: For the purposes of this Part, an eligible return a: means a lawfully completed catch landing return or a catch, effort, and landing return as referred to in the Fisheries (Reporting) Regulations 2001 Fisheries (Reporting) Regulations 1990 i: in the case of any stock referred to in subparagraph (ii) or subparagraph (iii) of subsection (1)(a), was given to the chief executive on or before the 15th day after the close of each applicable qualifying year; or ii: in any other case, was given to the chief executive on or before 15 October 1994: b: includes, in relation to any highly migratory species, any lawfully completed return that— i: is of a kind required by or under section 113K section 297(1)(ha) ii: was given to the chief executive on or before the 15th day after the close of each applicable qualifying year, or on or before such later date as may be specified for the purpose by regulations made under section 297(1)(ha) Section 32(1) amended 1 October 2004 section 10(1)(a) Fisheries Amendment Act (No 3) 2004 Section 32(1)(a)(i) repealed 1 October 2004 section 10(1)(b) Fisheries Amendment Act (No 3) 2004 Section 32(1)(a)(iii) substituted 1 October 2004 section 10(2) Fisheries Amendment Act (No 3) 2004 Section 32(1)(b) substituted 25 August 2005 section 75 Overseas Investment Act 2005 Section 32(2) substituted 1 October 2004 section 10(3) Fisheries Amendment Act (No 3) 2004 32A: Application of Part 4 to estate of deceased fishing permit holder 1: Subsections (2) and (3) apply for the purposes of this Part, in relation to any fishing permit other than a fishing permit to which section 63A section 93A 2: The deceased's estate must be treated as the holder of the fishing permit for the purposes of this Part. 3: Where this Part requires that a person, at the date of publication of a notice under section 18 4: In this section, fishing permit section 113H Section 32A inserted 9 September 1999 section 12 Fisheries Act 1996 Amendment Act 1999 Section 32A(4) added 1 October 2004 section 11 Fisheries Amendment Act (No 3) 2004 32B: Expiry of section 32A Section 32B repealed 1 October 2004 section 12 Fisheries Amendment Act (No 3) 2004 33: Qualifying years 1: For the purposes of this Part, the qualifying year or qualifying years are,— a: in the case of a person eligible under section 32(1)(a)(ii) section 2(2) i: the first consecutive 12 months following the date of issue of the fishing permit; or ii: the fishing years commencing respectively on 1 October 1990 and 1 October 1991: b: in the case of a person eligible to receive provisional catch history under section 32(1)(a)(iii) c: in any other case, the fishing years commencing respectively on 1 October 1990 and 1 October 1991. 2: A notice under subsection (1)(b) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 33(1)(a) substituted 13 August 2004 section 4 Fisheries Amendment Act (No 2) 2004 Section 33(1)(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 33(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 34: Calculation of provisional catch history 1: The provisional catch history of a person is,— a: if the qualifying year is the one referred to in section 33(a)(i) section 32(1)(a)(ii) b: subject to subsection (1A), if section 33(b) section 32(1)(a)(iii) i: chosen by the person in accordance with section 35(3)(c)(iv) ii: if the person has not made such a choice, chosen by the chief executive in accordance with section 35(1)(d) c: in the case of any other person who is eligible to receive provisional catch history under paragraph (a)(i) or paragraph (a)(iv) of section 32(1) i: chosen by the person in accordance with section 35(3)(c)(iv) ii: if the person has not made such a choice, chosen by the chief executive in accordance with section 35(1)(d) 1A: Despite subsection (1)(b), the provisional catch history of a person in respect of highly migratory species (other than southern bluefin tuna) taken outside New Zealand fisheries waters— a: must be calculated in the prescribed manner (if any) in accordance with regulations made under section 297(1)(hb) b: subject to paragraph (a), is the total weight of eligible catch reported in the person's eligible returns divided by the number of qualifying years. 2: For the purposes of this Part and Part 15 eligible catch section 32 a: fish, aquatic life, or seaweed seized by a fishery officer under section 80 section 207 b: fish, aquatic life, or seaweed, other than highly migratory species Fisheries Act 1983 c: fish, aquatic life, or seaweed (other than fish, aquatic life or seaweed taken by persons granted fishing permits under section 2(2) section 64 Section 34(1)(a) amended 1 October 2004 section 13(1) Fisheries Amendment Act (No 3) 2004 Section 34(1)(b) amended 1 October 2004 section 13(2) Fisheries Amendment Act (No 3) 2004 Section 34(1A) inserted 1 October 2004 section 13(3) Fisheries Amendment Act (No 3) 2004 Section 34(2)(b) amended 1 October 2004 section 13(4) Fisheries Amendment Act (No 3) 2004 35: Notification of eligibility to receive provisional catch history 1: The chief executive shall, as soon as practicable after the publication of a notice under section 18 a: decide whether, in the chief executive's opinion, a person is eligible to be allocated provisional catch history in accordance with this Act; and b: if the person is eligible to be allocated provisional catch history, determine whether, in the chief executive's opinion, the person is eligible to be allocated quota under section 47 i: in the case of a stock that was a controlled fishery as at the date of the publication of the notice declaring the stock to be subject to the quota management system, the person was a holder of both a controlled fishery licence for that stock and a current fishing permit; or ii: in any other case,— A: the person was a holder of a fishing permit as at the date of the publication of the notice declaring the stock to be subject to the quota management system; and B: the person is not an overseas person or, if an overseas person, either has obtained consent under the overseas investment fishing provisions to acquire provisional catch history or quota or is exempt from the requirement for that consent; and c: if section 33(a)(i) d: if paragraph (a)(ii) or section 33 2: The chief executive shall, as soon as practicable after deciding or determining the matters referred to in subsection (1), notify in writing every person whom the chief executive considers to be eligible for provisional catch history of the following matters: a: the chief executive's decisions and determinations in respect of that person under subsection (1): b: the applicable qualifying years for the stock for which that person is eligible to receive provisional catch history: c: the eligible catch of that person for each month of the applicable qualifying years: d: the rights conferred by subsection (4): e: the date on which the notice under this section is issued: ea: the date by which objections must be lodged (which date must be at least 60 working days after the date specified under paragraph (e)): f: such other matters as the chief executive thinks relevant. 3: Within 10 working days after the date specified in subsection (2)(e), the chief executive must publicly notify— a: that eligibility for provisional catch history for the stock has been determined and notified under subsection (2); and b: the location where information on the criteria of eligibility for an allocation of provisional catch history and quota can be found; and c: the location where information on the process for notifying the chief executive of an objection to the non-allocation of provisional catch history can be found; and d: the date by which a person to whom subsection (5) applies must lodge their notification under that subsection with the chief executive. 4: Any person notified in accordance with subsection (2) may, on or before the date specified in the notice,— a: lodge with the chief executive in the approved form an objection giving reasons for the objection— i: as to the quantum of eligible catch stated in the notice; or ii: as to the chief executive's opinion that the person will not be eligible to receive an allocation of quota; and b: 5: Any person who has not received a notification under subsection (2), but who believes that the person is or will be— a: entitled to receive provisional catch history; or b: entitled to receive quota,— under this Act, may, on or before the date specified in the public notification referred to in subsection (3), notify the chief executive on the approved form of— c: the grounds for the belief; and d: if the qualifying years are those set out in paragraph (b) or paragraph (c) of section 33 6: 7: Section 35(1)(b)(ii)(B) substituted 25 August 2005 section 75 Overseas Investment Act 2005 Section 35(1)(c) amended 1 October 2004 section 14(1)(a) Fisheries Amendment Act (No 3) 2004 Section 35(1)(d) amended 1 October 2004 section 14(1)(b) Fisheries Amendment Act (No 3) 2004 Section 35(2)(e) substituted 23 June 1998 section 10(1) Fisheries (Remedial Issues) Amendment Act 1998 Section 35(2)(ea) inserted 23 June 1998 section 10(1) Fisheries (Remedial Issues) Amendment Act 1998 Section 35(3) substituted 1 October 2004 section 14(2) Fisheries Amendment Act (No 3) 2004 Section 35(3)(a) substituted 27 March 2008 section 6 Fisheries Amendment Act 2008 Section 35(4)(b) amended 1 October 2004 section 14(3) Fisheries Amendment Act (No 3) 2004 Section 35(6) repealed 1 October 2004 section 14(4) Fisheries Amendment Act (No 3) 2004 Section 35(7) repealed 1 July 2000 section 6 Fisheries Amendment Act 2000 35A: Amendment of notification of eligibility to receive provisional catch history 1: If the Minister amends a declaration under section 19(5A) a: decide or determine the matters in section 35(1) b: revoke a notice issued under section 35(2) c: revoke a notice published under section 35(3) d: issue a new notice under section 35(2) e: publish a new notice under section 35(3) 2: If the chief executive revokes a notice under subsection (1)(b),— a: the chief executive must notify, in writing, the person who was issued the notice of— i: the revocation; and ii: the reasons for the revocation; and b: all objections lodged under section 35(4) 3: If the chief executive revokes a notice under subsection (1)(c),— a: the chief executive must publicly notify— i: the revocation; and ii: the reasons for the revocation; and b: all notifications received under section 35(5) Section 35A inserted 9 September 1999 section 13 Fisheries Act 1996 Amendment Act 1999 36: Notification of allocation of provisional catch history 1: As soon as practicable after the specified date referred to in section 35(2)(ea) a: complete his or her determination of any objection or notification received under section 35 b: in the case of any person whom the chief executive considers to be eligible to receive provisional catch history for a stock, allocate the amount of such provisional catch history as the chief executive considers the person is eligible to receive: c: notify the person concerned,— i: in the case of any person whom the chief executive considers to be eligible to receive provisional catch history for a stock, of the allocation and the amount of provisional catch history; and ii: in all cases, of the result of any determination under paragraph (a). 2: Every notification under subsection (1) shall be sent to the person's last known address and shall state— a: both— i: the person's right to appeal under section 51(1)(b) ii: that the appeal must be lodged not later than the date specified for the purpose in the notice; and b: if the chief executive considers under section 35(1)(b) c: if the chief executive considers, under section 35(1)(b)(ii)(B) i: the person's right to appeal under section 51(1)(b) ii: that any appeal to the Catch History Review Committee or application for a declaration to the High Court must be lodged not later than the date specified under paragraph (a)(ii). 3: The date referred to in paragraphs (a)(ii) and (c)(ii) of subsection (2) and specified in a notification under subsection (1) shall be not less than 60 working days after the date of the notification. 4: As soon as practicable after notifying persons under subsection (1), the chief executive shall notify the Registrar of Quota of— a: the amount of provisional catch history the chief executive has allocated to each person; and b: the name of every person allocated provisional catch history for the stock who the chief executive believes is not eligible to receive quota. 5: As soon as practicable after the specified date referred to in subsection (2)(c)(ii), the chief executive shall notify the Registrar of Quota of whether any person or the chief executive has appealed to the Catch History Review Committee under section 51 Section 36(1) amended 1 October 2001 section 6 Fisheries Amendment Act 2001 Section 36(1)(a) amended 23 June 1998 section 11 Fisheries (Remedial Issues) Amendment Act 1998 37: Transfer of provisional catch history 1: Provisional catch history in respect of any stock, other than a stock to which section 40 a: the transferor is not eligible to receive quota for the stock; and b: the transferee complies with section 45(a) and (b) c: any appeal against the amount of provisional catch history for the stock allocated to the transferor has been finally determined or withdrawn; and d: the transfer takes effect during the transfer period and the chief executive e: the transfer is for an amount of provisional catch history expressed in whole kilogrammes. 2: For the purposes of subsections (1) and (3), the transfer period is— a: the transfer period referred to in section 36(2)(b) b: a period of 20 working days commencing on the later of the following: i: the day following the date of the final determination or withdrawal of any appeal in respect of the provisional catch history being transferred: ii: if section 54(1)(b) 3: If provisional catch history for any stock is allocated to any person who is not eligible to receive quota under section 45 chief executive 4: A transferee shall lodge a copy of the transfer, together with the prescribed fee (if any) with the Registrar of Quota and the Registrar shall record the transfer in the register and shall notify the chief executive, the transferor, and the transferee accordingly. Section 37(1)(b) substituted 1 October 2001 section 7(1) Fisheries Amendment Act 2001 Section 37(1)(d) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 37(3) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 38: Disputes about transfer of provisional catch history Section 38 repealed 1 October 2004 section 15 Fisheries Amendment Act (No 3) 2004 Allocation of provisional catch history based on individual catch entitlement Heading repealed 1 October 2004 section 15 Fisheries Amendment Act (No 3) 2004 39: Criteria of eligibility to receive provisional catch history for stock controlled by individual catch entitlement Section 39 repealed 1 October 2004 section 15 Fisheries Amendment Act (No 3) 2004 40: Calculation of provisional catch history based on individual catch entitlement Section 40 repealed 1 October 2004 section 15 Fisheries Amendment Act (No 3) 2004 41: Notification of eligibility to receive provisional catch history on basis of individual catch entitlement Section 41 repealed 1 October 2004 section 15 Fisheries Amendment Act (No 3) 2004 Allocation of quota 42: Quota to be expressed in shares Quota for any stock shall be expressed as shares that are whole numbers, and— a: the sum of that quota shall be 100 000 000 shares for each stock; and b: the value of 1 share is equal to one hundred-millionth of the total allowable commercial catch for the stock. 1983 No 14 s 28O(2) 1986 No 34 s 10 43: Rounding of amounts or shares If the chief executive allocates a number of quota shares to any person or increases or decreases the number of quota shares held by any person under this Act, the chief executive may round up or round down the number of quota shares consequently held by that person to ensure that— a: the sum of quota shares for the stock is always 100 000 000; and b: no person holds a part of a quota share. 44: Te Ohu Kai Moana Trustee Limited 1: The chief executive shall allocate to Te Ohu Kai Moana Trustee Limited Gazette section 18 2: section 29B section 47 3: Section 44 heading amended 29 November 2004 section 214 Maori Fisheries Act 2004 Section 44(1) amended 29 November 2004 section 214 Maori Fisheries Act 2004 Section 44(2) amended 1 October 2004 section 16(a) Fisheries Amendment Act (No 3) 2004 Section 44(2) amended 1 October 2004 section 16(b) Fisheries Amendment Act (No 3) 2004 Section 44(3) repealed 1 October 2004 section 16(c) Fisheries Amendment Act (No 3) 2004 45: Criteria of eligibility to receive quota A person is eligible to receive quota for any stock declared by notice in the Gazette section 18 a: at the date of the publication of the notice is— i: a holder of a fishing permit or a high seas fishing permit (or, in the judgment of the chief executive, a person holding a valid authority to fish in the national fisheries jurisdiction of a foreign country; or ii: in the case of a stock that was a controlled fishery on the date of the publication of the notice, a holder of both a controlled fishery licence for the stock and a fishing permit ; or iii: the estate of a fishing permit holder to which section 32A b: is not an overseas person or, if an overseas person, either has obtained consent under the overseas investment fishing provisions to acquire provisional catch history or quota or is exempt from the requirement for that consent; and c: has obtained for the stock, whether by an allocation or a transfer in accordance with this Act, provisional catch history that is recorded in that person's name in the Quota Register. Section 45(a)(i) substituted 1 October 2004 section 17 Fisheries Amendment Act (No 3) 2004 Section 45(a)(ii) amended 9 September 1999 section 16(1) Fisheries Act 1996 Amendment Act 1999 Section 45(a)(iii) added 9 September 1999 section 16(2) Fisheries Act 1996 Amendment Act 1999 Section 45(b) substituted 25 August 2005 section 75 Overseas Investment Act 2005 46: Withholding of quota for non-payment of cost recovery levies or deemed values If a fishing permit or high seas fishing permit Part 14 Section 46 amended 1 October 2004 section 18 Fisheries Amendment Act (No 3) 2004 47: Allocation of quota on basis of provisional catch history 1: section 36(3) section 41(2) section 43 a: the number of shares the quota weight equivalent of which is equivalent to the person's provisional catch history for the stock: b: the number of shares that bears the same proportion to the 80 000 000 shares of quota available for allocation for the stock as the person's provisional catch history bears to the total provisional catch history held by persons who are eligible to receive quota for the stock. 1A: If the total allowable commercial catch for a stock is equal to zero, then the amount of provisional individual transferable quota or individual transferable quota to be allocated under subsection (1) must be determined in accordance with subsection (1)(b). 2: If an appeal has been lodged in respect of a person's provisional catch history and that person is eligible to receive quota for that stock, then the quota allocated to that person shall be provisional individual transferable quota. 3: Except as provided in subsection (2), the quota allocated shall be individual transferable quota. 4: After the allocation of quota under subsection (1), the chief executive shall notify the Registrar of Quota, in respect of each person eligible to receive quota, of the amount of individual transferable quota, or provisional individual transferable quota, as the case may be, the chief executive has allocated to that person. 5: The provisional catch history— a: held by every person who is allocated individual transferable quota under subsection (1); and b: registered in that person's name on the date of allocation— shall, on and from that date, be conclusive and shall be permanently fixed for all purposes. 6: Any quota allocated under this section shall take effect on and from the first day of the fishing year in which that stock becomes a quota management stock. Section 47(1) amended 1 October 2004 section 19(1)(a) Fisheries Amendment Act (No 3) 2004 Section 47(1) amended 1 October 2004 section 19(1)(b) Fisheries Amendment Act (No 3) 2004 Section 47(1) amended 1 July 2000 section 9 Fisheries Amendment Act 2000 Section 47(1A) inserted 1 October 2004 section 19(2) Fisheries Amendment Act (No 3) 2004 48: Notification of allocation of quota 1: At any time after the allocation of quota under section 47 Te Ohu Kai Moana Trustee Limited a: the total allowable catch for that stock; and b: the total allowable commercial catch for that stock; and c: the number of quota shares in that stock that has been allocated to that person; and d: the quota weight equivalent of 1 quota share for that stock. 2: Section 48(1) amended 29 November 2004 section 214 Maori Fisheries Act 2004 Section 48(2) repealed 1 October 2004 section 20 Fisheries Amendment Act (No 3) 2004 49: Unallocated total allowable commercial catch to be held by Crown 1: Immediately after quota is allocated under section 44 section 47 a: in the form of provisional individual transferable quota; or b: if no appeals under section 51 2: After the allocation of quota under subsection (1), the chief executive shall notify the Registrar of Quota of the amount of individual transferable quota, or provisional individual transferable quota, as the case may be, allocated to the Crown. 3: Quota allocated to the Crown under subsection (1)(a) shall be held as unencumbered provisional individual transferable quota until all disputes of a kind referred to in subsection (1)(b) and 4: When any quota for a Chatham Islands quota management area, created in accordance with section 19 Section 49 amended 23 June 1998 section 13 Fisheries (Remedial Issues) Amendment Act 1998 Section 49(1)(b) substituted 1 October 2004 section 21 Fisheries Amendment Act (No 3) 2004 Section 49(3) amended 23 June 1998 section 13 Fisheries (Remedial Issues) Amendment Act 1998 49A: Surrender of quota to Crown Any owner of quota who does not also hold any fishing permit, high seas fishing permit, licence, vessel registration, or approval under this Act may, if the quota is not subject to any caveat, mortgage, or other interest registered on the quota register (other than a settlement quota interest) Section 49A inserted 1 October 2004 section 22 Fisheries Amendment Act (No 3) 2004 Section 49A amended 29 November 2004 section 214 Maori Fisheries Act 2004 50: Rights of Crown in relation to quota 1: Without limiting any other provision of this Act, the chief executive may, on behalf of the Crown,— a: purchase any individual transferable quota or provisional catch history: b: hold any quota allocated or acquired, or any provisional catch history, without being obliged to offer it to any person: c: transfer any individual transferable quota or provisional catch history held by or on behalf of the Crown: d: cancel any provisional catch history held by the Crown (and notify the Registrar accordingly). 1A: Despite subsection (1), if settlement quota is held by the Crown as a result of forfeiture under this Act, the chief executive must, as soon as practicable after the date of forfeiture, endeavour to sell the quota to Te Ohu Kai Moana Trustee Limited or to 1 or more mandated iwi organisations in accordance with sections 161 163 1B: If, within 18 months of the date of forfeiture, all of the settlement quota referred to in subsection (1A) has not been sold by the Crown in accordance with sections 161 163 1C: If settlement quota is transferred by the chief executive under subsection (1B), Te Ohu Kai Moana Trustee Limited must pay to the Crown a sum equivalent to the total of the cost recovery levies paid by the Crown in respect of the settlement quota for the period that the quota was held by the Crown. 2: Subject to this Act, if unencumbered quota or interests in quota are owned by or on behalf of the Crown, the Crown shall have all the rights and obligations that would be enjoyed by any owner of such quota or interest in quota other than the Crown. 1983 No 14 s 28U(1), (3) 1989 No 159 s 65 1992 No 121 s 27 Section 50(1) substituted 1 October 2001 section 14 Fisheries (Remedial Issues) Amendment Act 1998 Section 50(1) substituted 1 October 2001 section 14 Fisheries (Remedial Issues) Amendment Act 1998 Section 50(1A) inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 50(1B) inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 50(1C) inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Special provisions relating to allocation of quota for certain Schedule 4 stocks Heading repealed 1 October 2004 section 23(1) Fisheries Amendment Act (No 3) 2004 50A: Notification of allocation of provisional catch history Section 50A repealed 1 October 2004 section 23(1) Fisheries Amendment Act (No 3) 2004 50B: Allocation of quota on basis of provisional catch history Section 50B repealed 1 October 2004 section 23(1) Fisheries Amendment Act (No 3) 2004 50C: Notification of allocation of quota Section 50C repealed 1 October 2004 section 23(1) Fisheries Amendment Act (No 3) 2004 50D: Quota holders may offer individual transferable quota to the Crown Section 50D repealed 1 October 2004 section 23(1) Fisheries Amendment Act (No 3) 2004 50E: Chief executive to determine whether more than 80 000 000 quota shares held by other quota owners Section 50E repealed 1 October 2004 section 23(1) Fisheries Amendment Act (No 3) 2004 50F: Crown acquisition of quota where more than 80 000 000 quota shares held by other quota owners Section 50F repealed 1 October 2004 section 23(1) Fisheries Amendment Act (No 3) 2004 50G: Compensation for reduction of quota Section 50G repealed 1 October 2004 section 23(1) Fisheries Amendment Act (No 3) 2004 Appeals 51: Rights of appeal 1: Any person, including the chief executive, may, subject to subsection (3) and on or before the date specified for the purpose in the relevant notice under section 36 a: b: in any i: a decision of the chief executive to the effect that the person is or is not eligible to receive provisional catch history under section 32(1)(a) or high seas fishing permit (or authorisation referred to in section 45(a)(i) ii: a decision of the chief executive to the effect that the person has, or does not have, eligible catch in the qualifying year or years entitling the person to be allocated provisional catch history; or iii: a decision of the chief executive as to the quantum of eligible catch reported in any eligible returns made by any person eligible to receive provisional catch history, on the ground that— A: the information on the relevant returns held by the chief executive has been incorrectly recorded by the chief executive; or B: the chief executive has excluded fish, aquatic life, or seaweed that was lawfully taken and lawfully reported in eligible returns from the person's eligible catch; or iv: a decision of the chief executive to the effect that the person is or is not eligible to be allocated quota under paragraph (b)(i) or paragraph (b)(ii)(A) of section 35(1) or high seas fishing permit (or authorisation referred to in section 45(a)(i) section 18 v: an allocation of provisional catch history that is different from the amount to which the person is entitled under section 34 2: Any person notified by the chief executive under section 36(1)(c)(ii) section 32(1)(b) a: apply to the High Court for a declaration as to whether that person is, or is not, an overseas person; and b: appeal to the Committee against the chief executive's decision and any other relevant action referred to in subsection (1). 3: Any appeal lodged under this section shall be in the approved form and shall be available to the public once received by the Committee, but the Committee may— a: delete information that it considers commercially sensitive: b: make copies of the appeal available on payment of a reasonable charge. Section 51(1) amended 1 October 2004 section 24(1)(a) Fisheries Amendment Act (No 3) 2004 Section 51(1)(a) repealed 1 October 2004 section 24(1)(b) Fisheries Amendment Act (No 3) 2004 Section 51(1)(b) amended 1 October 2004 section 24(1)(c) Fisheries Amendment Act (No 3) 2004 Section 51(1)(b)(i) amended 1 October 2004 section 24(1)(d) Fisheries Amendment Act (No 3) 2004 Section 51(1)(b)(iv) amended 1 October 2004 section 24(1)(d) Fisheries Amendment Act (No 3) 2004 Section 51(2) amended 1 October 2004 section 24(2)(a) Fisheries Amendment Act (No 3) 2004 Section 51(2) amended 1 October 2004 section 24(2)(b) Fisheries Amendment Act (No 3) 2004 52: Effect of decision to alter provisional catch history 1: The chief executive a: the Catch History Review Committee releases a decision; or b: any court on review of any decision of the Committee makes an order in respect of any appeal,— c: adjust the entry in the appropriate register for the provisional catch history of the person concerned in such manner as may be necessary to give full effect to the decision or to the order. 2: Except as provided in subsection (3), subsection (1) does not require the chief executive 3: Subject to section 54 a: transfer the person's provisional individual transferable quota for the relevant stock (if any) to the Crown, and that transferred quota shall be held as unencumbered provisional individual transferable quota; and b: calculate, in the manner set out in section 53 c: either,— i: if the Crown has sufficient unencumbered provisional individual transferable quota to satisfy the person's entitlement to individual transferable quota for the stock, transfer to the person in the form of individual transferable quota such amount of its own provisional individual transferable quota as is sufficient to satisfy that entitlement; or ii: if the Crown does not have sufficient unencumbered provisional individual transferable quota to satisfy the person's entitlement to individual transferable quota for the stock, deduct from all d: if any appeals result in persons being entitled to less individual transferable quota than the amount of provisional individual transferable quota that was transferred to the Crown under paragraph (a) and quota for that stock was allocated under section 47(1)(b) i: calculate, on a pro rata basis, for all persons (other than persons subject to the appeals and Te Ohu Kai Moana Trustee Limited section 47(1)(b) section 53(1) ii: after making the calculation in subparagraph (i), allocate to all persons (other than the persons subject to the appeals and Te Ohu Kai Moana Trustee Limited section 47(1)(b) owned and continue to be registered on the Quota Register as the owner of iii: if any quota remains after allocation under subparagraph (ii) as a result of ineligibility of persons who have not continuously owned and continue to be registered on the Quota Register as the owner of Te Ohu Kai Moana Trustee Limited section 47(1)(b) owned and continue to be registered on the Quota Register as the owner of section 53(1) 4: Subject to section 54 section 47 a: calculate, in the manner set out in section 53 b: either,— i: if the Crown has sufficient unencumbered provisional individual transferable quota to satisfy the person's entitlement to individual transferable quota for the stock, transfer to the person in the form of individual transferable quota such amount of its own provisional individual transferable quota as is sufficient to satisfy that entitlement; or ii: if the Crown does not have sufficient unencumbered provisional individual transferable quota to satisfy the person's entitlement to individual transferable quota for the stock, deduct from all c: 4A: Any quota remaining unallocated under subsection (3)(d) section 49 5: If the provisional catch history of more than 1 person has been adjusted under this section, then, in taking the steps set out in subsection (3) or subsection (4), the chief executive shall (so far as is possible) take those steps simultaneously in respect of all such persons. 6: The provisional catch history of every person whose provisional catch history has been finalised and registered under subsection (1) shall, on and from the date of registration, be conclusive and shall be permanently fixed for all purposes. 7: For the purposes of this section, a person registered as the owner of provisional individual transferable quota by virtue of section 162 Section 52(1) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 52(1)(b) amended 1 October 2004 section 25(1) Fisheries Amendment Act (No 3) 2004 Section 52(1)(c) repealed 1 October 2004 section 25(1) Fisheries Amendment Act (No 3) 2004 Section 52(2) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 52(3)(c)(ii) amended 29 September 2000 section 3(1) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 52(3)(d) substituted 29 September 2000 section 3(2) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 52(3)(d)(i) amended 29 November 2004 section 214 Maori Fisheries Act 2004 Section 52(3)(d)(ii) amended 29 November 2004 section 214 Maori Fisheries Act 2004 Section 52(3)(d)(ii) amended 26 May 2001 section 8(1) Fisheries (Remedial Issues) Amendment Act 2001 Section 52(3)(d)(iii) amended 29 November 2004 section 214 Maori Fisheries Act 2004 Section 52(3)(d)(iii) amended 26 May 2001 section 8(2) Fisheries (Remedial Issues) Amendment Act 2001 Section 52(4) amended 1 October 2004 section 25(2)(a) Fisheries Amendment Act (No 3) 2004 Section 52(4)(b) amended 1 October 2004 section 25(2)(b) Fisheries Amendment Act (No 3) 2004 Section 52(4)(b)(ii) amended 29 September 2000 section 3(3)(a) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 52(4)(c) repealed 1 October 2004 section 25(2)(b) Fisheries Amendment Act (No 3) 2004 Section 52(4A) inserted 29 September 2000 section 3(4) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 52(4A) amended 1 October 2004 section 25(3) Fisheries Amendment Act (No 3) 2004 Section 52(7) added 26 May 2001 section 8(4) Fisheries (Remedial Issues) Amendment Act 2001 53: Calculation of entitlement to quota following appeal 1: Every person entitled to receive a transfer of individual transferable quota under section 52 a: an amount of individual transferable quota for the stock concerned equivalent to the number of shares the person would have received under section 47 b: an amount of shares equal to any shares that would have been transferred by the chief executive under section 22(1) section 47 section 53(1)(a) 2: If— a: any person is entitled to receive a transfer of individual transferable quota under section 52 b: the quota management area for that stock has been altered under section 25 the person is entitled to a transfer of the amount of quota for the new quota management area, calculated in accordance with subsection (1) or subsection (3), as the case may be, section 52 3: Section 53(1) substituted 29 September 2000 section 4 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 53(2) amended 1 July 2000 section 12(1) Fisheries Amendment Act 2000 Section 53(3) repealed 1 October 2004 section 26 Fisheries Amendment Act (No 3) 2004 54: Allocation of quota if proceedings determined late in fishing year 1: If any proceedings to which this Part applies that are before the Catch History Review Committee or any court are determined less than 90 days before the last day of a fishing year,— a: any person who is eligible to receive quota may request the chief executive to transfer individual transferable quota to the person in accordance with section 52 b: any person who is not eligible to receive quota may transfer that person's provisional catch history in accordance with section 37 section 52 2: In any case to which subsection (1) applies, neither the person nor the transferee shall have any right of appeal or review in respect of the proceedings so determined or in respect of the person's eligibility or the quantum of provisional catch history for any stock, and the person's provisional catch history so determined or the transferred provisional catch history shall thereupon be conclusive and shall be permanently fixed for all purposes at the level then recorded in the Quota Register. 3: The chief executive is not obliged to transfer any quota or provisional catch history under subsection (1) if the time allowed for filing an appeal or review has not expired. 55: Determination or order not to affect quota allocated to Te Ohu Kai Moana Trustee Limited None of the following, namely, any— a: determination of the Catch History Review Committee; or b: order of any court, where the order c: transfer of quota by the chief executive for the purposes of giving effect to any such determination or order— shall affect any quota allocated to Te Ohu Kai Moana Trustee Limited section 44 (or part of such quota) Te Ohu Kai Moana Trustee Limited Section 55 heading amended 29 November 2004 section 214 Maori Fisheries Act 2004 Section 55 amended 29 November 2004 section 214 Maori Fisheries Act 2004 Section 55 amended 1 October 2000 section 5 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 55(b) amended 1 October 2004 section 27 Fisheries Amendment Act (No 3) 2004 Overseas investment in and aggregation of quota Heading substituted 25 August 2005 section 73 Overseas Investment Act 2005 56: Purpose of overseas investment fishing provisions The purpose of the overseas investment fishing provisions is to acknowledge that it is a privilege for overseas persons to own or control interests in fishing quota by— a: requiring overseas investments in fishing quota, before being made, to meet criteria for consent; and b: imposing conditions on those overseas investments. Section 56 substituted 25 August 2005 section 73 Overseas Investment Act 2005 57: Overview of overseas investment fishing provisions 1: The general scheme and effect of the provisions governing overseas investments in fishing quota are as follows: a: their interpretation is covered by section 57A Part 1 b: when consent is required and the criteria for consent are stated in sections 57B to 57I c: the procedure for obtaining consent and imposing conditions of consent is set out in subpart 2 d: who administers those provisions is set out in section 57J subpart 3 e: the regulator's information-gathering subpart 4 f: enforcement matters, including offences, penalties, and the court's powers to make orders for effective enforcement, are set out in subpart 5 sections 57K to 58B g: regulations may be made under subpart 6 2: This section is a guide only to the general scheme and effect of those provisions. Section 57 substituted 25 August 2005 section 73 Overseas Investment Act 2005 Section 57(1)(e) amended 22 October 2018 section 50(2) Overseas Investment Amendment Act 2018 57A: Interpretation of overseas investment fishing provisions 1: In sections 56 to 58B interest in fishing quota a: provisional catch history, quota, or annual catch entitlement; or b: an interest in that provisional catch history, quota, or annual catch entitlement overseas investment fishing provisions sections 56 to 58B overseas investment in fishing quota section 57D relevant Ministers 2: In relation to the overseas investment fishing provisions,— a: the Overseas Investment Act 2005 this Act b: any term or expression that is defined in the Overseas Investment Act 2005 c: a term or expression that is defined in this Act and that is used in those provisions (and is not defined in the Overseas Investment Act 2005 Section 57A replaced 25 August 2005 section 73 Overseas Investment Act 2005 Section 57A(2)(b) replaced 16 June 2020 section 60 Overseas Investment (Urgent Measures) Amendment Act 2020 57B: Consent required for overseas investments in fishing quota A transaction requires consent under the overseas investment fishing provisions if it will result in an overseas investment in fishing quota. Section 57B inserted 25 August 2005 section 73 Overseas Investment Act 2005 57C: Consent must be obtained before overseas investment given effect 1: Consent must be obtained for a transaction before the overseas investment is given effect under the transaction. 2: The procedure for obtaining consent (including who must obtain consent) is set out in subpart 2 Section 57C inserted 25 August 2005 section 73 Overseas Investment Act 2005 57D: What are overseas investments in fishing quota An overseas investment in fishing quota a: an interest in fishing quota; or b: rights or interests in securities of a person ( A section 12(1)(b)(i) to (iii) Section 57D inserted 25 August 2005 section 73 Overseas Investment Act 2005 Section 57D(b) replaced 16 June 2020 section 61 Overseas Investment (Urgent Measures) Amendment Act 2020 57E: Approach to criteria for consent 1: The relevant Ministers, in considering whether or not to grant consent to an overseas investment transaction under the overseas investment fishing provisions,— a: must have regard to only the criteria and factors that apply under the overseas investment fishing provisions (subject to this section); and b: may consult with any other person or persons, as the Ministers consider appropriate; and c: must grant consent if satisfied that all of the criteria in section 57G d: must decline to grant consent if not satisfied that all of the criteria in section 57G 2: For a transaction that is in more than 1 category of overseas investment under this Act and the Overseas Investment Act 2005 3: However, if the criteria are the same, the relevant Ministers only need to consider the same criteria once (and not consider them under each relevant category). Section 57E inserted 25 August 2005 section 73 Overseas Investment Act 2005 57F: Who are relevant overseas persons, and individuals with control, for overseas investments 1: The relevant Ministers may determine which 1 or more of the following persons is the relevant overseas person a: the person making the overseas investment ( A b: any associate of A in relation to the overseas investment. 2: The relevant Ministers may determine which 1 or more of the following categories of persons are the individuals with control of the relevant overseas person a: the individual or individuals who each have a more than 25% b: the member or members of the governing body of the relevant overseas person: c: the individual or body of individuals who the Ministers consider to have that control (whether directly or indirectly). Section 57F inserted 25 August 2005 section 73 Overseas Investment Act 2005 Section 57F(2)(a) amended 16 June 2020 section 62 Overseas Investment (Urgent Measures) Amendment Act 2020 57G: Criteria for overseas investments in fishing quota The criteria for an overseas investment in fishing quota are all of the following: a: the investor test is met: b: the overseas investment will, or is likely to, benefit New Zealand (or any part of it or group of New Zealanders) to the extent required by section 16A(1A) section 57H c: if the overseas investment in fishing quota is a transaction of national interest, the Minister has not declined consent to the transaction ( see section 20C d: the interest in fishing quota is capable of being registered in the Quota Register or the Annual Catch Entitlement Register. Section 57G replaced 24 November 2021 section 38 Overseas Investment Amendment Act 2021 57H: Factors for determining whether or not overseas investment in fishing quota will, or is likely to, benefit New Zealand What are the factors 1: The factors for assessing the benefit of overseas investments in fishing quota are whether the overseas investment will, or is likely to,— a: result in economic benefits for New Zealand (for example, the creation and retention of jobs, introduction of technology or business skills, increased export receipts, increased processing in New Zealand of fish, aquatic life, or seaweed, or a reduced risk of illiquid assets): b: result in benefits to the natural environment (for example, protection of indigenous fish or mitigation of environmental impacts by innovations in fishing technologies): c: give effect to or advance a significant Government policy: d: involve oversight of, or participation in, the overseas investment and any relevant overseas person by persons who are not overseas persons: e: result in other consequential benefits to New Zealand. How factors must be considered 2: Section 17(2) Section 57H replaced 24 November 2021 section 38 Overseas Investment Amendment Act 2021 57I: Applying good character and Immigration Act 2009 Section 57I repealed 22 March 2021 section 63(4) Overseas Investment (Urgent Measures) Amendment Act 2020 57J: Who administers overseas investment fishing provisions The regulator as defined in section 30 sections 57K to 58B Section 57J inserted 25 August 2005 section 73 Overseas Investment Act 2005 57K: No person in breach becomes entitled to provisional catch history An overseas person that does not obtain consent when required under the overseas investment fishing provisions has no entitlement to be allocated provisional catch history, and any provisional catch history allocated must be cancelled by the chief executive. Section 57K inserted 25 August 2005 section 73 Overseas Investment Act 2005 58: Interest in fishing quota that is overseas investment in fishing quota to be forfeit 1: This section applies if the chief executive believes on reasonable grounds that a person ( A 2: The chief executive— a: may direct that a caveat be registered in the appropriate register under Part 8 b: must give A a written notice of forfeiture that complies with subsection (3). 3: A notice of forfeiture must— a: state that the interest in fishing quota that has been obtained without consent under the overseas investment fishing provisions will be forfeited to the Crown without compensation unless A applies to the High Court for a declaration as to whether A is an overseas person; and b: state the period, which must not be less than 60 clear days after the notice is given, for A to make the application. 4: A caveat that is directed to be registered under subsection (2)(a) must remain on the register until removed by direction of the chief executive or order of the court pursuant to an application by A for a declaration under subsection (3)(a). 5: If A fails to apply for a declaration within the time stipulated in the notice, the relevant interest in fishing quota is forfeit to the Crown without compensation at the end of that period. Section 58 substituted 25 August 2005 section 73 Overseas Investment Act 2005 58A: Powers of court on application for declaration under section 58 1: This section applies if, on an application for a declaration by a person ( A section 58(3)(a) 2: In that case, the court may also order— a: that the relevant interest in fishing quota be forfeit to the Crown without compensation; or b: the disposal by A of the relevant interest in fishing quota within a specified period that,— i: in the case of provisional catch history or provisional individual transferable quota, is not more than 60 working days after the date on which any individual transferable quota is allocated for that provisional catch history or provisional individual transferable quota: ii: in any other case, is not more than 60 working days after the order. Section 58A inserted 25 August 2005 section 73 Overseas Investment Act 2005 58B: Interest in fishing quota forfeited under section 58 or section 58A must be dealt with in accordance with section 62 An interest in fishing quota that is forfeited under section 58 section 58A section 62 Section 58B inserted 25 August 2005 section 73 Overseas Investment Act 2005 59: Aggregation limits 1: Notwithstanding the provisions of this Act relating to the transfer of quota, no person shall be entitled to own— a: a number of quota shares for any one species the total quota weight equivalent of which is more than 45% of the combined total allowable commercial catches for every stock of that species (which species shall be a species named in Schedule 5 b: more than 10 000 000 quota shares (10% of the total allowable commercial catch) for spiny rock lobster in any one quota management area: c: more than 20 000 000 quota shares (20% of the total allowable commercial catch) for paua in any one quota management area: d: in the case of bluenose ( Hyperoglyphe antarctica e: in any other case, a number of quota shares for any one species the total quota weight equivalent of which is more than 35% of the combined total allowable commercial catches for every stock of that species. 2: Subject to subsection (5), nothing in subsection (1) prevents any person being allocated more than the permitted number of quota shares; but, except as may be permitted by any consent granted under section 60 3: Nothing in subsection (1) prevents any person, after an alteration of a quota management area under section 25 section 60 4: Nothing in subsection (1) prevents any person who has quota shares transferred to that person under section 22 section 23 section 52 section 60 5: If any person acquires any provisional catch history other than by allocation for any stock, the person is not entitled to be allocated any quota in respect of that provisional catch history to the extent that the allocation of such quota would result in the person being in breach of this section, and such provisional catch history shall be cancelled. 6: 6A: For the purposes of subsection (1)(e) and section 60(1)(c) a: 980 Foveaux Strait dredge oysters (or such other number as may be fixed by the Minister under section 188(5) section 3A(6) b: the total allowable commercial catch for Foveaux Strait dredge oysters and the quota weight equivalent of quota shares held by any person for Foveaux Strait dredge oysters are to be calculated in kilogrammes accordingly before being aggregated with the relevant weight-related figures in respect of the other dredge oyster stock. 7: The Governor-General may, by Order in Council made on the recommendation of the Minister, following consultation with such persons or organisations who are representative of those classes of persons the Minister considers have an interest in this section, add the name of any new species to, or delete the name of any existing species from, Schedule 5 ( see 8: Subsection (1) does not apply to the Chatham Islands Enterprise Trust , Te Ohu Kai Moana Trustee Limited, 8A: Subsection (1) does not prevent a person from owning the following quota, in addition to quota owned by that person immediately before the commencement of the Maori Fisheries Act 2004 a: settlement quota, whether it was acquired by allocation under the Maori Fisheries Act 2004 or by purchase, exchange, or otherwise; or b: quota purchased under a right of first refusal under any enactment; or c: in the case of Aotearoa Fisheries Limited or its subcompanies— i: quota transferred to it under section 75 ii: quota purchased after the commencement of the Maori Fisheries Act 2004 d: in the case of an asset-holding company of a mandated iwi organisation or a subsidiary of an asset-holding company, quota purchased after the commencement of the Maori Fisheries Act 2004 i: section 28W(3) ii: section 60 9: 10: For the purposes of this section and sections 60(4) 61 person a: any person who is in partnership with the person: b: any person who is a director or employee of any company of which the person is a director or employee: c: any person who is a relative of the person as defined in paragraph (c) of the definition of that term, as it was before the enactment of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 section YA 1 d: any person who would be an associated person under subpart YB Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 section YA 1 e: any beneficiary or trustee of any trust of which the person is a trustee or beneficiary. 10A: For the purposes of subsection (10)(b) and (e), a person is not a person referred to in that subsection solely because the person is— a: in the case of subsection (10)(b), a director of Te Ohu Kai Moana Trustee Limited, Te Putea Whakatupu Trustee Limited, or Te Wai Maori Trustee Limited; or b: in the case of subsection (10)(e), a beneficiary, director, trustee, or officeholder, as the case may be, of— i: Te Ohu Kai Moana, Te Putea Whakatupu Trust, or Te Wai Maori Trust; or ii: a mandated iwi organisation or an asset-holding company; or iii: any trust of which the settlor is Aotearoa Fisheries Limited or a subcompany. 11: Despite subsection (10),— a: Te Ohu Kai Moana Trustee Limited b: no person is to be regarded as being included with any other person merely because either or both of those persons would be included with Te Ohu Kai Moana Trustee Limited c: no bank registered under the Banking (Prudential Supervision) Act 1989 d: no person is to be regarded as included with any other person solely because they are both beneficiaries of the same trust. 12: An order under subsection (7) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 59(6) repealed 1 October 2001 section 9(1) Fisheries Amendment Act 2001 Section 59(7) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 59(6A) inserted 1 April 1998 section 4 Fisheries (Foveaux Strait Dredge Oyster Fishery) Amendment Act 1998 Section 59(8) amended 29 November 2004 section 214 Maori Fisheries Act 2004 Section 59(8A) inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 59(9) repealed 1 October 2001 section 9(1) Fisheries Amendment Act 2001 Section 59(10) added 1 October 2001 section 9(2) Fisheries Amendment Act 2001 Section 59(10)(c) amended 1 April 2010 section 861 Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 Section 59(10)(c) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 59(10)(d) substituted 1 April 2010 section 861 Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 Section 59(10A) inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 59(11) added 1 October 2001 section 9(2) Fisheries Amendment Act 2001 Section 59(11)(a) amended 29 November 2004 section 214 Maori Fisheries Act 2004 Section 59(11)(b) amended 29 November 2004 section 214 Maori Fisheries Act 2004 Section 59(11)(c) amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 Section 59(12) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 60: Minister may consent to persons holding quota in excess of aggregation limits 1: Notwithstanding section 59 Gazette a: in the case of spiny rock lobster, up to a specified number of quota shares exceeding 10 000 000 for any one quota management area: b: in the case of paua, up to a specified number of quota shares exceeding 20 000 000 for any one quota management area: c: in any other case, quota shares for any one species having a combined quota weight equivalent less than or equal to a specified percentage of the combined total allowable commercial catches for all stocks of that species (which percentage is greater than the percentage specified in section 59(1) 2: Any consent under subsection (1) may be given subject to such conditions as the Minister may impose, including any limit on the number of quota shares for any particular stock, and may be given for any specified year or years or generally. 3: The Minister shall, in considering whether to grant any consent under subsection (1), consider— a: the willingness and ability of other members of the New Zealand fishing industry to acquire quota of the relevant species: b: the likely effect of the granting or withholding of the consent on— i: the development of any new or existing stock or species: ii: other quota owners or commercial fishers: iii: the processing and marketing of that stock or species: iv: the ability of the applicant to take any other stock or species: v: the efficiency of the New Zealand fishing industry or any person engaged in the New Zealand fishing industry: c: such other matters as the Minister considers relevant. 4: The Minister shall not grant any consent under subsection (1) in any case if quota shares have been acquired by any person (within the meaning of section 59(10) and (11) Section 60(4) amended 1 October 2001 section 10 Fisheries Amendment Act 2001 61: Quota held in excess of aggregation limits to be forfeit 1: If the chief executive believes on reasonable grounds that any person has acquired any quota in breach of section 59 section 60 a: may direct that a caveat be registered in the appropriate register under Part 8 b: shall notify in writing the owner that quota acquired in breach of section 59 section 60 2: Any caveat directed to be registered under subsection (1)(a) shall remain on the register until removed by direction of the chief executive or order of a court pursuant to any proceedings referred to in subsection (1)(b). 3: If any person whose quota has been caveated under subsection (1) fails to apply to the High Court under that subsection or the High Court declares the quota to have been acquired in breach of section 59 section 60 4: Any quota forfeit to the Crown under subsection (3) shall be dealt with in accordance with section 62 5: In this section, person section 59(10) and (11) 1983 No 14 s 28W 1990 No 29 s 23 1991 No 149 s 17 1992 No 121 s 28 Section 61(5) substituted 1 October 2001 section 11 Fisheries Amendment Act 2001 62: Provisions relating to forfeit property 1: In this section, unless the context otherwise requires,— forfeit property a: quota or interest in quota; or b: annual catch entitlement or interest in an annual catch entitlement; or c: provisional catch history or interest in provisional catch history— forfeit to the Crown under section 58 section 58A section 61 interest a: any interest that was recorded on any register kept under this Act at the time the forfeiture occurred: b: any other legal or equitable interest in that forfeit property that existed at the time the forfeiture occurred. 2: The chief executive shall, within 10 working days after the date of any forfeiture under section 58 section 58A section 61 3: Any person claiming an interest in any forfeit property may, within 35 working days after the date on which the forfeiture occurred or within such further period before the property has been disposed of as the court may allow 4: Every application under subsection (3) shall contain sufficient information to identify the interest and the property in which it is claimed, and shall include— a: a full description of the forfeit property in which the interest is claimed; and b: full details of the interest or interests claimed, including,— i: whether the interest is legal or equitable; and ii: whether the interest is by way of security or otherwise; and iii: if the interest is by way of security, details of the security arrangement and any other property included in that arrangement; and iv: whether the interest is noted on any register maintained pursuant to statute; and v: any other interests in the property known to the applicant; and c: a statement as to whether the applicant is an associated person of section 59 section 60 d: the applicant's estimate of both the value of the forfeit property and the value of the claimed interest. 5: The court shall hear all applications in respect of the same property together, unless it considers that it would not be in the interests of justice to do so. 6: The court shall, in respect of every application made under subsection (3),— a: determine the value of the forfeit property, which value shall be the amount the property would realise if sold at public auction in New Zealand; and b: determine the nature, extent, and, if possible, value of any applicant's interest in the property; and c: determine whether, in the case of quota that was owned by an associated person before being forfeit under section 61 d: determine the cost to the Ministry of the holding, and the anticipated cost of disposal, of the forfeit property, including the court proceedings in respect of that holding and disposal. 7: Having a: the purpose of this Act (including the purpose of the overseas investment fishing provisions stated in section 56 section 59 b: the social and economic effects on the person who owned the property or quota, and on persons employed by that person, of non-release of the property or quota; and c: the economic benefits that accrued or might have accrued to the owners of the property or quota through the commission of the offence; and d: the cost to the Ministry of the holding, and the anticipated cost of disposal, of the forfeit property, including the court proceedings in respect of that holding and disposal,— make an order or orders providing relief (either in whole or in part) from the effect of forfeiture on any of the interests determined under subsection (6). 8: No order shall be made under subsection (7) unless— a: it is necessary to avoid manifest injustice; and b: the court is satisfied that, in the case of an order made in respect of an application made by an associated person relating to forfeit quota, the interest was not created solely or principally for the purpose of avoiding or defeating the consequences of the application of this Act in respect of forfeiture. 9: 10: 11: Without limiting subsection (7), any order under that subsection may include 1 or more of the following orders: a: for the retention of the forfeit property by the Crown: b: for the return of some or all of the forfeit property to the owner at the time of forfeiture, with or without the prior payment to the Crown of a sum of money: c: for the sale of some or all of the forfeit property, with directions as to the manner of sale and dispersal of proceeds: d: for the delivery of some or all of the forfeit property to a person with an interest in the property, with or without directions as to payment of a sum of money to specified persons (including the Crown) prior to such delivery: e: for the reinstatement (notwithstanding the forfeiture) of any interest that was forfeit or cancelled as a result of a forfeiture. 12: This section does not require the Crown to pay, or secure the payment of, any sum of money to any person claiming an interest in forfeit property, other than the net proceeds of sale of forfeit property under a court order made under subsection (7). 13: For the purpose of assisting the court in determining any application for relief, the chief executive and any employee or agent of the Ministry is entitled to appear before the court and be heard. 14: Any forfeiture under section 58 section 58A section 61 (but see section 42(3) 15: In this section, associated person section 59(10) 1983 No 14 s 107C 1990 No 29 s 52(1) Section 62(1) forfeit property amended 25 August 2005 section 75 Overseas Investment Act 2005 Section 62(2) amended 25 August 2005 section 75 Overseas Investment Act 2005 Section 62(3) amended 1 October 1999 section 21(a) Fisheries Act 1996 Amendment Act 1999 Section 62(4)(c) amended 1 October 2001 section 12(1) Fisheries Amendment Act 2001 Section 62(7) amended 1 October 1999 section 21(b) Fisheries Act 1996 Amendment Act 1999 Section 62(7)(a) amended 25 August 2005 section 75 Overseas Investment Act 2005 Section 62(9) repealed 1 October 1999 section 21(c) Fisheries Act 1996 Amendment Act 1999 Section 62(10) repealed 1 October 1999 section 21(c) Fisheries Act 1996 Amendment Act 1999 Section 62(14) amended 25 August 2005 section 75 Overseas Investment Act 2005 Section 62(15) added 1 October 2001 section 12(2) Fisheries Amendment Act 2001 Order of transactions Heading substituted 1 October 2001 section 22 Fisheries Act 1996 Amendment Act 1999 63: Order of transactions If any regulations made under section 297(1)(sa) Section 63 substituted 1 October 2001 section 22 Fisheries Act 1996 Amendment Act 1999 64: Order of transactions on first day of new fishing year Section 64 repealed 1 October 2001 section 22 Fisheries Act 1996 Amendment Act 1999 Generation of annual catch entitlement 65: Characteristics of annual catch entitlement Section 65 repealed 9 September 1999 section 85(b) Fisheries Act 1996 Amendment Act 1999 66: Generation of annual catch entitlement at beginning of new fishing year 1: On the first day of each fishing year, quota shall generate annual catch entitlement. 2: The chief executive shall, in respect of each quota management stock, calculate as at the first day of each fishing year the amount of annual catch entitlement that would be generated by the amount of quota owned by each quota owner, in accordance with the following formula: (a ÷ 100 000 000) × b = c where— a is the number of quota shares held by the quota owner; and b is the total allowable commercial catch (expressed in kilogrammes); and c is the amount (expressed in kilogrammes) of annual catch entitlement that would be generated by the amount of quota owned by each quota owner. 3: Any annual catch entitlement calculated under subsection (2) shall be rounded up or rounded down by the chief executive to ensure that— a: the sum of all annual catch entitlements equals the applicable total allowable commercial catch for the stock; and b: only whole kilogrammes of annual catch entitlement are generated. 67: Allocation of annual catch entitlement 1: On the first day of each fishing year, the chief executive must allocate to each quota owner the person's annual catch entitlement for any quota management stock that has been generated under section 66 2: 2A: 2B: If between the beginning of a fishing year and the beginning of the Foveaux Strait dredge oyster season in that year there is an increase in the total allowable commercial catch for Foveaux Strait dredge oysters,— a: the chief executive must calculate the amount of annual catch entitlement that each person would have received under subsection (1) if the altered total allowable commercial catch had been in effect at the beginning of the fishing year, and an annual catch entitlement had been generated under section 66 b: the chief executive must, on or before the first day of the Foveaux Strait dredge oyster season, allocate to each person who receives an amount of annual catch entitlement under subsection (1) for Foveaux Strait dredge oysters a further amount of annual catch entitlement for that stock calculated in accordance with the following formula: a – b = c where— a is the amount calculated under paragraph (a) in respect of the person; and b is the amount of annual catch entitlement allocated to the person under subsection (1); and c is the amount of annual catch entitlement to be allocated under this subsection. 3: 4: 5: Any annual catch entitlement calculated under this section shall be rounded up or rounded down by the chief executive to ensure that no quota owner holds part of a kilogramme of annual catch entitlement as a result of an allocation. 6: Any 7: The chief executive shall, as soon as practicable after allocating any annual catch entitlement in accordance with this section, notify every quota owner of the amount of annual catch entitlement allocated to that quota owner under this section. 8: The chief executive shall, as soon as practicable after allocating any annual catch entitlement in accordance with this section, notify the relevant Registrar of Annual Catch Entitlement of the amount of annual catch entitlement allocated to each quota owner. Section 67(1) substituted 1 October 2001 section 23(1) Fisheries Act 1996 Amendment Act 1999 Section 67(2) repealed 1 October 2001 section 23(2) Fisheries Act 1996 Amendment Act 1999 Section 67(2A) repealed 1 October 2001 section 23(2) Fisheries Act 1996 Amendment Act 1999 Section 67(2B) substituted 1 October 2001 section 23(3) Fisheries Act 1996 Amendment Act 1999 Section 67(3) repealed 1 October 2001 section 23(2) Fisheries Act 1996 Amendment Act 1999 Section 67(4) repealed 1 October 2001 section 23(2) Fisheries Act 1996 Amendment Act 1999 Section 67(6) amended 1 October 2001 section 23(4) Fisheries Act 1996 Amendment Act 1999 67A: Allocation of additional annual catch entitlement in case of underfishing 1: As soon as practicable after the 15th day after the end of the fishing year for each stock ( the first fishing year a: the annual catch entitlement for that stock (other than annual catch entitlement created under section 68 b: the reported catch (if any) for that stock, calculated in accordance with regulations made for that purpose under section 297 2: If the amount of annual catch entitlement referred to in subsection (1)(a) is greater than the reported catch referred to in subsection (1)(b), the chief executive must— a: calculate the difference between that annual catch entitlement and that reported catch; and b: subject to subsection (5), allocate to the person an amount of annual catch entitlement for the stock for the fishing year after the first fishing year ( the second fishing year i: the amount calculated under paragraph (a): ii: 10% of the amount of annual catch entitlement referred to in subsection (1)(a). 3: This section does not apply to— a: a stock listed in Schedule 5A b: a stock for which the total allowable commercial catch at the beginning of the second fishing year is less than the total allowable commercial catch applying at the close of the first fishing year. 4: The chief executive must allocate annual catch entitlement under this section as soon as practicable after the 15th day after the end of the first fishing year. 5: The amount of annual catch entitlement allocated under subsection (2) must be rounded up or rounded down by the chief executive to the nearest kilogramme or, in the case of Foveaux Strait dredge oysters, to the nearest whole number of oysters. 6: Any annual catch entitlement allocated under subsection (2)— a: is in addition to any annual catch entitlement generated under section 66 section 68 b: has effect for all purposes under this Act on and from the date of the allocation. 7: The chief executive must, as soon as practicable after allocating any annual catch entitlement under subsection (2),— a: notify every person to whom annual catch entitlement has been allocated under this section of the amount of annual catch entitlement allocated to that person; and b: ensure that the amount of annual catch entitlement allocated is registered on the Annual Catch Entitlement Register. Section 67A inserted 1 October 2001 section 24 Fisheries Act 1996 Amendment Act 1999 67B: Amendments to Schedule 5A 1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister, amend Schedule 5A a: adding 1 or more stocks to that schedule: b: omitting 1 or more stocks from that schedule. 2: An Order in Council made under subsection (1) takes effect on and from the first day of the next fishing year for the stocks concerned. 3: Before recommending the making of an Order in Council under subsection (1), the Minister must consult with such persons or organisations as the Minister considers are representative of those classes of persons having an interest in the stocks subject to the order. 4: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 67B inserted 1 October 2000 section 24 Fisheries Act 1996 Amendment Act 1999 Section 67B(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 68: Minister to create additional annual catch entitlement if total allowable catch increased during fishing year 1: If— a: the total allowable catch in respect of any stock is increased during a fishing year in accordance with section 13(7) section 14(6) b: the Minister believes that, after considering the matters referred to in section 21(1) section 20(4) the Minister shall create an additional amount of annual catch entitlement for the stock that equals the amount by which he or she would have increased the total allowable commercial catch. 2: Subject to subsections (2A), (2B), and (3) (a ÷ 100 000 000) × b = c where— a is the number of quota shares held by the quota owner on the date the increase in the total allowable catch takes effect; and b is the amount (expressed in kilogrammes) of annual catch entitlement created by the Minister under subsection (1); and c is the amount (expressed in kilogrammes) of annual catch entitlement to be allocated under this section to the quota owner. 2A: Where— a: an increase in the total allowable catch for a highly migratory species is a result of an agreement, consistent with the rules or procedures established by the relevant international fisheries organisation, between New Zealand and another member of the international fisheries organisation; and b: the Minister is satisfied that the basis for the increase in the total allowable catch justifies a different allocation mechanism,— the Minister may determine how the additional annual catch entitlement is to be allocated in a manner different to that specified in subsection (2), taking into account the nature and basis of the agreement between New Zealand and the other member of the international fisheries organisation. 2B: The chief executive must allocate the additional catch entitlement in accordance with any determination of the Minister under subsection (2A). 3: Any annual catch entitlement calculated under subsection (2) or subsections (2A) and (2B) a: the sum of all annual catch entitlements allocated under this section equals the amount of the increase that would have been made to the total allowable commercial catch but for section 20(4) b: no quota owner holds part of a kilogramme of annual catch entitlement consequent upon such allocation. 4: The chief executive shall, after any rounding under subsection (3), notify every quota owner of the amount of annual catch entitlement allocated to that quota owner under this section. 5: Any annual catch entitlement so allocated shall have effect on and from the date of allocation and shall have the same characteristics as any annual catch entitlement allocated under section 67 6: The chief executive shall, as soon as practicable after allocating annual catch entitlements in accordance with this section, notify the relevant Registrar of Annual Catch Entitlement of the amount of annual catch entitlement allocated to each quota owner. Section 68(2) amended 1 October 2004 section 28(1) Fisheries Amendment Act (No 3) 2004 Section 68(2A) inserted 1 October 2004 section 28(2) Fisheries Amendment Act (No 3) 2004 Section 68(2B) inserted 1 October 2004 section 28(2) Fisheries Amendment Act (No 3) 2004 Section 68(3) amended 1 October 2004 section 28(3) Fisheries Amendment Act (No 3) 2004 Annual catch entitlement required before fishing 69: Catch must be covered by annual catch entitlement Section 69 repealed 9 September 1999 section 85(c) Fisheries Act 1996 Amendment Act 1999 70: Defences applicable to certain stock Section 70 repealed 9 September 1999 section 85(c) Fisheries Act 1996 Amendment Act 1999 71: Defences applicable to individual fishers Section 71 repealed 9 September 1999 section 85(c) Fisheries Act 1996 Amendment Act 1999 72: Dumping of fish prohibited 1: A commercial fisher must not return to or abandon in the sea or any other waters any fish or other animal that is aquatic life that is subject to the quota management system, except as provided in subsection (2) or (3) 2: A commercial fisher who takes any fish or other animal that is aquatic life subject to the quota management system must, if required by an instrument made under section 72A(2)(c) a: immediately return it to, or abandon it in, the sea or waters from which it was taken; and b: comply with the conditions and requirements (if any) specified in that instrument. 3: A commercial fisher who takes any fish or other animal that is aquatic life subject to the quota management system may return it to, or abandon it in, the sea or waters from which it was taken if— a: the return is permitted by an instrument made under section 72A(2)(a) or (b) b: they comply with the conditions and requirements (if any) specified in that instrument. 4: Every person commits an offence and is liable to the applicable penalty imposed by section 252(3A), (5)(ba), or (5A) a: in contravention of subsection (1) section 72A(2)(c) i: 50 or fewer fish or other animals that are aquatic life in any 24-hour period; or ii: more than 50 fish or other animals that are aquatic life in any 24-hour period; or b: in contravention of subsection (2)(a) i: 50 or fewer fish or other animals that are aquatic life in any 24-hour period; or ii: more than 50 fish or other animals that are aquatic life in any 24-hour period; or c: in contravention of subsection (2)(b) i: 50 or fewer fish or other animals that are aquatic life in any 24-hour period; or ii: more than 50 fish or other animals that are aquatic life in any 24-hour period; or d: in contravention of subsection (3)(b) i: 50 or fewer fish or other animals that are aquatic life in any 24-hour period; or ii: more than 50 fish or other animals that are aquatic life in any 24-hour period. 5: Without limiting the application of section 241 a: the return was a return of parts of fish, aquatic life, or seaweed lawfully processed on a vessel; or b: the fish, aquatic life, or seaweed was returned or abandoned to ensure the safety of the vessel or any crew member; or ba: the commercial fisher believed on reasonable grounds that the return or abandonment of the fish or other animal that is aquatic life was necessary to ensure the safety of— i: a marine mammal (as defined in section 2(1) ii: fish of the species of Chordata Schedule 7A iii: any other protected species specified by the Minister in an instrument made under this paragraph. c: the following provisions were complied with, namely,— i: a fishery officer or observer was present when the fish, aquatic life, or seaweed was taken; and ii: the fishery officer or observer authorised the return or abandonment of the fish, aquatic life, or seaweed; and iii: the commercial fisher returned or abandoned the fish, aquatic life, or seaweed under the supervision of the fishery officer or observer, and complied with any directions of the fishery officer or observer; and iv: the amount of fish, aquatic life, or seaweed was included in the returns for the appropriate period that are required to be made by the commercial fisher under this Act. 6: Any fish, aquatic life, or seaweed returned or abandoned in accordance with subsection (5)(c) shall be included in the commercial fisher's reported catch for the purposes of section 76 7: In proceedings for an offence relating to a contravention of subsection (4) a: the prosecutor need not assert in the charging document that the exceptions set out in subsection (2) or (3) subsection (5)(ba) b: the burden of proving that any of the exceptions set out in subsection (2) or (3) subsection (5)(ba) 8: An instrument made under subsection (5)(ba)(iii) see Part 3 1983 No 14 s 28ZB 1990 No 29 s 27(1) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (8). Legislation Act 2019 requirements for secondary legislation referred to in subsection (8) Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 ss 69 73 74(1)(aa) Presentation The Minister must present it to the House of Representatives, unless it is excluded by section 114(2) LA19 s 114 Disallowance It may be disallowed by the House of Representatives, unless it is excluded by section 115 LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 72(1) replaced 1 November 2022 section 5(1) Fisheries Amendment Act 2022 Section 72(2) replaced 1 November 2022 section 5(1) Fisheries Amendment Act 2022 Section 72(3) replaced 1 November 2022 section 5(1) Fisheries Amendment Act 2022 Section 72(4) replaced 1 November 2022 section 5(1) Fisheries Amendment Act 2022 Section 72(5)(ba) inserted 1 November 2022 section 5(2) Fisheries Amendment Act 2022 Section 72(7) replaced 1 November 2022 section 5(3) Fisheries Amendment Act 2022 Section 72(8) replaced 1 November 2022 section 5(3) Fisheries Amendment Act 2022 72A: Minister may require or permit fish or other animal that is aquatic life to be returned or abandoned 1: The Minister may make instruments for the purposes of section 72(2) or (3) 2: An instrument made under this section may— a: permit a stock or species to be returned to or abandoned in the sea or other waters from which it was taken if the Minister is satisfied that the stock or species has an acceptable likelihood of survival if returned or abandoned in the manner specified by the instrument; or b: permit a stock or species to be returned to or abandoned in the sea or other waters from which it was taken if the Minister is satisfied that the stock or species— i: would damage other stocks or species taken by the commercial fisher if retained (for example, an ammoniating species); or ii: is damaged as a result of unavoidable circumstances (for example, diseased or predated fish); or c: require a stock or species to be returned to or abandoned in the sea or other waters from which it was taken if the Minister is satisfied that the return or abandonment is for a biological, a fisheries management, or an ecosystem purpose and the stock or species has an acceptable likelihood of survival if returned or abandoned in the manner specified by the instrument. 3: In considering the acceptable likelihood of survival of a stock or species under subsection (2)(a) a: the sustainability of the stock or species; and b: the method by which the stock or species is taken; and c: the handling practices for the stock or species taken; and d: the social, cultural, and economic factors that the Minister considers relevant. 4: The instrument may also— a: provide that it applies to the stocks or species, or classes of stocks or species, specified in the instrument by reference to size, weight, or other physical characteristics: b: provide that it applies in relation to— i: the fishing methods, the use of fishing gear, or in the circumstances specified in the instrument; or ii: the classes of fishing methods, fishing gear, or circumstances specified in the instrument: c: impose conditions and requirements that the Minister considers appropriate. 5: An instrument made under this section may be amended, replaced, or revoked. 6: Before making, amending, replacing, or revoking an instrument under this section, the Minister must consult any persons or organisations that the Minister considers are representative of the classes of persons having an interest in the proposed action. 7: The decision to make an instrument under this section must be notified in the Gazette 8: An instrument made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (7). Legislation Act 2019 requirements for secondary legislation referred to in subsection (7) Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 ss 69 73 74(1)(aa) Presentation The Minister must present it to the House of Representatives, unless it is excluded by section 114(2) LA19 s 114 Disallowance It may be disallowed by the House of Representatives, unless it is excluded by section 115 LA19 ss 115 116 This note is not part of the Act. Section 72A inserted 1 November 2022 section 6 Fisheries Amendment Act 2022 73: Offence to transfer used annual catch entitlement Section 73 repealed 9 September 1999 section 85(d) Fisheries Act 1996 Amendment Act 1999 74: Minimum holdings of annual catch entitlement 1: No commercial fisher may take any stock listed in Schedule 8 2: If,— a: following the allocation of quota under section 44 section 47 section 52 b: following a reduction in the total allowable commercial catch, the amount of quota owned by a commercial fisher, as at the beginning of the fishing year in which the reduction takes effect c: following an alteration of a quota management area under section 25 section 26 d: following an increase in the amount of annual catch entitlement required to be held by virtue of an Order in Council under subsection (7), the amount of relevant quota owned by a commercial fisher, as at the beginning of the fishing year in which the increase takes effect, does not generate an annual catch entitlement sufficient to satisfy that requirement; or e: following a deduction of quota shares from any person by the chief executive under section 52 then the requirements of subsection (1) shall apply as if the minimum amount of annual catch entitlement required to be held was the amount of annual catch entitlement actually generated by the commercial fisher's relevant quota, and the commercial fisher may continue to take stock in each fishing year under the authority of the lesser amount of annual catch entitlement held by the commercial fisher unless the commercial fisher, in any particular fishing year, transfers any annual catch entitlement and thereby reduces the commercial fisher's annual catch entitlement holding for that fishing year to an amount lower than the holding generated by the commercial fisher's quota at the commencement of that year 2A: As soon as is reasonably practicable after Te Ohu Kai Moana Trustee Limited has notified the chief executive of the entities that it has approved under section 34 2B: In the case of a quota holding that includes settlement quota, if the annual catch entitlement from that quota is transferred in full to a commercial fisher that is registered as an approved entity under subsection (2A), the annual catch entitlement must be treated as if it were not less than the minimum amount required under subsection (1). 3: Subsection (2) does not apply to a commercial fisher referred to in paragraph (b) or paragraph (c) 4: If any commercial fisher is or becomes subject to subsection (2), that subsection shall continue to apply for only so long as the commercial fisher does not sell any of the relevant quota, however obtained. 5: If any commercial fisher is or becomes subject to subsection (2) and the commercial fisher subsequently purchases any relevant quota, the requirements of subsection (1) apply on and from the commencement of the next fishing year 6: 7: Subject to subsections (8) and (9), the Governor-General may from time to time, by Order in Council ( see Schedule 8 a: adding 1 or more stocks to that schedule: b: omitting 1 or more stocks from that schedule: c: specifying a minimum holding of annual catch entitlement for any stocks being added to that schedule: d: increasing or reducing a minimum holding of annual catch entitlement for any stocks listed in that schedule. 8: An Order in Council made under subsection (7) takes effect on the commencement of the following fishing year for the stocks concerned. 9: No Order in Council may be made under subsection (7) except on the recommendation of the Minister following consultation by the Minister with such persons or organisations as the Minister considers are representative of those classes of persons having an interest in the stocks subject to the order. 9A: The Minister may make a recommendation under subsection (9)— a: on the Minister's own initiative; or b: on request by quota owners who hold in the aggregate at least 75 000 000 quota shares in that stock. 9B: A request under subsection (9A)(b) must— a: specify the concerns (if any) of the quota owners who do not support the proposal; and b: specify what arrangements are in place to address those concerns. 10: 11: 12: If a person contravenes subsection (1) or subsection (2), the person commits an offence and is liable to the penalty set out in section 252(5) 13: An order under subsection (7)— a: is secondary legislation ( see Part 3 b: must be confirmed by an Act ( see subpart 3 1983 No 14 s 28S 1991 No 149 s 15 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 74(1) substituted 1 October 2001 section 25(1) Fisheries Act 1996 Amendment Act 1999 Section 74(2) amended 1 October 2001 section 13(2) Fisheries Amendment Act 2001 Section 74(2)(b) amended 1 October 2001 section 13(1) Fisheries Amendment Act 2001 Section 74(2A) inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 74(2B) inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 74(3) amended 1 October 2001 section 25(2) Fisheries Act 1996 Amendment Act 1999 Section 74(5) amended 1 October 2001 section 9 Fisheries (Remedial Issues) Amendment Act 2001 Section 74(6) repealed 1 October 2001 section 25(3) Fisheries Act 1996 Amendment Act 1999 Section 74(7) substituted 1 October 2001 section 25(4) Fisheries Act 1996 Amendment Act 1999 Section 74(7) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 74(8) substituted 1 October 2001 section 25(4) Fisheries Act 1996 Amendment Act 1999 Section 74(9) substituted 1 October 2001 section 25(4) Fisheries Act 1996 Amendment Act 1999 Section 74(9A) inserted 1 October 2001 section 25(4) Fisheries Act 1996 Amendment Act 1999 Section 74(9B) inserted 1 October 2001 section 25(4) Fisheries Act 1996 Amendment Act 1999 Section 74(10) repealed 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015 Section 74(11) repealed 1 October 2001 section 25(3) Fisheries Act 1996 Amendment Act 1999 Section 74(12) substituted 1 October 2001 section 25(5) Fisheries Act 1996 Amendment Act 1999 Section 74(13) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 74A: Orders under section 74(7) are confirmable instruments Section 74A repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Deemed values 75: Minister to set deemed value rates 1: For each quota management stock, the Minister must, by notice in the Gazette unless 2: In setting an interim deemed value rate or an annual deemed value rate, the Minister— a: must take into account the need to provide an incentive for every commercial fisher to acquire or maintain sufficient annual catch entitlement in respect of each fishing year that is not less than the total catch of that stock taken by that commercial fisher; and b: may have regard to— i: the desirability of commercial fishers landing catch for which they do not have annual catch entitlement; and ii: the market value of the annual catch entitlement for the stock; and iii: the market value of the stock; and iv: the economic benefits obtained by the most efficient commercial fisher, licensed fish receiver, retailer, or any other person from the taking, processing, or sale of the fish, aquatic life, or seaweed, or of any other fish, aquatic life, or seaweed that is commonly taken in association with the fish, aquatic life, or seaweed; and v: the extent to which catch of that stock has exceeded or is likely to exceed the total allowable commercial catch for the stock in any year; and vi: any other matters that the Minister considers relevant. 3: The Minister must set annual deemed value rates for a stock that are greater than interim deemed value rates set for that stock. 4: The Minister may set different annual deemed value rates in respect of the same stock which apply to different levels of catch in excess of annual catch entitlement. 5: The Minister may set an interim deemed value rate and an annual deemed value rate in respect of fish, aquatic life, or seaweed landed and received by a licensed fish receiver in the Chatham Islands that is different from the deemed value rate set in respect of fish, aquatic life, or seaweed of the same stock landed and received by a licensed fish receiver elsewhere. 6: The Minister must not— a: have regard to the personal circumstances of any individual or class of person liable to pay the deemed value of any fish, aquatic life, or seaweed; or b: set separate deemed value rates in individual cases— when setting an interim deemed value rate or an annual deemed value rate. 7: Any interim or annual deemed value rate set under this section may be varied by the Minister in the same manner, and any rate set or varied under this section takes effect on the first day of the next fishing year for the stock concerned. Section 75 substituted 1 May 2001 section 26 Fisheries Act 1996 Amendment Act 1999 Section 75(1) amended 1 October 2004 section 29 Fisheries Amendment Act (No 3) 2004 75A: Requirement to consult in relation to deemed values Before setting any interim deemed value rate or annual deemed value rate under section 75 Section 75A inserted 1 May 2001 section 26 Fisheries Act 1996 Amendment Act 1999 75B: Limitation period for challenges to deemed values 1: A court must not hear or determine, and no person may make or commence, an application or other proceeding in respect of a decision or purported decision of the Minister to set an interim deemed value rate or an annual deemed value rate unless the application is, or the proceedings are, made or commenced within 3 months after the date on which the decision, or purported decision, is notified in the Gazette 2: This section applies despite any other enactment or rule of law. Section 75B inserted 1 May 2001 section 26 Fisheries Act 1996 Amendment Act 1999 76: Catch to be counted against annual catch entitlement 1: In this section and sections 76A 78 79 80 commercial fisher a: held a fishing permit or a high seas fishing permit; or b: was a person using a New Zealand ship who, in the judgment of the chief executive, held a valid authority to fish against New Zealand's national allocation of highly migratory species in the national fisheries jurisdiction of a foreign country. 1A: As soon as practicable after the 15th day of each month (other than the first month) of every fishing year, the chief executive must, in accordance with regulations made for that purpose under section 297 a: compare— i: the annual catch entitlement for each stock (if any) for the fishing year owned by that commercial fisher as at the close of the 15th day of that month; and ii: the reported catch for that stock (in kilogrammes) calculated in accordance with regulations made for that purpose under section 297 b: calculate, in respect of each stock, whether that commercial fisher's annual catch entitlement referred to in paragraph (a)(i) exceeds that commercial fisher's reported catch referred to in paragraph (a)(ii). 1B: As soon as practicable after the 15th day after the end of the fishing year for each stock, the chief executive must, in accordance with regulations made for that purpose under section 297 a: compare— i: the annual catch entitlement for each stock (if any) for the relevant fishing year owned by that commercial fisher as at the close of the 15th day after the end of the fishing year; and ii: the reported catch for that stock (in kilogrammes), calculated in accordance with regulations made for that purpose under section 297 b: calculate, in respect of each stock, whether that commercial fisher's annual catch entitlement referred to in paragraph (a)(i) exceeds that commercial fisher's reported catch referred to in paragraph (a)(ii). 2: Following the calculation referred to in subsection (1A) interim section 297 2A: Subject to subsection (2B), following the calculation referred to in subsection (1B), the chief executive must calculate the amount of annual deemed value (if any) that is to be demanded from the commercial fisher in accordance with regulations made for the purpose under section 297 2B: In calculating the amount of annual deemed value to be demanded from a commercial fisher, the chief executive must credit the commercial fisher with interim deemed value amounts demanded in respect of the relevant stock in the relevant fishing year (other than demanded amounts that have been remitted under subsection (2)). 2C: For the sole purpose of determining an appropriate annual deemed value under this section, if a fisher to whom subsection (1B) applies holds no annual catch entitlement for a stock in respect of which the Minister has set different deemed value rates under section 75(4) 3: A demand for an amount of interim a: payment of the sum of money so demanded; or b: acquiring, for the relevant fishing year and within the time limit specified in section 134 c: d: any combination of those options. 3A: A demand for an amount of annual deemed value made by the chief executive under this section must be satisfied by payment of the sum of money so demanded. 4: Every person who is liable to satisfy any deemed value amount demanded under this section is required to satisfy the demand whether or not an offence has been committed against this Act. 5: All deemed value amounts are to be satisfied within 20 days after the demand is made and, if being satisfied by payment of money, the amount is payable to the chief executive and shall be held by the Crown on trust for the commercial fisher until the trust ends in accordance with this section or the deemed value amount is remitted to the commercial fisher. 6: Any deemed value amount paid to the chief executive under this section in respect of fish, aquatic life, or seaweed taken in any fishing year shall cease to be held on trust and become the property of the Crown on the later of— a: the close of the 15th day of the third month after the end of the fishing year; or ab: 5 working days after the chief executive gives written notice to a commercial fisher under section 76A(6) b: 5 working days after the final determination of any request for a review by a commercial fisher of a notification under section 80 7: Notwithstanding section 69 1983 No 14 s 28ZA(4) 1990 No 29 s 26(1) Section 76(1) substituted 1 October 2004 section 30 Fisheries Amendment Act (No 3) 2004 Section 76(1) amended 20 April 2010 section 4(1) Fisheries Amendment Act 2010 Section 76(1A) inserted 1 October 2001 section 27(1) Fisheries Act 1996 Amendment Act 1999 Section 76(1B) inserted 1 October 2001 section 27(1) Fisheries Act 1996 Amendment Act 1999 Section 76(2) amended 1 October 2001 section 27(2)(a) Fisheries Act 1996 Amendment Act 1999 Section 76(2) amended 1 October 2001 section 27(2)(b) Fisheries Act 1996 Amendment Act 1999 Section 76(2A) inserted 1 October 2001 section 27(3) Fisheries Act 1996 Amendment Act 1999 Section 76(2B) inserted 1 October 2001 section 27(3) Fisheries Act 1996 Amendment Act 1999 Section 76(2C) inserted 1 October 2001 section 27(3) Fisheries Act 1996 Amendment Act 1999 Section 76(3) amended 1 October 2001 section 27(4)(a) Fisheries Act 1996 Amendment Act 1999 Section 76(3)(b) amended 1 October 2001 section 27(4)(b) Fisheries Act 1996 Amendment Act 1999 Section 76(3)(c) repealed 1 October 2001 section 27(4)(c) Fisheries Act 1996 Amendment Act 1999 Section 76(3A) inserted 1 October 2001 section 27(5) Fisheries Act 1996 Amendment Act 1999 Section 76(6)(ab) inserted 20 April 2010 section 4(2) Fisheries Amendment Act 2010 76A: Application for catch balancing relief 1: In this section and section 76B close of registration original owner specific amount 2: A commercial fisher may, at any time before the close of the 15th day of the third month after the end of a fishing year, apply to the chief executive for catch balancing relief for any amount of annual catch entitlement for a stock for the fishing year. 3: The chief executive may grant an applicant catch balancing relief for any specific amount of annual catch entitlement that is equal to or less than the amount for which the applicant applied. 4: The chief executive may grant catch balancing relief for a specific amount of annual catch entitlement only if he or she is satisfied that— a: the applicant has received written notice from the chief executive that, at the close of registration, the applicant's reported catch for the stock for the fishing year exceeded the applicant’s annual catch entitlement for the stock for the fishing year by at least the specific amount; and b: at the close of registration, the original owner owned at least the specific amount of annual catch entitlement; and c: either— i: the applicant believed on reasonable grounds that at least the specific amount of annual catch entitlement had been transferred to the applicant before the close of registration; or ii: at least the specific amount of annual catch entitlement would have been transferred to, or owned by, the applicant before the close of registration, if not for a mistake made by the applicant or any other person; and d: at the close of registration, the original owner's annual catch entitlement for the stock for the fishing year exceeded the original owner's reported catch for the stock for the fishing year by at least the specific amount; and e: the original owner has consented in writing to the applicant being treated as the owner of at least the specific amount of annual catch entitlement on and from the close of registration; and f: it would be unjust to refuse to grant the applicant catch balancing relief for the specific amount of annual catch entitlement; and g: if an amount of additional annual catch entitlement has been allocated to the original owner under section 67A 5: In considering whether to grant an applicant catch balancing relief, the chief executive may request and consider any information that he or she thinks relevant, such as— a: information about transfers of annual catch entitlement to or from the applicant or the original owner, or about other transactions involving the applicant or the original owner: b: information about the applicant’s usual arrangements for acquiring annual catch entitlement to balance the applicant's reported catch: c: any submissions by the applicant that it would be unjust to refuse catch balancing relief. 6: The chief executive must give written notice, to the applicant and the original owner, of the chief executive's decision to grant or refuse catch balancing relief. 7: Any deemed value amount demanded by the chief executive that may be affected by an application for catch balancing relief remains payable despite the application having been made. Section 76A inserted 20 April 2010 section 5 Fisheries Amendment Act 2010 76B: Effect of granting catch balancing relief 1: If the chief executive decides to grant an applicant catch balancing relief for a specific amount of annual catch entitlement under section 76A a: recalculate the annual deemed value amount (if any) for which the applicant is liable, by performing the comparison and calculations referred to in section 76(1B) and (2A) b: include in the written notice given to the applicant under section 76A(6) c: remit to the applicant the difference between the annual deemed value amount previously calculated and the amount recalculated under paragraph (a). 2: For the purpose of section 79(1) a: any reduction in the annual deemed value amount owed by an applicant that results from the recalculation under subsection (1)(a) takes effect on the date that written notice of the recalculated amount is given under subsection (1)(b); and b: if a fishing permit ceases to be suspended because of the recalculation, the suspension ends no earlier than the date the written notice of the recalculated amount is given. Section 76B inserted 20 April 2010 section 5 Fisheries Amendment Act 2010 77: Over-fishing thresholds 1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister,— a: specify quota management stocks to which over-fishing thresholds apply: b: set over-fishing thresholds for those stocks: c: specify, for each of those stocks, whether a tolerance level applies and, if so, specify the tolerance level. 2: An over-fishing threshold for a stock— a: is a specified percentage in excess of the annual catch entitlement held by a commercial fisher for the stock to which it relates: b: takes effect on the first day of the fishing year that commences next after the relevant order under subsection (1) is made. 3: An order made under subsection (1) may set different over-fishing thresholds for different stocks. 4: A tolerance level for a stock— a: is a specified amount or an amount calculated in accordance with a formula set out in the order: b: takes effect on the first day of the fishing year that commences next after the relevant order under subsection (1) is made. 5: An order made under subsection (1) may set different tolerance levels for different stocks. 6: Before making a recommendation under subsection (1), the Minister must consult with such persons or organisations as the Minister considers are representative of those classes of persons having an interest in the over-fishing thresholds to which the recommendation relates. 7: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 77 substituted 1 August 2001 section 28(1) Fisheries Act 1996 Amendment Act 1999 Section 77(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 77A: Matters to be taken into account when recommending over-fishing thresholds Before making a recommendation under section 77(1) a: the effectiveness of deemed values in encouraging commercial fishers to acquire or maintain sufficient annual catch entitlement to cover their total catch; and b: the particular need, in relation to target stocks, to encourage commercial fishers to acquire or maintain sufficient annual catch entitlement to cover their total catch; and c: actual or potential risks to the sustainability of the stock; and d: any other matters that the Minister considers relevant. Section 77A inserted 1 August 2001 section 28(1) Fisheries Act 1996 Amendment Act 1999 78: Catch in excess of over-fishing thresholds 1: This section applies where, following the calculation referred to in section 76(1A) a: a commercial fisher's reported catch for a stock exceeds the commercial fisher's annual catch entitlement for the stock; and b: that excess is equal to or greater than the over-fishing threshold for the stock, and, where a tolerance level applies to the stock, is greater than that tolerance level. 2: In such a case the current fishing permit of the commercial fisher and of any person included with the commercial fisher under subsection (11) 3: The condition takes effect as from the close of the month in which the calculation referred to in section 76(1A) 4: The chief executive must— a: notify the imposition of the condition under subsection (2) to the commercial fisher concerned and any included person of whom the chief executive is aware; and b: record on the Permit Register details of the imposition of the condition,— but any delay or failure to give that notification or make that record does not affect the imposition of the condition. 5: A commercial fisher who has requested a review under section 80(2) the District Court 6: Despite subsection (2), the chief executive may— a: approve the taking of fish, aquatic life, or seaweed in an area by a person who would otherwise be subject to the condition imposed by subsection (2); and b: impose as part of the approval any conditions that he or she considers necessary to reduce the risk of the person taking the stock for which the over-fishing threshold was exceeded. 7: Conditions imposed under subsection (6) may relate to stocks, area, quantities, methods, the use or non-use of vessels, the specific vessel or types of vessels that may be used, and types and amounts of fishing gear, or otherwise. 8: No person may take any fish, aquatic life, or seaweed in contravention of a condition imposed by subsection (2) unless— a: the person has obtained the prior approval of the chief executive to take fish, aquatic life, or seaweed in that area; and b: the taking is in accordance with any conditions imposed by the chief executive. 9: Conditions imposed by subsection (2) or under subsection (6) cease to apply— a: when the commercial fisher referred to in subsection (1) owns an amount of annual catch entitlement for the stock equal to or greater than the commercial fisher's total reported catch of that stock in the fishing year; or b: at the close of the relevant fishing year,— whichever happens first. 10: If a person takes any fish, aquatic life, or seaweed in contravention of any conditions imposed by subsection (2) or under subsection (6), the person commits an offence and is liable to the penalty set out in section 252(3) 11: For the purposes of subsection (2), a person or entity is to be treated as a person included with the commercial fisher if the person or entity is— a: a subsidiary of the commercial fisher within the meaning of section 5 b: a company of which the commercial fisher is a subsidiary within the meaning of section 5 c: a partnership or unincorporated joint venture that would be a subsidiary of the commercial fisher, or of which the commercial fisher would be a subsidiary, if the partnership or joint venture were incorporated as a company with shareholdings corresponding to the interests, including returns, of the partners in the partnership or participants in the joint venture. 12: Despite subsection (11),— a: Te Ohu Kai Moana Trustee Limited, a mandated iwi organisation, or members of an iwi, are not to be regarded as being included with any other person, whether or not that person is a mandated iwi organisation, merely because any of them has the status of being— i: a beneficiary or income shareholder of Aotearoa Fisheries Limited; or ii: a beneficiary of— A: Te Putea Whakatupu Trust; or B: Te Wai Maori Trust; or C: Te Ohu Kai Moana; and ab: Aotearoa Fisheries Limited is not to be regarded as being included with any other person merely because the other person holds, or benefits from, income shares in Aotearoa Fisheries Limited; and b: no person is regarded as being included with another person merely because either or both of those persons would be included with Te Ohu Kai Moana Trustee Limited c: no bank registered under the Banking (Prudential Supervision) Act 1989 Section 78 substituted 1 October 2001 section 14(1) Fisheries Amendment Act 2001 Section 78(2) amended 1 October 2004 section 31 Fisheries Amendment Act (No 3) 2004 Section 78(5) amended 1 March 2017 section 261 District Court Act 2016 Section 78(12)(a) substituted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 78(12)(ab) inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 78(12)(b) amended 29 November 2004 section 214 Maori Fisheries Act 2004 Section 78(12)(c) amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 78A: Other persons may be subjected to same conditions as commercial fisher with catch in excess 1: Where a fishing permit of a person ( person A section 78(2) person B a: person B is, in respect of commercial fishing, in substance person A; or b: person B has, in substance, control of the commercial fishing of person A that led to the condition being imposed under section 78(2) c: person B is allowing person A to conduct commercial fishing under person B's permit for the purpose of assisting person A to fish despite the condition treated as being contained in person A's permit. 2: Without limiting subsection (1), in forming the belief referred to in that subsection, the chief executive may have regard to the following matters: a: shareholdings in, debentures over, or directorships of, any company that has an interest (whether direct or indirect) in person B or person A: b: any trust that has a relationship to person B or person A: c: family, domestic, and business relationships between— i: person B and person A; and ii: persons having an interest in person B or person A or in companies or trusts of the kind referred to in paragraph (a) or paragraph (b): d: whether person B is accustomed to following the instructions of person A: e: whether person B is accustomed to acting in a manner consistent with advancing the interests of person A. 3: Whether any of paragraphs (a), (b), and (c) of subsection (1) apply may be determined without regard to the form of the persons or entities comprising persons A and B. 4: The chief executive must— a: give notice to person B of the condition imposed under subsection (1) and a copy of the grounds for imposing the condition as given on oath; and b: record on the Permit Register details of the imposition of the condition. 5: Any condition imposed under subsection (1) takes effect from the date of notification. 6: Subsections (6), (7), (8), and (10) of section 78 7: Any conditions imposed on person B under this section or section 78(6) a: when the commercial fisher referred to in section 78(1) b: at the close of the relevant fishing year,— whichever happens first. 8: If— a: a person ( person B person A section 78(2) b: person B, knowing that the condition exists, conducts commercial fishing that would be a breach of the condition imposed on person A's fishing permit,— then each of person A and person B commits an offence and is liable to the penalty set out in section 252(3) 9: If a person ( person B person A section 78(2) section 252(3) Section 78A inserted 1 October 2001 section 14(1) Fisheries Amendment Act 2001 78B: Removal of conditions on other persons 1: A person who has had a condition imposed on his or her fishing permit under section 78(2) section 78A(1) the District Court 2: In determining an application under subsection (1) totally or partially in favour of the applicant, the District Court may remove or amend the condition either totally or partially and on such sureties or conditions as the court considers appropriate. Section 78B inserted 1 October 2001 section 14(1) Fisheries Amendment Act 2001 Section 78B(1) amended 1 March 2017 section 261 District Court Act 2016 79: Suspension of permit for non-payment of deemed value 1: If the total amount of deemed values owed by any commercial fisher exceeds $1,000 and has not been satisfied within the time limit specified in section 76(5) 1A: 1B: 2: The chief executive must— a: notify every suspension or cessation of suspension of a fishing permit under subsection (1) to the commercial fisher concerned and any included person of whom the chief executive is aware; and b: record on the Permit Register details of any suspension or cessation of suspension of a fishing permit under subsection (1);— but any delay or failure to give that notification or make that record does not affect the suspension or cessation. 2A: 3: A fishing permit suspended under this section does not authorise any person to take any fish, aquatic life, or seaweed under the authority of that permit, but all other provisions of this Act continue to apply as if the fishing permit had not been suspended. 4: A commercial fisher who has requested a review under section 80(2) the District Court 5: For the purposes of subsections (1) and (2), a person or entity is to be treated as a person included with the commercial fisher if the person or entity is— a: a subsidiary of the commercial fisher within the meaning of section 5 b: a company of which the commercial fisher is a subsidiary within the meaning of section 5 c: a partnership or unincorporated joint venture that would be a subsidiary of the commercial fisher, or of which the commercial fisher would be a subsidiary, if the partnership or joint venture were incorporated as a company with shareholdings corresponding to the interests, including returns, of the partners in the partnership or participants in the joint venture. 6: Despite subsection (5),— a: Te Ohu Kai Moana Trustee Limited, a mandated iwi organisation, or members of an iwi are not to be regarded as being included with another person (whether or not that person is a mandated iwi organisation), merely because any of them is— i: a beneficiary or income shareholder of Aotearoa Fisheries Limited; or ii: a beneficiary of— A: Te Ohu Kai Moana: B: Te Putea Whakatupu Trust: C: Te Wai Maori Trust; and b: Aotearoa Fisheries Limited is not to be regarded as being included with another person merely because the other person holds, or benefits from, income shares in Aotearoa Fisheries Limited; and c: no bank registered under the Banking (Prudential Supervision) Act 1989 7: 2021-10-01 Fisheries Act 1996 Repeal of subsections (1A), (1B), (2A), and (7) Section 79 substituted 1 October 2001 section 14(1) Fisheries Amendment Act 2001 Section 79(1A) repealed 1 October 2021 Section 79(1B) repealed 1 October 2021 Section 79(2A) repealed 1 October 2021 Section 79(4) amended 1 March 2017 section 261 District Court Act 2016 Section 79(6)(a) substituted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 79(6)(b) substituted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 79(6)(c) amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 Section 79(7) repealed 1 October 2021 79A: Suspension of fishing permit of other persons 1: Where a fishing permit of a person ( person A section 79(1) person B a: person B is, in respect of commercial fishing, in substance person A; or b: person B has, in substance, control of person A in respect of person A's obligations under any of subsections (3), (3A), and (5) of section 76 c: person B is allowing person A to conduct commercial fishing under person B's permit, for the purpose of assisting person A to fish despite the suspension of person A's fishing permit. 2: Without limiting subsection (1), in forming the belief referred to in that subsection, the chief executive may have regard to the following matters: a: shareholdings in, debentures over, or directorships of, any company that has an interest (whether direct or indirect) in person B or person A: b: any trust that has a relationship to person B or person A: c: family, domestic, and business relationships between— i: person B and person A; and ii: persons having an interest in person B or person A or in companies or trusts of the kind referred to in paragraph (a) or paragraph (b): d: whether person B is accustomed to following the instructions of person A: e: whether person B is accustomed to acting in a manner consistent with advancing the interests of person A. 3: Whether any of paragraphs (a), (b), and (c) of subsection (1) apply may be determined without regard to the form of the persons or entities comprising persons A and B. 4: The chief executive must— a: give notice to person B of the suspension of a fishing permit under subsection (1), and a copy of the grounds of suspension as given on oath; and b: record on the Permit Register details of the suspension under subsection (1). 5: The suspension imposed under subsection (1) takes effect from the date of notification. 6: A fishing permit suspended under this section does not authorise any person to take any fish, aquatic life, or seaweed under the authority of that permit, but all other provisions of this Act continue to apply as if the fishing permit had not been suspended. 7: A suspension of a fishing permit under subsection (1) ceases to be of effect once the total amount of all outstanding deemed values owed by the person who incurred the deemed value liability referred to in section 79(1) 7A: 8: If— a: a person ( person B person A section 79(1) b: person B, knowing of the suspension, is conducting commercial fishing,— then each of person A and person B commits an offence and is liable to the penalty set out in section 252(3) 9: If a person ( person B person A section 79(1) section 252(3) 10: 2021-10-01 Fisheries Act 1996 Repeal of subsections (7A), and (10) Section 79A inserted 1 October 2001 section 14(1) Fisheries Amendment Act 2001 Section 79A(7A) repealed 1 October 2021 Section 79A(10) repealed 1 October 2021 79B: Removal of suspension, or direction to issue permit 1: This section applies to any person— a: whose permit has been suspended under section 79(1) b: whose permit has been suspended under section 79A(1) c: who has been refused a permit under section 91(6)(c) 2: Such a person may apply to the District Court a: direct that the suspension be removed, either permanently or pending the final determination of the application; or b: direct that the permit be issued,— on the grounds that the situation relied upon under section 79(1) and (5) section 79A(1) 3: In determining an application under subsection (1) totally or partially in favour of the applicant, the District Court may— a: remove the suspension either totally or partially: b: direct the removal of the suspension, or the issue of the permit, on such sureties or conditions as the court considers appropriate. Section 79B inserted 1 October 2001 section 14(1) Fisheries Amendment Act 2001 Section 79B(2) amended 1 March 2017 section 261 District Court Act 2016 Conclusive notification Heading substituted 1 October 2001 section 30(3) Fisheries Act 1996 Amendment Act 1999 80: Conclusive notification 1: The chief executive must, for each stock for which a commercial fisher holds an annual catch entitlement or has reported catch, notify the commercial fisher in writing of such matters as are specified for the purpose in any regulations made under section 297 1A: A notification under subsection (1) must be made as soon as practicable after the date specified for the purpose in regulations made under section 297 2: Any commercial fisher who considers that any information supplied in the notification under subsection (1) is incorrect in relation to any matter required to be specified in any notice given under that subsection may, within 20 days after the date specified for the purpose in the notice, request a review of the matters specified in the notification, but no request under this section may be made if the notification is no different from the previous month's notification or if the grounds for such a request relate to the registration or non-registration of a transfer of annual catch entitlement for any reason and in any circumstances. 3: Subsection (2) does not prevent any person making an application under section 164 4: 5: The chief executive shall, if satisfied that a valid request for review has been received and sufficient information has been provided, conduct a review of the notification and, as soon as practicable, determine the matters that are the subject of the review and issue a new notification containing all matters specified in subsection (1) and incorporating the results of that determination. 6: Any commercial fisher who is dissatisfied with any new notification issued by the chief executive under subsection (5) may, within 20 working days after the date specified for the purpose in the notification of the decision, appeal to the District Court a: the appeal shall be commenced by way of an originating application under subpart 2 b: the court— i: shall consider each of the matters to which the appeal relates; and ii: shall make a final determination in respect of each of those matters; and iii: shall direct the chief executive to issue a new and final notification; and iv: may make such orders as to costs and such other orders as it thinks fit. 7: Subject to subsection (6), no decision or purported decision of the chief executive under subsection (5) shall be liable to be challenged, reviewed, quashed, called into question, or be subject to an appeal, but nothing in this subsection shall prevent any appeal in respect of any proceedings under subsection (6). 8: Every notification given under this section is presumed to be conclusive for the purpose of this Act. 9: Any deemed value amount demanded by the chief executive that may be affected by the outcome of any objection under this section shall remain payable and all provisions of this Act shall apply accordingly notwithstanding the objection under this section. 10: Nothing in any notification referred to in subsection (8)— a: prevents the chief executive altering any information in a notification under subsection (1) merely because he or she has accepted any return required under this Act that is given late; or b: shall be conclusive against the Crown in any criminal proceedings. 11: As soon as practicable after the close of the 15th day of each month, the chief executive shall notify the relevant Registrar of Annual Catch Entitlement of— a: the total catch reported by each commercial fisher for the relevant year to the end of each month; and b: any change to any commercial fisher's reported catch as a result of any decision in respect of a request for review made under this section. Section 80 heading amended 1 October 2001 section 30 Fisheries Act 1996 Amendment Act 1999 Section 80(1) substituted 1 October 2001 section 30(1) Fisheries Act 1996 Amendment Act 1999 Section 80(1A) inserted 1 October 2001 section 30(1) Fisheries Act 1996 Amendment Act 1999 Section 80(4) repealed 9 September 1999 section 86 Fisheries Act 1996 Amendment Act 1999 Section 80(6) amended 1 March 2017 section 261 District Court Act 2016 Section 80(6)(a) amended 1 March 2017 section 261 District Court Act 2016 Section 80(8) substituted 1 October 2001 section 30(2) Fisheries Act 1996 Amendment Act 1999 5: Foreign licensed access 81: Calculation of foreign allowable catch 1: The Minister shall from time to time determine— a: the portion of the total allowable commercial catch for a b: the portion of the total catch limit (if any) for any stock not subject to the quota management system (including any highly migratory stock) that may be taken within the exclusive economic zone; and c: the foreign allowable catch for a 2: The foreign allowable catch for any quota management stock shall be the lesser of— a: the portion of the total allowable commercial catch for the time being determined for the stock under subsection (1)(a): b: the Crown's available annual catch entitlement for the stock. 3: For the purposes of subsection (2)(b), the Crown's available annual catch entitlement for a stock is the Crown's holding of annual catch entitlement for the stock that— a: is generated from unencumbered quota held by the Crown; and b: remains unsold after the Crown has offered the annual catch entitlement for sale to persons entitled to own quota. 4: The foreign allowable catch for any stock not subject to the quota management system shall be the lesser of— a: the portion of the total catch limit (if any) for the time being determined under subsection (1)(b): b: a catch that is sustainable after taking into account the total catch limit (if any) for, and the domestic harvesting capacity of, the stock. 5: For the purposes of this section, the term domestic harvesting capacity a: any changes in the harvesting capacity of the domestic commercial fishing fleet due to— i: recent investment in fishing vessels and fishing equipment; and ii: catch trends; and b: non-commercial take and scientific take. 6: If the foreign allowable catch for any quota management stock has been determined under subsection (1)(c) in accordance with subsection (2), the Minister shall set aside an amount of the Crown's holding of annual catch entitlement for the stock that is equivalent to the amount of the foreign allowable catch, and such annual catch entitlement shall not be used for fishing. 7: Nothing in this section applies in relation to any highly migratory species. 1977 No 28 s 12 Section 81(1)(a) amended 1 October 2004 section 32(1) Fisheries Amendment Act (No 3) 2004 Section 81(1)(c) amended 1 October 2004 section 32(1) Fisheries Amendment Act (No 3) 2004 Section 81(3) substituted 1 October 2004 section 32(2) Fisheries Amendment Act (No 3) 2004 Section 81(7) added 1 October 2004 section 32(3) Fisheries Amendment Act (No 3) 2004 82: Apportionment of foreign allowable catch for foreign fishing vessels 1: The Minister may from time to time apportion, among countries other than New Zealand, the foreign allowable catch in respect of any stock (other than any highly migratory species) 2: In making an apportionment under subsection (1), the Minister shall have regard to— a: the degree to which fishing vessels of countries other than New Zealand have engaged in fishing within the exclusive economic zone; and b: the degree to which such countries have co-operated with New Zealand in fisheries research and in the identification of fish stocks within the exclusive economic zone; and c: the degree to which such countries have co-operated with New Zealand in the conservation and management of fisheries resources within the exclusive economic zone, and in the enforcement of New Zealand law relating to such resources; and d: the degree to which such countries have complied with any relevant international obligations; and e: such other matters as the Minister, after consultation with the Minister of Foreign Affairs and Trade, considers to be relevant. 1977 No 28 s 13 Section 82(1) amended 1 October 2004 section 33 Fisheries Amendment Act (No 3) 2004 83: Issue of licences 1: The operator of any foreign fishing vessel who proposes to use that vessel for fishing within the exclusive economic zone may, in the approved form, apply for a licence for that purpose; and— a: the application shall be made to a place Gazette b: the application shall be accompanied by the prescribed fee (if any) and shall contain such information as the Minister may from time to time require by notice in the Gazette 2: The Minister may issue to the operator of any foreign fishing vessel a licence to fish using that vessel within the exclusive economic zone. 2A: In the case of an application to fish for any highly migratory species, the Minister may issue a licence under subsection (2) only if the Minister considers that to do so would be consistent with the optimum utilisation of that species within the exclusive economic zone. 3: Before issuing a licence under this section, the Minister— a: must have regard to the previous offending history (if any), in relation to fishing or transportation (whether within the national fisheries jurisdiction of New Zealand or another country, or on the high seas), of the vessel's owner, operator, master, or crew; and b: may have regard to such other matters as the Minister considers to be relevant. 4: A licence may be issued under this section upon or subject to conditions relating to all or any of the following matters: a: the areas within the exclusive economic zone in which fishing is authorised: b: the seasons, times, and particular voyages during which fishing is authorised: c: the species, size, age, and quantities of fish, aquatic life, or seaweed that may be taken: d: the methods by which fish, aquatic life, or seaweed may be taken: e: the types, size, and amount of fishing gear or equipment that may be used or carried and the modes of storage of that gear or equipment when not in use: f: the use, transfer, transhipment, landing, receiving, and processing of fish, aquatic life, or seaweed taken: g: procedures or requirements, or both, enabling the verification of fish, aquatic life, or seaweed taken or being taken by the vessel, including procedures or restrictions relating to the species of, quantities of, or areas from which, fish, aquatic life, or seaweed are being or have been taken by the vessel: h: entry by the vessel to New Zealand ports, whether for the inspection of its catch or for other purposes: i: the compensation payable to New Zealand citizens or to the Crown in the event of any loss or damage caused by the vessel to other vessels or their gear, equipment or catch, or to pipelines or cables, or to other New Zealand interests: j: reports and information required to be given to the chief executive by the licence holder, including reports and information relating to— i: catch and effort: ii: the positions and activities of the vessel: k: management controls regarding fishing-related mortality of protected species: l: the conduct of specified programmes of fisheries research: m: the display on board the vessel of the licence issued in respect of the vessel: n: the marking of the vessel and other means for its identification: o: the placing of observers on the vessel and the payment of any associated prescribed fees and charges by the licence holder: p: the installation on the vessel and the maintenance of any automatic location communicator or other equipment for the identification and location of the vessel, and of adequate navigational equipment to enable the vessel to fix its position: q: the carriage on board the vessel of specified charts, publications, and instruments: r: such other matters as the Minister considers necessary or expedient for the purpose of this Act or any other enactment or otherwise. 5: The Minister may at any time, by notice in writing to the licence holder,— a: amend or revoke any provision or condition of a licence issued under this section; or b: add new provisions or conditions to any such licence— with effect on and from a date specified in the notice. 6: In exercising powers under this section, the Minister shall ensure that the total catch authorised to be taken from any stock within the exclusive economic zone by vessels licensed under this section that are vessels of a particular country does not exceed that country's apportionment for that stock under section 82 1977 No 28 ss 15 16 17 Section 83(1)(a) amended 1 October 2001 section 15 Fisheries Amendment Act 2001 Section 83(2A) inserted 1 October 2004 section 34 Fisheries Amendment Act (No 3) 2004 Section 83(3)(a) substituted 1 October 2001 section 6 Fisheries Act 1996 Amendment Act (No 2) 1999 84: Licensing offences 1: No person may take any fish, aquatic life, or seaweed within the exclusive economic zone using a foreign fishing vessel except— a: under the authority of— i: a licence issued under section 83 ii: if the vessel is used for the purposes of fisheries research or experimentation (including gear and equipment trials) or recreation, the prior written consent of the Minister; and b: in accordance with any conditions of that licence or consent. 2: Consent under subsection (1)(a)(ii) may be given unconditionally or upon or subject to such conditions, including the payment of fees, as the Minister thinks fit. 3: Every person commits an offence and is liable to the penalty set out in section 252(2) 4: Every person commits an offence and is liable to the penalty set out in section 252(3) 1977 No 28 ss 14 23 Section 84(1) substituted 1 October 2001 section 15 Fisheries (Remedial Issues) Amendment Act 1998 85: Fees, royalties, and charges Every person to whom a licence has been issued under this Part shall pay to the Crown, in such manner as may be prescribed, such fees, royalties, and charges as may be prescribed under section 297 section 299 1977 No 28 s 18 1980 No 146 s 2(1) 86: Suspension and revocation of licences 1: If the Minister is satisfied that— a: an offence against this Act or any other New Zealand law that applies to fishing within New Zealand fisheries waters has been committed by the owner, operator, master, or crew member of a foreign fishing vessel; or b: any licence holder, master, or crew member of a foreign fishing vessel has failed to pay to the Crown, within the time limit set out in section 88(9) the Minister may suspend the licence for such period as he or she shall specify or may revoke the licence. 2: If the Minister, after consultation with the Minister of Foreign Affairs and Trade, considers that it is necessary or expedient to achieve the purpose of this Act or to recognise any international obligation relating to fishing, the Ministry may suspend any licence for such period as he or she shall specify or may revoke any licence. 3: While suspended under this section, a licence does not authorise fishing, but the obligations and conditions imposed by the licence, or imposed by or under this Act in relation to it, shall continue to have effect. 4: Any person may request the Minister to revoke any licence issued to that person, and, upon revocation of that licence under this subsection,— a: the licence holder shall ensure that the licence and any duplicates are surrendered to the Minister; and b: the licence shall cease to have any effect for the purpose of this Act. 5: The Minister may revoke any licence if satisfied that any information or evidence supplied with the application was false or misleading in any material particular, and, upon revocation under this subsection,— a: the licence holder shall ensure that the licence and any duplicates are surrendered to the Minister; and b: the licence shall cease to have any effect for the purpose of this Act. 6: Any revocation of a licence under subsection (5) shall be deemed to have effect on and from the date of issue of the licence; but nothing in that subsection requires the Minister to remit or refund any fees or charges paid or payable in respect of that licence from the date the licence was issued to the date of revocation. 87: Review by courts No exercise or purported exercise by the Minister of any power conferred on the Minister by section 83(6) section 86(2) 1977 No 28 s 21 88: Administrative penalties for fisheries offences 1: This section— a: applies in respect of any offence that carries a penalty of a fine not exceeding $250,000 and is an offence against this Act or against any other New Zealand law that relates to fishing; but b: does not apply in respect of any alleged offence if any charge has been filed 2: If the Minister has reasonable cause to believe that— a: an offence to which this section applies may have been committed by any person in respect of any vessel licensed or required to be licensed under this Part; and b: having regard to all the circumstances relating to the alleged offence it is of a minor nature and, having regard to the previous conduct of the vessel and of the person concerned in New Zealand fisheries waters, it would be appropriate to impose a penalty under this section,— the Minister may cause a notice in writing, in the approved form, to be served on that person. 3: A notice under subsection (2) shall contain— a: the date and nature of the alleged offence; and b: a summary of the facts on which the allegation that an offence has been committed is based (which summary shall be sufficient to fully and fairly inform the person of the allegation against the person); and c: any other matters (other than previous convictions) that the Minister considers relevant to the imposition of a penalty— and shall be endorsed with a statement setting out the provisions of this section. 4: Any person on whom a notice under subsection (2) is served may, within 28 days after the notice is served on the person, by a notice in writing in the approved form served on the chief executive, require that any proceedings in respect of the alleged offence shall be dealt with before a court, in which case the following provisions shall apply: a: no further proceedings shall be taken under this section by the Minister: b: nothing in this section shall be construed to prevent the subsequent filing of any charging document 5: Any person on whom a notice under subsection (2) is served who does not require that any proceedings in respect of the alleged offence be dealt with before a court may, by notice in writing served on the chief executive,— a: admit the offence; and b: make submissions to the Minister as to the matters the person wishes the Minister to take into account in imposing any penalty under this section. 6: If a person on whom a notice under subsection (2) is served does not, within 28 days after the notice is served on the person,— a: require that any proceedings in respect of the alleged offence be dealt with before a court; or b: admit the offence,— the person shall on the expiration of that period be deemed to have admitted the offence. 7: If under this section a person admits or is deemed to have admitted an offence, the Minister may, after taking into account any submissions made by the person under subsection (5), impose on that person a monetary penalty not exceeding one-third of the maximum monetary penalty to which the person would be liable if the person were convicted of the offence by a court. 8: If the Minister imposes a penalty on a person under this section in respect of an offence, the Minister shall cause a notice in writing in the approved form of the particulars of the penalty to be served on the person. 9: A person on whom a penalty is imposed under this section shall pay the amount of the penalty to the Crown within 28 days after the notice of the penalty is served on the person in accordance with subsection (8). 10: Notwithstanding the provisions of subsection (9) or section 86(1) 11: Notwithstanding the provisions of this Act, or any other enactment, where any offence has been admitted or deemed to have been admitted under this section, no charging document may be filed 1977 No 28 s 26 Section 88(1)(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 88(4)(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 88(10) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 88(11) amended 1 July 2013 section 413 Criminal Procedure Act 2011 6: Access to fishery Fishing permits 89: All fishing to be authorised by fishing permit unless specific exemption held 1: No person shall take any fish, aquatic life, or seaweed by any method unless the person does so under the authority of and in accordance with a current fishing permit. 2: Subsection (1) does not apply to the taking of— a: fish, aquatic life, or seaweed by any natural person otherwise than for the purpose of sale and in accordance with any amateur fishing regulations made under, and any other requirements imposed by, this Act; or b: fish, aquatic life, or seaweed by any natural person otherwise than for the purpose of sale and in accordance with any Maori customary non-commercial fishing regulations made under, and any other requirements imposed by, this Act; or c: any seabirds or protected species; or d: any whitebait, sports fish, ornamental fish, or unwanted aquatic life; or e: fish, aquatic life, or seaweed by any person in accordance with an authorisation given under the Marine Reserves Act 1971 f: seaweed of the class Rhodophyceae while it is unattached and cast ashore; or g: samples of fish, aquatic life, or seaweed under the authority of sections 304 312 h: samples of fish, aquatic life, or seaweed under the authority of section 6 of the Meat Act 1981 ha: samples of fish, aquatic life, or seaweed under the authority of Part 7 i: fish, aquatic life, or seaweed under the authority of a foreign fishing vessel licence issued under section 83 j: fish, aquatic life, or seaweed in accordance with a freshwater fish farming licence issued under the Freshwater Fish Farming Regulations 1983 Fisheries Act 1983 2A: Despite subsection (1), a person may take fish, aquatic life, or seaweed of a stock or species listed in Schedule 4C 2B: 3: For the purposes of subsection (1), no person shall take any fish, aquatic life, or seaweed under the authority of a fishing permit unless that person is— a: the holder of that fishing permit; or b: a person who is an employee or agent of the holder of that fishing permit; or c: the master or a member of the crew of a fishing vessel that is registered in the name of the holder of that fishing permit. 4: For the purposes of subsection (1), no person shall take,— a: in the case of a fishing permit that authorises the taking of freshwater eels, any freshwater eel; or b: if the fishing occurs otherwise than from a vessel, any fish, aquatic life, or seaweed— under the authority of a fishing permit unless that person is the holder of that permit or belongs to the class of persons referred to in paragraph (b) or paragraph (c) of subsection (3) and is named in an agreement approved by the chief executive under subsection (5) before the taking occurred. 5: The chief executive may approve an agreement for the purpose of subsection (4) if— a: the agreement is submitted to the chief executive in the approved form and is accompanied by the prescribed fee (if any); and b: the agreement is signed by all persons for whom authority to take under the fishing permit is being sought, and by the holder of the fishing permit; and c: the number of persons for whom authority to take under the fishing permit is being sought does not exceed the total number of persons (if any) permitted in accordance with subsection (8). 6: The chief executive may approve a variation of an agreement approved under subsection (5) that adds or deletes the name of any person to or from the agreement, if— a: the variation is submitted to the chief executive in the approved form and is accompanied by the prescribed fee (if any); and b: the variation is signed by the persons for whom new authority to take under the fishing permit is being sought, and the holder of the fishing permit; and c: the number of persons who will have authority to take under the fishing permit will not exceed the total number of persons (if any) 7: Agreements under subsection (5) and variations under subsection (6) shall not take effect until approved by the chief executive. 8: The chief executive may impose a condition on a fishing permit under section 92(1) 8A: Subsections (4) to (8) do not apply to the taking of freshwater eels that are subject to the quota management system. 9: No person shall at any time hold more than 1 fishing permit. 10: No fishing permit holder may transfer that permit to any other person. 11: 12: Every person commits an offence and is liable to the penalty set out in section 252(3) 1983 No 14 s 62(1), (2) 1986 No 34 s 13(1) Section 89(2)(g) amended 1 March 2016 section 447 Food Act 2014 Section 89(2)(ha) inserted 1 November 1999 section 8(1) Animal Products (Ancillary and Transitional Provisions) Act 1999 Section 89(2A) substituted 1 October 2004 section 35 Fisheries Amendment Act (No 3) 2004 Section 89(2B) repealed 1 October 2004 section 35 Fisheries Amendment Act (No 3) 2004 Section 89(6)(c) amended 1 October 2001 section 31(1) Fisheries Act 1996 Amendment Act 1999 Section 89(8) substituted 1 October 2001 section 31(2) Fisheries Act 1996 Amendment Act 1999 Section 89(8A) inserted 1 October 2001 section 7(1) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 89(11) repealed 1 October 2001 section 7(2) Fisheries Act 1996 Amendment Act (No 2) 1999 89A: Exemption relating to farmed fish and spat catching Section 89(1) a: section 186U b: an exemption granted under section 186Q Section 89A inserted 1 January 2005 section 6 Fisheries Amendment Act (No 3) 2004 89B: Exemption relating to protected customary rights Section 89(1) a: the fish, aquatic life, or seaweed is taken from a site at which fish farming is being undertaken under a protected customary rights order or an agreement b: the fish, aquatic life, or seaweed has been lawfully acquired and transferred to that site and ongrown, or bred or cultivated at that site, in accordance with the protected customary rights order or an agreement Section 89B inserted 1 January 2005 section 6 Fisheries Amendment Act (No 3) 2004 Section 89B heading amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 89B(a) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 89B(b) amended 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 90: Application for fishing permit Section 90 repealed 9 September 1999 section 85(e) Fisheries Act 1996 Amendment Act 1999 91: Issue of fishing permit 1: Subject to subsections (2) to (6) and to sections 93 93A 2: A fishing permit may, but is not required to, be issued to any person who owes the Crown any levy payable under Part 14 3: A fishing permit authorises the taking of— a: any stocks that are subject to the quota management system; and b: any stocks or species that are neither subject to the quota management system nor listed in Schedule 4C c: any stocks or species listed in Schedule 4C that are listed on a fishing permit held by the commercial fisher. 4: Despite section 93 section 306 section 89(2)(f) 5: Before issuing a fishing permit to an applicant, the chief executive may require the applicant to provide a suitable third party guarantee, or bond, in an amount specified by the chief executive. 6: No fishing permit may be issued to any person who— a: is a person who has unpaid deemed value amounts in excess of $1,000 that are overdue, or is a person who is treated by section 79(5) b: is a person whose fishing permit is suspended under section 79A c: the chief executive believes, on reasonable grounds, is a person whose fishing permit, if they had one, would be suspended under section 79A(1) 1983 No 14 s 63(2), (4), (6), (8), (9) Section 91(1) substituted 1 October 2001 section 32(1) Fisheries Act 1996 Amendment Act 1999 Section 91(3) substituted 1 October 2004 section 36 Fisheries Amendment Act (No 3) 2004 Section 91(4) substituted 1 October 2001 section 32(2) Fisheries Act 1996 Amendment Act 1999 Section 91(5) substituted 1 October 2001 section 32(2) Fisheries Act 1996 Amendment Act 1999 Section 91(6) substituted 1 October 2001 section 17 Fisheries Amendment Act 2001 92: Fishing permit may be issued subject to conditions 1: A fishing permit must— a: state that it authorises the taking of— i: stocks that are subject to the quota management system; and ii: stocks or species that are neither subject to the quota management system nor listed in Schedule 4C b: list those stocks or species listed in Schedule 4C 1A: A fishing permit may be subject to any conditions that the chief executive considers appropriate, including— a: conditions relating to— i: areas or methods: ii: the use or non-use of vessels, and the specific vessel (if any) that may be used: iii: types and amounts of fishing gear: iv: the taking or handling of fish, aquatic life, or seaweed: v: places where fish, aquatic life, or seaweed may be landed: vi: periods of time within which the permit holder may take fish, aquatic life, or seaweed: b: conditions that the chief executive may impose under section 78(6) 2: The chief executive may from time to time, by written notice to a fishing permit holder, amend, add, or revoke any conditions of the permit, to take effect from a date specified in the notice. 3: The conditions that may be imposed on fishing permits under this section may be more restrictive or more onerous than the conditions imposed on fishing by any regulations or notice. 4: The chief executive may, if the chief executive considers it expedient to do so, require the holder of a fishing permit to surrender the permit and may replace that fishing permit with a new fishing permit containing the new conditions. 5: The conditions referred to in this section shall be substantially the same for all fishing permits in respect of the same stock, unless the chief executive is satisfied, on stated grounds, that different conditions are reasonable. 6: Every person commits an offence and is liable to the penalty set out in section 252(5) Section 92(1) substituted 1 October 2004 section 37(1) Fisheries Amendment Act (No 3) 2004 Section 92(1A) inserted 1 October 2004 section 37(1) Fisheries Amendment Act (No 3) 2004 93: Qualifications for holding fishing permit and moratorium 1: Subject to section 93A of a stock or species listed in Schedule 4C a: all of the following apply: i: on 30 September 1992, that person held a current fishing permit under section 63 ii: during the period commencing on 1 October 1990 and ending with the close of 30 September 1992, that person lawfully took fish, aquatic life, or seaweed under the authority of the fishing permit held by that person; and iii: the chief executive is satisfied that the fish, aquatic life, or seaweed taken by that person, during that period were— A: 1 or more of the stocks named in the fishing permit held by that person; and B: caught as a target stock (other than bycatch); or b: a fishing permit was issued to that person under section 2(2) 2: A fishing permit issued under subsection (1) shall not authorise a person to take a stock or species listed in Schedule 4C a: the stock— i: is of the same species as 1 or more of the stocks referred to in subsection (1)(a)(iii)(A) that were caught as a target stock (other than bycatch) during the period referred to in subsection (1)(a)(ii); and ii: was named in the fishing permit held by that person on 30 September 1992; or b: in the case of a fishing permit issued to a person referred to in subsection (1)(b), the stock was named on the permit issued to that person under section 2(2) 3: In satisfying himself or herself on any matter under this section, the chief executive shall only have regard to information from fishing records or returns duly completed and provided before 15 October 1992 in the prescribed manner or in accordance with requirements made under section 66(3) 4: This section does not apply to tuna. 1983 No 14 s 63(13) 1986 No 34 ss 10, 13(1) 1992 No 137 s 4 Section 93(1) amended 1 October 2004 section 38(1) Fisheries Amendment Act (No 3) 2004 Section 93(1) amended 1 October 2001 section 34 Fisheries Act 1996 Amendment Act 1999 Section 93(2) amended 1 October 2004 section 38(2) Fisheries Amendment Act (No 3) 2004 93A: Fishing permits subject to moratorium issued to related persons on death of fishing permit holder Section 93A expired 1 October 2007 section 93B 93B: Expiry of section 93A Section 93A Section 93B inserted 1 October 2001 section 35 Fisheries Act 1996 Amendment Act 1999 94: Right of review against decisions made under delegated authority If any decision in respect of a fishing permit or high seas fishing permit or Part 6A or high seas fishing permit holder of the permit 1983 No 14 s 63(11) Section 94 amended 1 October 2001 section 8(a) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 94 amended 1 October 2001 section 8(b) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 94 amended 1 October 2001 section 8(c) Fisheries Act 1996 Amendment Act (No 2) 1999 95: Obligations of fishing permit holder Section 95 repealed 9 September 1999 section 85(f) Fisheries Act 1996 Amendment Act 1999 96: Revocation of fishing permit 1: If the chief executive revokes a fishing permit under section 305A a: the fishing permit must be immediately cancelled; and b: the holder must ensure that the fishing permit and any duplicates are forthwith surrendered to the chief executive; and c: no fish, aquatic life, or seaweed taken after the date of the supply of the false or misleading information may be regarded as eligible catch for the purposes of section 34 d: no individual catch entitlement under the permit entitles the holder to an allocation of any quota. 2: A person may request the chief executive to revoke any fishing permit issued to that person, and shall enclose the fishing permit and any duplicates with the request; and, upon revocation, the fishing permit shall cease to have any effect for the purpose of this Act. 3: Nothing in this section shall require the chief executive to remit or refund any fees, charges, or levies paid or payable by the fishing permit holder for the period from the date of issue of the permit to the date of revocation. Section 96(1) substituted 1 October 2001 section 36 Fisheries Act 1996 Amendment Act 1999 Special permits 97: Special permits 1: The chief executive may, on application made to the chief executive in the approved form, issue to any person named in the application a special permit— a: for the purposes of— i: education; or ii: investigative research; or iii: management or eradication of unwanted aquatic life; or iv: the carrying out of trials and experiments with fishing vessels or fishing gear or any other apparatus or technique that is capable of being used in connection with the taking of fish, aquatic life, or seaweed: b: for the purposes of sport or recreation in the case of any disabled person within the meaning of the Disabled Persons Employment Promotion Act 1960 c: for any other purpose approved by the Minister after consultation with such persons and organisations as he or she considers are representative of those classes of persons having an interest in the granting of a special permit for such a purpose, including Maori, environmental, commercial, and recreational interests. 2: If the issuing of any special permit will have a significant effect on fisheries resources or any fishing interest in the stocks affected that are provided for or authorised by or under this Act, the chief executive shall, before issuing such a permit, consult with such persons and organisations as the chief executive considers are representative of those classes of persons having interests that would be affected if the special permit were issued. 3: In considering any application for a special permit, other than for the purpose of the management or eradication of any unwanted aquatic life, the chief executive shall take into account the purpose of this Act and the environmental and information principles. 4: Notwithstanding anything in any other section of this Act, the chief executive may authorise the holder of a special permit to take and dispose of fish, aquatic life, or seaweed subject to such terms and conditions as the chief executive may set out in the permit. 5: The chief executive may at any time, by notice in writing to the special permit holder, amend, add, or revoke any term or condition of a special permit issued under this section, which term or condition shall take effect from a date specified in the notice. 6: It shall be deemed to be a term of every special permit that no fish, aquatic life, or seaweed taken under the authority of the permit shall be disposed of except in the manner specified in the special permit. 7: Notwithstanding anything in section 192 8: The chief executive may at any time revoke any special permit by notice in writing to the holder, which revocation shall take effect from a date specified in the notice. 9: The chief executive shall not issue a special permit in respect of any seabirds or protected species. 10: 11: Every person commits an offence and is liable to the penalty set out in section 252(5) 1983 No 14 s 64 1986 No 34 s 13(1) Section 97(10) repealed 9 September 1999 section 86 Fisheries Act 1996 Amendment Act 1999 Administration 98: Registers 1: The chief executive shall keep the following registers: a: a register to be called the Fishing Vessel Register: b: a register to be called the Permit Register: c: a register to be called the High Seas Permit Register. 2: The registers may be kept in the form of information stored by means of a computer. 3: The registers may be kept in conjunction with any other register required to be kept under this Act. 4: The Crown owns all information contained in the Fishing Vessel Register or the Permit Register or the High Seas Permit Register 5: The chief executive shall, by notice in the Gazette 6: Without limiting anything in section 297 Section 98(1)(c) added 1 October 2001 section 9(1) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 98(4) amended 1 October 2001 section 9(2) Fisheries Act 1996 Amendment Act (No 2) 1999 99: Appointment of Registrars Section 99 repealed 9 September 1999 section 85(g) Fisheries Act 1996 Amendment Act 1999 100: Matters to be shown in Permit Register and Fishing Vessel Register The Permit Register and the Fishing Vessel Register must each contain all the particulars required by regulations made under section 297 Section 100 substituted 1 October 2001 section 37 Fisheries Act 1996 Amendment Act 1999 101: Matters to be shown in Fishing Vessel Register Section 101 repealed 1 October 2001 section 37 Fisheries Act 1996 Amendment Act 1999 101A: Matters to be shown in High Seas Permit Register The High Seas Permit Register must contain all the particulars required by regulations made under section 297 Section 101A inserted 1 October 2001 section 10 Fisheries Act 1996 Amendment Act (No 2) 1999 102: Access to registers 1: The Permit Register , the Fishing Vessel Register, and the High Seas Permit Register Gazette section 98(5) 2: Subject to subsection (3), the chief executive 3: If the chief executive chief executive 1983 No 14 s 56 1986 No 34 s 13(1) Section 102 heading amended 1 December 2020 section 217 Privacy Act 2020 Section 102(1) amended 1 December 2020 section 217 Privacy Act 2020 Section 102(1) amended 1 October 2001 section 11 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 102(2) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 102(3) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Fishing vessel registration 103: Fishing vessels must be registered 1: A person must not use a fishing vessel, or any tender of that fishing vessel, to take fish, aquatic life, or seaweed for sale, in New Zealand fisheries waters, unless— a: the vessel is a New Zealand ship or has been exempted under section 103A(1) b: the vessel is registered under this section in the Fishing Vessel Register as a fishing vessel; and c: that person complies with all conditions of registration. 2: An application to register a fishing vessel must— a: be made by the operator of that fishing vessel; and b: be made to the chief executive in the approved form and be accompanied by the prescribed fee (if any); and c: be supported by evidence of the vessel's registration as a New Zealand ship or its exemption under section 103A(1) 3: Consent under section 103A(4) 4: If the chief executive, having received an application made in accordance with this section, is satisfied that the vessel is registered as a New Zealand ship or has been exempted under section 103A(1) a: register the fishing vessel,— i: in the case of a New Zealand ship, for a period not exceeding 5 years; or ii: in the case of a vessel exempted from the requirement to be a New Zealand ship, for the relevant period under section 103A(3) b: issue to the operator a certificate of registration in respect of that vessel. 5: All conditions of the chief executive's consent to the registration of a vessel in the Fishing Vessel Register are deemed for all purposes to be conditions of the registration of the vessel. 6: This section does not require that a vessel be registered as a fishing vessel merely because it is used to take fish, aquatic life, or seaweed produced as part of a lawful fish farming operation. 7: A person commits an offence and is liable to the penalty set out in section 252(5) Section 103 replaced 1 May 2016 section 8 Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 103A: Process for granting exemption from requirement to be New Zealand ship and granting consent to registration 1: The chief executive may, on application, exempt a vessel from the requirement to be a New Zealand ship if satisfied that— a: the vessel will be used only for carrying out fisheries-related research commissioned or approved by the chief executive; and b: the operator of the vessel or, if the operator is an overseas person, the authorised agent has made reasonable efforts to find a replacement vessel that is a New Zealand ship but was unsuccessful; and c: the exemption will be in New Zealand’s interests; and d: there will be sufficient New Zealand control of the operations of the vessel during the period for which it is exempted. 2: An application under subsection (1) must— a: be made by the operator of the vessel or, if the operator is an overseas person, by the authorised agent; and b: be made in the approved form; and c: be accompanied by the prescribed fee and the evidence specified in the approved form. 3: An exemption may be granted for the period specified in the special permit issued for the purposes of the fisheries-related research. 4: For the purposes of section 103(3) a: grant consent, either generally or particularly, to the registration of 1 or more foreign-owned vessels operated by any person; and b: grant consent under this section subject to any conditions that the chief executive thinks fit to impose (and such conditions may include, but are not limited to, conditions that relate to fisheries management, employment, vessel safety, or compliance with maritime rules relating to pollution and the discharge of waste material from vessels). 5: The chief executive must have regard to the following matters before deciding whether or not to grant consent under this section: a: any risk associated with fisheries management, employment, vessel safety, or compliance with maritime rules relating to pollution and the discharge of waste material from vessels that the chief executive considers would be likely to result if the vessel were to be registered; and b: the previous offending history (if any), in relation to fishing or transportation (whether within the national fisheries jurisdiction of New Zealand or another country, or on the high seas), of the vessel's owner, operator, foreign charter party, notified user, master, or crew; and c: the nature of the charter or other agreement with the operator (if any); and d: any other matters that the chief executive considers relevant. 6: The chief executive may, from time to time, by written notice to the operator of a vessel with effect from the date specified in the notice amend, add to, or revoke any conditions of the consent to the registration of the vessel. 7: If the chief executive grants an exemption under subsection (1) from the requirement to be a New Zealand ship, or if a vessel is owned or operated by an overseas person who has obtained consent under the overseas investment fishing provisions or is exempt from the requirement for that consent, the following provisions apply while the vessel is in New Zealand fisheries waters: a: for the purposes of the Minimum Wage Act 1983 Wages Protection Act 1983 Immigration Act 2009 b: for the purposes of the Minimum Wage Act 1983 Wages Protection Act 1983 i: if the operator of the vessel is the employer or contractor of those persons, the operator: ii: in any other case, the person from whom the operator has, by virtue of a lease, a sublease, a charter, a subcharter, or otherwise, for the time being obtained possession and control of the vessel: c: for the purpose of determining whether the payment to any person engaged or employed to do work on any such vessel meets the requirements of the Minimum Wage Act 1983 d: Labour Inspectors within the meaning of the Employment Relations Act 2000 e: if the operator of any vessel is not the employer by virtue of paragraph (b), then, despite any responsibility that may rest with the employer, the authorised agent referred to in subsection (2) is responsible under the enactments referred to in paragraph (a) for providing any information and records to any Labour Inspector exercising powers under those Acts: f: the authorised agent referred to in subsection (2) may be served with any documents requiring service under any of the enactments referred to in paragraph (a), and such service is deemed to be service on the employer: g: the Employment Relations Authority and the Employment Court may exercise jurisdiction in respect of any employment relationship that arises by virtue of paragraph (a) or (b) as if it were a lawful employment relationship subject to New Zealand law. Section 103A inserted 1 May 2016 section 8 Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 104: Provisions relating to notified users of fishing vessels 1: Every application to become a notified user in relation to a fishing vessel shall— a: be made jointly by the operator in whose name the fishing vessel is registered and the person who is to be the notified user in relation to the vessel; and b: be made to the chief executive 2: Upon receipt of an application made in accordance with subsection (1), the chief executive a: note the name of the notified user on the Fishing Vessel Register; and b: issue to the operator and the notified user a certificate of notification in respect of the notified user. 3: No person may be a notified user in relation to a foreign-owned New Zealand fishing vessel. 4: No overseas person shall be a notified user in relation to a fishing vessel. 5: Section 104(1)(b) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 104(2) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 104(3) replaced 31 August 2012 section 4(1) Fisheries Amendment Act 2012 Section 104(5) repealed 31 August 2012 section 4(2) Fisheries Amendment Act 2012 105: Fish carriers must be registered 1: No person shall use any vessel for the transportation of fish, aquatic life, or seaweed taken for sale within New Zealand fisheries waters unless— a: the vessel is registered in the Fishing Vessel Register as either a fish carrier or a fishing vessel, and— i: that person is named in that register as an operator or notified user ii: that person complies with all conditions of registration (if any) and the conditions of any consent given by the chief executive under subsection (4); or b: the fish, aquatic life, or seaweed was lawfully landed in New Zealand and then lawfully purchased or acquired by a licensed fish receiver prior to transportation; or c: the fish, aquatic life, or seaweed was produced as part of a lawful fish farming operation; or d: the fish, aquatic life, or seaweed was lawfully taken and landed in New Zealand, and the person is transporting that fish, aquatic life, or seaweed as the agent of the commercial fisher who took the fish, aquatic life, or seaweed. 2: Every application to register a fish carrier (other than a vessel that is registered as a fishing vessel under this Act) shall— a: be made by the operator of that fish carrier; and b: be made to the chief executive c: in the case of an operator who is an overseas person, specify the name and address of a person (other than an overseas person) to be the authorised agent of that person for the purpose of this Act; and d: be supported by such evidence as may be specified in the form. 3: If the chief executive a: register the fish carrier for a specified period not exceeding 5 years; and b: issue to the operator a certificate of registration in respect of that vessel. 4: No vessel shall be registered under this section unless the chief executive has consented, either generally or particularly, to registration of the vessel or vessels operated by that person; and any consent under this subsection may be granted subject to such conditions as the chief executive thinks fit to impose. 5: In considering whether to consent to the registration of a vessel under subsection (4), the chief executive shall have regard to— a: the previous offending history (if any), in relation to fishing or transportation (whether within the national fisheries jurisdiction of New Zealand or another country, or on the high seas), of the vessel's owner, operator, foreign charterparty, notified user, master, or crew; and b: the nature of the charter or other agreement with the operator (if any); and c: such other matters as the chief executive considers relevant. 6: Every person commits an offence and is liable to the penalty set out in section 252(5) 7: In proceedings for an offence relating to a contravention of subsection (1),— a: the prosecutor need not assert in the charging document that the exceptions set out in paragraphs (b) to (d) do not apply; and b: the burden of proving that any of the exceptions set out in paragraphs (b) to (d) applies lies on the defendant. Section 105(1)(a)(i) amended 1 October 2001 section 10 Fisheries (Remedial Issues) Amendment Act 2001 Section 105(2)(b) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 105(3) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 105(5)(a) substituted 1 October 2001 section 13 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 105(7) inserted 1 July 2013 section 413 Criminal Procedure Act 2011 106: Further provisions relating to registration of vessels 1: Nothing in section 103 section 105 Part 5 2: Nothing in section 103 section 105 106A: Suspension of consent to registration 1: The chief executive may, after complying with subsections (4) and (5), suspend his or her consent to the registration of any foreign-owned New Zealand fishing vessel for any reasonable period determined by him or her if satisfied on reasonable grounds that there has been a breach of any condition of consent to its registration. 2: If any person, department, or agency in the course of performing or exercising functions, duties, or powers under any Act obtains any information that is relevant for the purposes of subsection (1), the person, department, or agency may provide the information to the chief executive. 3: For the purposes of subsection (1), the chief executive may take into account information provided by any person, department, or agency. 4: The chief executive must notify the operator of the vessel in writing stating— a: that he or she is satisfied on reasonable grounds that there has been a breach of any condition of consent to registration; and b: the grounds on which the chief executive has based his or her belief; and c: the actions the chief executive requires the operator to undertake or cease; and d: the period within which the actions must be undertaken or cease (which must not be less than 72 hours from the date on which the operator is notified). 5: If the actions specified in the notice given under subsection (4) have not been undertaken or have not ceased (as the case may be) within the period required by the notice, the chief executive must do the following if he or she decides to proceed with suspension of consent to the vessel's registration: a: give the operator not less than 7 days’ notice in writing of the intention to suspend consent to registration; and b: give the operator a reasonable opportunity to make submissions to the chief executive; and c: consider any submissions made to the chief executive by the operator. 6: The chief executive may impose conditions and requirements in respect of the implementation and operation of a suspension under this section. 7: If the chief executive suspends consent to a vessel's registration,— a: he or she must notify the operator in writing that consent to the vessel's registration has been suspended; and b: the notification must state— i: the reasons for the suspension of the chief executive's consent to the vessel's registration; and ii: the period of the suspension; and iii: the conditions and requirements imposed under subsection (6) (if any); and iv: the rights of review and appeal available to a person directly affected under section 106B 8: A period of suspension may be extended by the chief executive from time to time if he or she is satisfied that any conditions and requirements referred to in subsection (7)(b)(iii) have not been met, and subsection (7) (except paragraph (b)(iv)) (with the necessary modifications) applies to any extension of the suspension. 9: The chief executive may lift the suspension of consent if satisfied that suspension conditions and requirements referred to in subsection (7)(b)(iii) have been met. 10: A person commits an offence and is liable to the penalty set out in section 252(5) 11: Nothing in this section requires the chief executive to remit or refund any fees, charges, or levies paid or payable by the operator under this Act for the period from the date of registration to the close of the period of suspension. 12: For the purposes of section 103(1) Section 106A inserted 8 August 2014 section 5 Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 106B: Rights of review and appeal relating to suspension of consent to registration of vessel 1: A person directly affected by the chief executive's decision under section 106A(1) 2: The chief executive must, within 14 days after the date of receipt of an application under subsection (1), confirm, reverse, or modify the decision under review. 3: If the applicant is dissatisfied with the chief executive's decision under subsection (2), the applicant may appeal to the District Court 4: The District Court may confirm, reverse, or modify the decision appealed against. 5: If any party to any proceedings before the District Court under this section is dissatisfied with any determination of the court as being erroneous in point of law, the party may appeal to the High Court by way of case stated for the opinion of the court on a question of law only. 6: On an appeal under subsection (5), the High Court may confirm, reverse, or modify the decision appealed against. 7: Appeals under this section must be heard and determined in accordance with any applicable rules of court. 8: The operation of a decision to suspend the chief executive's consent to a vessel's registration continues in force pending the determination of a review or appeal under this section, except where the chief executive (in the case of a review) or the court hearing the appeal (in any other case) otherwise directs. 9: This section confers no right of review or appeal in relation to a decision under section 106A(8) Section 106B inserted 8 August 2014 section 5 Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 Section 106B(3) amended 1 March 2017 section 261 District Court Act 2016 107: Cancellation of registration of fishing vessel 1: 2: 3: A person may request the chief executive 4: If a vessel is lost or destroyed, the operator shall immediately notify the chief executive chief executive 5: If,— a: in the case of an operator who is an individual, the operator dies; or b: in the case of an operator who is an incorporated company, the operator is dissolved,— the operator's successors, representatives, or assigns shall, as soon as practicable, notify the chief executive chief executive 6: The chief executive must, as soon as practicable, ensure that the registration of a vessel is cancelled if— a: the vessel is forfeit to the Crown; or b: the chief executive has decided, on reasonable grounds and after receipt of advice from the Secretary of Labour, that a breach of any statutory provision referred to in section 103(5) 7: For the purposes of subsection (6), reasonable grounds for a belief that a breach has occurred includes— a: advice from the Secretary of Labour that a decision or order of the Employment Relations Authority b: advice from the Secretary of Labour to the effect that any information or records requested, whether from an authorised agent in accordance with section 103(5)(d) 8: If the ownership of any vessel registered under this Act changes to such an extent that the consent of the chief executive under section 103 section 105 chief executive chief executive 9: Every person commits an offence and is liable to the penalty set out in section 252(5) chief executive 1983 No 14 s 59 1986 No 34 s 13(1) Section 107(1) repealed 1 October 2001 section 39(1) Fisheries Act 1996 Amendment Act 1999 Section 107(2) repealed 1 October 2001 section 39(1) Fisheries Act 1996 Amendment Act 1999 Section 107(3) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 107(4) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 107(5) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 106(6) substituted 1 October 2001 section 39(2) Fisheries Act 1996 Amendment Act 1999 Section 107(7)(a) amended 2 October 2000 section 240 Employment Relations Act 2000 Section 107(8) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 107(9) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 108: Application of this Part to tenders 1: No tender is required to be registered under this Act if it is marked in accordance with regulations made for the purpose under section 297 2: A tender that complies with subsection (1) is to be treated as part of the registered fishing vessel with which it is used, or is intended to be used. 1983 No 14 s 58 1986 No 34 s 13(1) Section 108(2) added 1 October 2001 section 11 Fisheries (Remedial Issues) Amendment Act 2001 109: Presumption that fish on registered vessel caught in New Zealand 1: For the purpose of this Act, all fish, aquatic life, or seaweed on board, landed from, or transferred to or from, a vessel registered under this Act or a New Zealand ship is deemed to have been taken in New Zealand fisheries waters and the provisions of this Act apply accordingly. 2: Subsection (1) applies— a: unless the contrary is proved; and b: whether the fish, aquatic life, or seaweed is found on board, or landed, or transferred within New Zealand or New Zealand fisheries waters or elsewhere. Section 109 substituted 1 October 2001 section 14 Fisheries Act 1996 Amendment Act (No 2) 1999 110: Fish taken in New Zealand fisheries waters must be landed in New Zealand 1: No person shall land, at any place outside New Zealand, any fish, aquatic life, or seaweed taken in New Zealand fisheries waters unless the landing outside New Zealand has the prior approval of the chief executive and is in accordance with any conditions imposed by the chief executive. 2: For the purposes of subsection (1), fish, aquatic life, or seaweed shall be deemed to have been landed at a place outside New Zealand if— a: it is transported beyond the outer limits of the exclusive economic zone by the vessel that took it; or b: it is taken (otherwise than from a vessel) and transferred to a vessel and then transported (whether in that vessel or any other vessel) beyond the outer limits of the exclusive economic zone without having been lawfully purchased or acquired by a licensed fish receiver in New Zealand before transportation; or c: it is transhipped, from the vessel that took the fish, aquatic life, or seaweed, to another vessel. 3: The conditions that may be imposed on any approval granted under subsection (1) include conditions relating to 1 or more of the following: a: the vessel that will take the fish, aquatic life, or seaweed: b: any vessel which will receive the fish, aquatic life, or seaweed: c: the manner and conditions under which the storage, transportation, transhipment, recording, reporting, landing, and disposal of the fish, aquatic life, or seaweed will take place. 4: 5: Subsection (1) does not apply if the fish, aquatic life, or seaweed was lawfully taken by a person under a foreign fishing licence issued under section 83 6: Every person commits an offence and is liable to the penalty set out in section 252(3) 1983 No 14 s 101 1986 No 34 s 27(1) 1990 No 29 s 47 Section 110(4) repealed 9 September 1999 section 86 Fisheries Act 1996 Amendment Act 1999 111: Fish on registered vessel deemed to have been taken for purpose of sale 1: For the purposes of this Act, all fish, aquatic life, or seaweed that is on board, or landed from, or transhipped from, any fishing vessel or fish carrier registered under this Act is deemed to have been taken or possessed for the purpose of sale, unless— a: the taking or possession of the fish, aquatic life, or seaweed was in accordance with a general or particular approval of the chief executive and with any conditions imposed on that approval; and b: the taking or possession occurred after that approval was given. 2: Subsection (1) does not apply if the fish, aquatic life, or seaweed were lawfully taken under regulations made under section 186 1983 No 14 s 102 1986 No 34 s 27(1) Section 111(1) substituted 1 October 2001 section 40 Fisheries Act 1996 Amendment Act 1999 112: Taking of fish, etc, by other than New Zealand ships 1: No person shall use any vessel that is not a New Zealand ship to take fish, aquatic life, or seaweed in New Zealand fisheries waters (other than the exclusive economic zone), except— a: for fisheries research, experimental, sports, or recreational fishing purposes; and b: with the prior approval of the chief executive and in accordance with any conditions the chief executive may impose. 2: If any vessel has any tender carried by, or attached to, or operated in conjunction with, the vessel, then, whether or not the vessel is within New Zealand fisheries waters (other than the exclusive economic zone), the vessel shall for the purposes of this section be deemed to be used in fishing at the time and place the tender is being so used, as well as at that time and place. 3: 4: If any vessel is used in fishing in contravention of this section, every person on the vessel commits an offence and is liable for the penalty set out in section 252(3) 1983 No 14 s 60 1986 No 34 s 13(1) 1990 No 29 s 30 Section 112(3) repealed 9 September 1999 section 86 Fisheries Act 1996 Amendment Act 1999 113: Possession of fish, etc, by vessels that are not New Zealand ships 1: No person shall possess any fish, aquatic life, or seaweed in New Zealand or New Zealand fisheries waters, on any vessel that is not a New Zealand ship, unless,— a: in the case of fish, aquatic life, or seaweed taken outside New Zealand fisheries waters,— i: the fish, aquatic life, or seaweed was landed in any country other than New Zealand before being brought into New Zealand fisheries waters; or ii: the person has, before the entry into New Zealand fisheries waters, obtained the approval of the chief executive to possess that fish, aquatic life or seaweed, and acted in accordance with such conditions as the chief executive may think fit to impose; or b: the fish, aquatic life, or seaweed were lawfully taken by that vessel within New Zealand fisheries waters; or c: the fish, aquatic life, or seaweed were lawfully received by that vessel within New Zealand or New Zealand fisheries waters. 2: The chief executive may impose any conditions on an approval granted under subsection (1), including conditions relating to the taking, storage, transportation, recording, reporting, landing, and disposal of the fish, aquatic life, or seaweed. 3: Any fish, aquatic life, or seaweed landed in New Zealand with the chief executive's approval under subsection (1) and landed after that approval was given, may, in accordance with the conditions of that approval, be sold; and, notwithstanding anything in this Act, no offence of buying or selling or being in possession of any fish, aquatic life, or seaweed shall be deemed to have been committed in respect of any fish, aquatic life, or seaweed sold in accordance with that approval. 4: Every person commits an offence and is liable to the penalty set out in section 252(3) 5: In proceedings for an offence relating to a contravention of subsection (1),— a: the prosecutor need not assert in the charging document that the exceptions set out in paragraphs (a) to (c) do not apply; and b: the burden of proving that any of the exceptions set out in paragraphs (a) to (c) applies lies on the defendant. 1983 No 14 s 61 1986 No 34 s 1(1) Section 113(5) inserted 1 July 2013 section 413 Criminal Procedure Act 2011 113A: All fishing within foreign fishing jurisdiction to be authorised 1: No New Zealand national, and no person using a ship that is registered under the Ship Registration Act 1992 2: Every person who contravenes subsection (1) commits an offence and is liable to the penalty set out in section 252(3) Section 113A inserted 1 May 2001 section 15 Fisheries Act 1996 Amendment Act (No 2) 1999 6A: High seas fishing Part 6A inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 113B: Interpretation In this Part, unless the context otherwise requires,— FAO Compliance Agreement flag State a: the State in which the vessel is registered; or b: if the vessel is unregistered, the State whose flag the vessel flies foreign high seas inspector a: the Fish Stocks Agreement; or b: the boarding and inspection procedures of the organisation or arrangement global, regional, or subregional fisheries organisation or arrangement Gazette section 113C international conservation and management measures a: adopted by a global, regional, or subregional fisheries organisation or arrangement; and b: notified in the Gazette section 113C participating State section 113C serious violation Section 113B inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 113C: Notification and certification by Secretary of Foreign Affairs and Trade 1: The Secretary of Foreign Affairs and Trade may from time to time, by notice in the Gazette a: a global, regional, or subregional fisheries organisation or arrangement; or b: international conservation and management measures. 2: A notice given under subsection (1) must specify where a copy of the constitution of the organisation or a copy of the arrangement or international conservation and management measures, as the case may be, may be obtained. 3: The Secretary of Foreign Affairs and Trade may sign a certificate stating that a specified State is or is not— a: a State that is a party to the Fish Stocks Agreement; or b: a State that is a party to the FAO Compliance Agreement; or c: a State that is a participant in, is a member of, or has accepted the obligations of, a global, regional, or sub-regional fisheries organisation or arrangement; or d: a State that is a signatory to the Fish Stocks Agreement that agreement 4: A certificate referred to in subsection (3) is, for all purposes, conclusive evidence of its contents unless the contrary is proved by the production of a more recent certificate issued under that subsection. Section 113C inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 113C(3)(d) amended 1 October 2001 section 18(a) Fisheries Amendment Act 2001 Section 113C(3)(d) amended 1 October 2001 section 18(b) Fisheries Amendment Act 2001 Requirements as to taking of fish on high seas Heading inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 113D: Taking and transportation of fish, etc, on high seas using New Zealand ships 1: No person may use a New Zealand ship, or a tender of that ship, to take (by any method) on the high seas any fish, aquatic life, or seaweed for sale, unless— a: that person does so under the authority of, and in accordance with, a current high seas fishing permit issued in respect of that ship; and b: the ship is registered— i: under the Ship Registration Act 1992 ii: in the Fishing Vessel Register as a fishing vessel; and c: the holder of the permit is named in the Fishing Vessel Register as an operator of that vessel. 2: No person may use a New Zealand ship, or a tender of that ship, to transport any fish, aquatic life, or seaweed on the high seas, unless— a: that person does so under the authority of, and in accordance with, a current high seas fishing permit issued in respect of that ship; and b: the fish, aquatic life, or seaweed was taken— i: on the high seas under the authority of, and in accordance with, a high seas fishing permit or an authorisation issued by a State to which section 113E(2) ii: in the national fisheries jurisdiction of a foreign State under, and in accordance with, the laws of that State; and c: the ship is registered— i: under the Ship Registration Act 1992 ii: in the Fishing Vessel Register as either a fish carrier or a fishing vessel; and d: the holder of the permit is named in the Fishing Vessel Register as an operator of that vessel. 3: Subsection (2) does not apply if the fish, aquatic life, or seaweed— a: has previously been landed in New Zealand or in any other country; or b: has not previously been landed in New Zealand or in any other country but was taken in New Zealand fisheries waters and— i: approval under section 110(1) ii: the transportation is in accordance with any conditions of that approval. 4: No person may take or transport any fish, aquatic life, or seaweed under the authority of a high seas fishing permit unless that person is— a: the holder of that permit; or b: an employee or agent of the holder of the permit; or c: the master, or a member of the crew, of the ship in respect of which the permit is in force. 5: Every person who contravenes subsection (1) or subsection (2) or subsection (4) commits an offence and is liable on conviction to the penalty set out in section 252(3) Section 113D inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 113D(2)(b)(i) amended 1 October 2001 section 19(1) Fisheries Amendment Act 2001 Section 113D(3) substituted 1 October 2001 section 19(2) Fisheries Amendment Act 2001 113E: Use of foreign vessels on high seas by New Zealand nationals 1: No New Zealand national may use a vessel that is not registered under the Ship Registration Act 1992 a: to take (by any method), on the high seas, any fish, aquatic life, or seaweed for sale, except in accordance with an authorisation issued by a State to which subsection (2) applies; or b: to transport any fish, aquatic life, or seaweed taken on the high seas, unless that fish, aquatic life, or seaweed was taken in accordance with an authorisation issued by a State to which subsection (2) applies. 2: An authorisation may be issued— a: by a State that is a party to the Fish Stocks Agreement; or b: by a State that is a party to the FAO Compliance Agreement; or c: by a State that is a party to, or has accepted the obligations of, a global, regional, or subregional fisheries organisation or arrangement to which the authorisation relates; or d: by a State that— i: is a signatory to the Fish Stocks Agreement; and ii: has legislative and administrative mechanisms to control its vessels on the high seas in accordance with that agreement. 3: Every person who contravenes subsection (1) commits an offence and is liable on conviction to the penalty set out in section 252(3) Section 113E inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 113E(1) substituted 1 May 2001 section 12 Fisheries (Remedial Issues) Amendment Act 2001 113F: Exemption from section 113E 1: The Minister may, on receipt of an application in the approved form accompanied by the prescribed fee (if any), exempt a New Zealand national from section 113E a: the applicant is a citizen of another country and that country has jurisdiction over the applicant's proposed fishing activities on the high seas; and b: New Zealand is not a participant in, or a member of, or has not accepted the obligations of, a global, regional, or subregional fisheries organisation or arrangement that covers the area of the high seas in which the applicant proposes to take or transport fish, aquatic life, or seaweed; and c: the applicant has not engaged in fishing or transportation— i: in a manner that undermined the effectiveness of international conservation and management measures; and ii: that has resulted in a high seas fishing permit, or an equivalent authorisation granted by a participating State or a party to the FAO Compliance Agreement, being suspended or revoked during the 3 years immediately preceding the application ( the 3-year period d: the applicant has not engaged in fishing or transportation on the high seas during the 3-year period— i: without a high seas fishing permit (or equivalent authorisation granted by a participating State), if a high seas fishing permit was required for that fishing or transportation; and ii: in a manner that undermined the effectiveness of international conservation and management measures. 2: An exemption granted by the Minister must be limited to 1 or more of the following, as specified in the exemption: a: an area or areas of the high seas: b: a species of fish, aquatic life, or seaweed: c: a period of time. 3: The Minister may, by notice in writing to the holder of an exemption granted under subsection (1), amend or revoke the exemption. 4: Section 113E Section 113F inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 Issue of high seas fishing permits Heading inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 113G: Application for high seas fishing permit An application for a high seas fishing permit— a: may be made only by the operator of a vessel that is registered in the Fishing Vessel Register as either a fish carrier or a fishing vessel; and b: must be made to the chief executive in the approved form. Section 113G inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 113H: Issue of high seas fishing permit 1: The chief executive may issue a high seas fishing permit only if the chief executive is satisfied that— a: the vessel to which the permit relates is registered— i: under the Ship Registration Act 1992 ii: in the Fishing Vessel Register as either a fish carrier or a fishing vessel; and b: the applicant has not engaged in fishing or transportation— i: in a manner that undermined the effectiveness of international conservation and management measures; and ii: that has resulted in a high seas fishing permit, or an equivalent authorisation granted by a participating State or a party to the FAO Compliance Agreement, being suspended or revoked during the 3 years immediately preceding the application ( the 3-year period c: the applicant has not engaged in fishing or transportation on the high seas during the 3-year period— i: without a high seas fishing permit (or equivalent authorisation granted by a participating State), if a high seas fishing permit was required for that fishing or transportation; and ii: in a manner that undermined the effectiveness of international conservation and management measures. 2: Before issuing a high seas fishing permit, the chief executive may have regard to— a: the previous offending history (if any), in relation to fishing or transportation (whether within the national fisheries jurisdiction of New Zealand or another country, or on the high seas), of the vessel's owner, operator, foreign charterparty, notified user, master, or crew; and b: such other matters as the chief executive considers relevant. 3: The chief executive may, but is not required to, issue a high seas fishing permit to a person even though that person may— a: owe the Crown a levy payable under Part 14 b: have unpaid and overdue deemed value amounts of more than $1,000; or c: hold a fishing permit that is subject to conditions by virtue of or under section 78(1) or (2) Section 113H inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 113I: Term and content of high seas fishing permit 1: A high seas fishing permit may be issued for a period not exceeding 5 years. 2: A high seas fishing permit must specify— a: the name of the permit holder; and b: the fishing vessel or fish carrier to which the permit relates; and c: any conditions to which the permit is subject under section 113K Section 113I inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 Compliance with conditions and regulations Heading inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 113J: Compliance with conditions and regulations 1: A person taking fish, aquatic life, or seaweed under the authority of a high seas fishing permit must comply with— a: any conditions to which the permit is subject under section 113K b: any regulations made under section 297 2: Every person who contravenes a condition to which a high seas fishing permit is subject under section 113K section 252(5) Section 113J inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 113K: Conditions of high seas fishing permit 1: A high seas fishing permit may be subject to such conditions as the chief executive considers appropriate, including conditions relating to the following matters: a: the areas in which fishing or transportation is authorised: b: the seasons, times, and particular voyages during which fishing or transportation is authorised: c: the species, size, age, and quantities of fish, aquatic life, or seaweed that may be taken or transported: d: the methods by which fish, aquatic life, or seaweed may be taken: e: the types, size, and amount of fishing gear or equipment that may be used or carried, and the modes of storage of that gear or equipment when not in use: f: the use, transfer, transhipment, landing, receiving, and processing of fish, aquatic life, or seaweed taken: g: procedures or requirements, or both, enabling the verification of fish, aquatic life, or seaweed taken or being taken by the vessel, including procedures or restrictions relating to the species of, quantities of, or areas from which, fish, aquatic life, or seaweed are being or have been taken by the vessel: h: entry by the vessel to New Zealand or foreign ports, whether for the inspection of its catch or for other purposes: i: reports and information required to be given to the chief executive by the permit holder, and records required to be kept by the permit holder: j: management controls regarding fishing-related mortality of fish, aquatic life, or seaweed: k: the conduct of specified programmes of fisheries research: l: the marking of the vessel and other means for its identification: m: the placing of observers on the vessel and the payment of any associated prescribed fees and charges by the permit holder: n: the provision, installation, and maintenance of electronic and other equipment to observe any fishing and related activities described in paragraph (e) section 2(1) o: the installation on the vessel and the maintenance of any automatic location communicator or other equipment for the identification and location of the vessel, and of adequate navigational equipment to enable the vessel to fix its position, and the payment of any associated prescribed fees and charges by the permit holder: p: the carriage on board the vessel of specified charts, publications, and instruments: q: the disposal of fish, aquatic life, and seaweed: r: measures to give effect to international conservation and management measures. 2: The chief executive may from time to time, by written notice to the holder of a high seas fishing permit, amend, add to, or revoke any conditions of the permit with effect from the date specified in the notice. 3: If the chief executive considers it expedient to do so, the chief executive may— a: require the high seas fishing permit holder to surrender the permit; and b: replace that permit with a new permit containing new conditions. 4: A condition imposed on a high seas fishing permit under this section is not invalid merely because the condition is more restrictive or more onerous than any conditions that are or may be imposed on fishing by any regulations made under this Act. Section 113K inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 113K(1)(n) replaced 1 November 2022 section 7 Fisheries Amendment Act 2022 113L: High seas fishing permit to be carried on vessel 1: A person taking or transporting fish, aquatic life, or seaweed under the authority of a high seas fishing permit must— a: carry the permit (or a copy of the permit) on board the vessel to which the permit relates at all times; and b: show the permit to a fishery officer or high seas fishery inspector or foreign high seas inspector on demand. 2: Every person who contravenes subsection (1) commits an offence and is liable to the penalty set out in section 252(5) Section 113L inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 113M: Notification of change of ownership of vessel 1: The holder of a high seas fishing permit must notify the chief executive within 5 working days of any change of ownership or operator of the vessel to which the permit relates. 2: Every person who contravenes subsection (1) commits an offence and is liable to the penalty set out in section 252(6) Section 113M inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 Suspension and revocation of high seas fishing permits Heading inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 113N: Chief executive may suspend or revoke high seas fishing permit 1: The chief executive may revoke a high seas fishing permit if the chief executive is satisfied that any information or evidence supplied with the application for the permit was false or misleading in any material particular. 2: The chief executive may suspend or revoke a high seas fishing permit if the chief executive is satisfied that— a: the vessel to which the permit relates is no longer— i: registered under the Ship Registration Act 1992 ii: registered in the Fishing Vessel Register as either a fish carrier or a fishing vessel; or b: the permit holder, or any person authorised to fish under the authority of the permit, has been convicted of an offence against this Part; or c: the permit holder has been convicted of a fishing-related offence under the laws of a country other than New Zealand; or d: the permit holder is no longer the owner or operator of the vessel. 3: A person may, in writing, request that the chief executive revoke a high seas fishing permit issued to that person. 4: A request made under subsection (3) must be accompanied by the high seas fishing permit and any copies of the permit. Section 113N inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 113O: Procedure to be followed before suspending or revoking permit Before suspending or revoking a high seas fishing permit under section 113N(1) or (2) a: give the permit holder not less than 7 days' notice in writing of the chief executive's intention to suspend or revoke the permit; and b: include in or with the notice a statement— i: of the chief executive's reasons; and ii: of the date on which the permit will be revoked or suspended; and iii: in the case of suspension of the permit, of the period for which the permit will be suspended; and c: give the permit holder a reasonable opportunity to make submissions to the chief executive; and d: consider any submissions made to the chief executive by the permit holder. Section 113O inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 113P: Effect of suspension or revocation of permit 1: Where the chief executive revokes a high seas fishing permit under section 113N a: the high seas fishing permit is cancelled immediately and ceases to have any effect for the purposes of this Act; and b: the permit holder must ensure that the permit and any copies of the permit are surrendered immediately to the chief executive. 2: Where the chief executive suspends a high seas fishing permit under section 113N a: the suspension is for the period specified by the chief executive under section 113O(b) b: the permit does not authorise fishing or transportation; but c: the obligations and conditions to which the permit is subject, or that are imposed by or under this Act in relation to the permit, continue to have effect. 3: Nothing in this section requires the chief executive to remit or refund any fees, charges, or levies paid or payable by the permit holder for the period from the date of issue of the permit to the date of revocation. Section 113P inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 High seas fishery inspectors Heading inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 113Q: High seas fishery inspectors 1: Every fishery officer (other than an honorary fishery officer or an examiner) is a high seas fishery inspector. 2: A high seas fishery inspector may direct a person under his or her command to carry out such duties of a high seas fishery inspector as he or she specifies, for such period as he or she thinks necessary. 3: A person who receives a direction under subsection (2) has, for the purpose of carrying out the specified duties, all the powers of a high seas fishery inspector. Section 113Q inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 113R: Powers of high seas fishery inspectors in relation to New Zealand vessels For the purposes of the administration and enforcement of this Part, a high seas fishery inspector has all of the powers of a fishery officer in relation to a vessel on the high seas that— a: is registered under the Ship Registration Act 1992 b: flies the New Zealand flag. Section 113R inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 113S: Powers of high seas fishery inspectors in relation to foreign vessels 1: A high seas fishery inspector may, for the purpose of ensuring compliance with international conservation and management measures adopted by a global, regional, or subregional fisheries organisation or arrangement of which New Zealand is a member or in which New Zealand is a participant, board and inspect a vessel in an area of the high seas that is covered by that organisation or arrangement, or in New Zealand fisheries waters, if— a: the vessel is not registered under the Ship Registration Act 1992 b: the flag State of the vessel is— i: a party to the Fish Stocks Agreement, whether or not the flag State is a member of, or a participant in, that organisation or arrangement; or ii: a member of or participant in that organisation or arrangement, and that organisation or arrangement has established boarding and inspection procedures as provided in Article 21.2 of the Fish Stocks Agreement. 2: If the flag State in relation to a vessel to which subsection (1) applies authorises the chief executive (in accordance with Article 21.6(b) of the Fish Stocks Agreement) to investigate whether the vessel has engaged in an activity contrary to those international conservation and management measures, a high seas fishery inspector has, in relation to the vessel,— a: all of the powers of a fishery officer; or b: if the flag State specifies the powers of a fishery officer that the high seas fishery inspector may exercise, those powers. Section 113S inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 113S(1)(b)(ii) substituted 1 October 2004 section 39 Fisheries Amendment Act (No 3) 2004 113T: Boarding and inspection procedures relating to foreign vessels 1: A high seas fishery inspector who boards a vessel under section 113S(1) a: give the master of the vessel evidence of the inspector's identity and of the fact that he or she is a high seas fishery inspector; and b: provide to the master of the vessel a copy of a report on the boarding and inspection, including any objection or statement that the master has advised the high seas fishery inspector that the master wishes to have included in the report; and c: promptly leave the vessel after completing the inspection unless he or she finds evidence that the vessel has committed a serious violation. 2: The chief executive must provide a copy of the report referred to in subsection (1)(b) to the authorities of the flag State of the vessel. 3: At the time of a boarding and inspection under section 113S(1) 4: A high seas fishery inspector must not interfere with any attempt by the master of the vessel to communicate with the authorities of the flag State of the vessel during the boarding and inspection. 5: When undertaking a boarding and inspection under section 113S(1) a: the vessel; and b: the vessel's authorisation to fish, or transport fish, aquatic life, or seaweed, in the relevant area of the high seas; and c: the vessel's fishing gear and equipment; and d: facilities; and e: fish and fish products; and f: records and other relevant documents. Section 113T inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 113U: Investigation of serious violations 1: If, as a result of a boarding and inspection under section 113S(1) a: the high seas fishery inspector must notify the chief executive as soon as practicable; and b: the chief executive must advise the authorities of the flag State of the vessel as soon as practicable. 2: A high seas fishery inspector may remain on board the vessel and may require the master to assist in further investigations for so long as the flag State— a: fails to respond to a notification under subsection (1); or b: fails to take action under its own law in respect of the serious violation. 3: The high seas fishery inspector may require the master to bring the vessel without delay to a port specified by the high seas fishery inspector if the flag State fails, within 3 working days after receipt by the authorities of the flag State of the notification, to— a: respond to a notification under subsection (1); or b: take action under its own law in respect of the serious violation. 4: In this section, working day a: Saturday or Sunday; or b: a public holiday in that State. Section 113U inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 113V: Boarding and inspection procedures modified by global, regional, or subregional fisheries organisation or arrangement 1: This section applies where— a: a global, regional, or subregional fisheries organisation or arrangement of which New Zealand is a member, or in which New Zealand is a participant, establishes procedures for boarding and inspection of vessels as provided in Article 21.2 of the Fish Stocks Agreement; and b: a high seas fishery inspector boards and inspects a foreign vessel under section 113S(1) 2: To the extent that the procedures established by the organisation or arrangement are different from the requirements of section 113T section 113U Section 113V inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 113W: Persons on New Zealand ships to co-operate with foreign high seas inspectors 1: The master of a ship must co-operate with a foreign high seas inspector appointed by a participating State that is a member of or participant in a global, regional, or subregional fisheries organisation or arrangement where— a: the ship— i: is registered under the Ship Registration Act 1992 ii: flies the New Zealand flag; and b: the ship is on the high seas in an area covered by that organisation or arrangement c: 2: The master of a ship must co-operate with a foreign high seas inspector appointed in relation to an area covered by a global, regional, or subregional fisheries organisation or arrangement where— a: the ship— i: is registered under the Ship Registration Act 1992 ii: flies the New Zealand flag; and b: the ship is on the high seas in an area covered by the organisation or arrangement; and ba: New Zealand is a member of the organisation or arrangement; and c: the organisation or arrangement has established procedures for boarding and inspecting vessels as provided in Article 21.2 of the Fish Stocks Agreement. 3: Every person on a ship to which subsection (1) or subsection (2) applies must— a: accept and facilitate prompt and safe boarding of the ship by the foreign high seas inspector; and b: co-operate with and assist in the inspection of the vessel; and c: not obstruct, intimidate, or interfere with the foreign high seas inspector in the performance of his or her duties; and d: allow the foreign high seas inspector to communicate with the authorities of New Zealand and of the State that appointed the inspector; and e: provide reasonable facilities to the foreign high seas inspector, including food and accommodation (where appropriate); and f: facilitate safe disembarkation from the ship by the foreign high seas inspector. 4: Every person who contravenes subsection (1), subsection (2), or subsection (3) commits an offence and is liable to the penalty set out in section 252(3) Section 113W inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 113W(1)(b) amended 1 October 2004 section 40(1) Fisheries Amendment Act (No 3) 2004 Section 113W(1)(c) repealed 1 October 2004 section 40(1) Fisheries Amendment Act (No 3) 2004 Section 113W(2)(ba) inserted 1 October 2004 section 40(2) Fisheries Amendment Act (No 3) 2004 113X: Powers of foreign high seas inspector when requested to investigate 1: The chief executive may authorise a foreign high seas inspector to investigate a ship that is registered under the Ship Registration Act 1992 a: the inspector has boarded the ship under— i: the Agreement; or ii: boarding and inspection procedures established as provided in Article 21.2 of the Agreement; and b: the chief executive receives a report from the inspector stating that there is evidence that the ship has taken or transported fish, aquatic life, or seaweed in contravention of international conservation and management measures. 2: If the chief executive authorises the foreign high seas inspector to investigate under Article 21.6(b) of the Fish Stocks Agreement,— a: the foreign high seas inspector has the powers of a fishery officer in relation to the ship; and b: the chief executive must advise the master of the ship as soon as practicable. 3: For the purposes of any proceedings for an offence under this Part, evidence obtained by a foreign high seas inspector in the exercise of powers under this section is admissible as if the evidence were obtained by a fishery officer. Section 113X inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 113Y: Chief executive may withdraw authorisation to fish under high seas fishing permit 1: This section applies where the chief executive receives a report from a foreign high seas inspector that a person on a ship is— a: failing to comply with section 113W b: failing to co-operate with or obstructing the foreign high seas inspector in the exercise of his or her powers under— i: the Fish Stocks Agreement; or ii: boarding and inspection procedures established as provided in Article 21.2 of the Agreement. 2: The chief executive may, by notice to the master of the ship (which notice may be given orally or by any form of electronic communication), suspend the high seas fishing permit under which the ship is taking or transporting fish. Section 113Y inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 Administrative penalties Heading inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 113Z: Administrative penalties for high seas fisheries offences 1: This section— a: applies in respect of an offence against this Part that carries a penalty of a fine not exceeding $250,000; but b: does not apply in respect of an alleged offence if a charging document has been filed 2: The chief executive may cause notice in writing, in the approved form, to be served on a person if the chief executive has reasonable cause to believe that— a: an offence to which this section applies may have been committed by that person; and b: having regard to all the circumstances relating to the alleged offence, it is minor; and c: having regard to the previous conduct of the vessel and of that person, it would be appropriate to impose a penalty under this section. 3: A notice given under subsection (2) must— a: contain— i: the date and nature of the alleged offence; and ii: a summary of the facts on which the allegation that an offence has been committed is based, which summary is sufficient to fully and fairly inform the person of the allegation against him or her; and iii: any other matters (other than previous convictions) that the chief executive considers relevant to the imposition of a penalty; and b: be endorsed with a statement setting out the provisions of this section and sections 113ZA to 113ZC Section 113Z inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 113Z(1)(b) amended 4 October 2013 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2013 113ZA: Right to require that offence be dealt with by court 1: Within 28 days after a notice under section 113Z 2: No further proceedings may be taken under section 113ZC a: a person gives notice in accordance with subsection (1); or b: the person does not, within 28 days after a notice under section 113Z section 113ZB 3: Nothing in this section prevents— a: the subsequent filing of a charging document b: the conviction of the person of the offence by a court; or c: the imposition of a penalty under an enactment, or forfeiture under this Act, on such a conviction. Section 113ZA inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 113ZA(3)(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 113ZB: Admission of offence A person on whom a notice under section 113Z a: admit the offence; and b: make submissions to the chief executive as to the matters the person wishes the chief executive to take into account in imposing a penalty under section 113ZC Section 113ZB inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 113ZC: Amount of administrative penalty 1: If the person admits an offence under section 113ZB 2: If the chief executive imposes a penalty on a person under this section in respect of an offence, the chief executive must cause a notice in writing, in the approved form, of the particulars of the penalty to be served on the person. 3: A person on whom a penalty is imposed under this section must pay the amount of the penalty to the Crown within 28 days after the notice of the penalty is served on the person in accordance with subsection (2). 4: Despite subsection (3), a penalty that has been imposed under this section is recoverable by the Crown, from the person on whom it has been imposed, in the same manner as a fine is recoverable on 5: Despite the provisions of this Act, or any other enactment, where a person admits an offence under section 113ZB charging document may be filed Section 113ZC inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 113ZC(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 113ZC(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Other matters Heading inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 113ZD: Visits by foreign ships 1: The master of a fishing vessel or fish carrier that is not a New Zealand ship, a New Zealand fishing vessel, or a registered fish carrier, who intends to bring the vessel into the internal waters or a port 2: If the chief executive is satisfied that a vessel has undermined international conservation and management measures, the chief executive may, by notice to the master of a vessel to which subsection (1) applies, direct the vessel— a: not to enter the internal waters or a port b: if it has entered the internal waters or a port of New Zealand, to leave those waters or that port. 3: If the Minister is satisfied on reasonable grounds that it is necessary for the purpose of the conservation and management of fish, aquatic life, or seaweed, the Minister may, by notice or a port 4: The master of a vessel to which a notice under subsection (2) or subsection (3) applies, who brings the vessel into the internal waters or a port section 252(5) 5: This section does not prevent a vessel from entering or remaining in the internal waters or a port of New Zealand in the case of force majeure 6: A notice under subsection (3) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 113ZD inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 113ZD(1) amended 1 October 2004 section 41(1) Fisheries Amendment Act (No 3) 2004 Section 113ZD(2)(a) amended 1 October 2004 section 41(1) Fisheries Amendment Act (No 3) 2004 Section 113ZD(2)(b) substituted 1 October 2004 section 41(2) Fisheries Amendment Act (No 3) 2004 Section 113ZD(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 113ZD(3) amended 1 October 2004 section 41(3) Fisheries Amendment Act (No 3) 2004 Section 113ZD(4) amended 1 October 2004 section 41(3) Fisheries Amendment Act (No 3) 2004 Section 113ZD(5) substituted 1 October 2004 section 41(4) Fisheries Amendment Act (No 3) 2004 Section 113ZD(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 113ZE: Consent of Attorney-General required for certain proceedings 1: This section applies to proceedings for offences under the following sections: a: section 113A b: section 113E 2: Despite anything in any other enactment, those proceedings may not be instituted in any court except with the consent of the Attorney-General and on the Attorney-General's certificate that it is expedient that the proceedings should be instituted. 1996 No 22 s 27 Section 113ZE inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 113ZF: Authorised agent A document required to be served on the holder of a high seas fishing permit is deemed to have been duly served if it is— a: delivered to a representative person for the time being specified under section 103(2)(c) section 105(2)(c) b: sent to that person by post at the address notified or last notified to the chief executive; or c: left for that person at that address. Section 113ZF inserted 1 May 2001 section 16 Fisheries Act 1996 Amendment Act (No 2) 1999 7: Dispute resolution 114: Application of this Part This Part— a: applies to disputes about the effects of fishing ( excluding b: does not apply to disputes about ensuring sustainability or about the effects of any fishing authorised under Part 9 Section 114(a) amended 1 January 2005 section 7 Fisheries Amendment Act (No 3) 2004 Statement of procedure 115: Minister to issue statement of procedure 1: Within 6 months after the commencement of this section, the Minister shall publicly notify the availability, at such places as he or she specifies in the notice, of a draft statement of procedure for the resolution of disputes to which this Part applies. 2: Any person may, within 30 working days after the public notification of the availability of the draft statement of procedure under subsection (1), make a submission to the Minister about the draft statement of procedure. 3: The Minister shall, after having due regard to the submissions (if any) received on the draft statement of procedure, and within 30 working days of the close of the period referred to in subsection (2), approve a statement of procedure for the resolution of disputes to which this Part applies. 4: The Minister shall publicly notify the availability, at such places as he or she specifies in the notice, of the approved statement of procedure. 5: The Minister shall from time to time, at such intervals as he or she considers appropriate, review the approved statement of procedure and may, at any time,— a: amend the statement; or b: revoke the statement and substitute a new statement;— and subsections (2) to (4), with any necessary modifications, shall apply to every such amendment or substituted statement. 116: Content of statement of procedure The statement of procedure under section 115 a: a process by which any interested party may identify a dispute to which this Part applies; and b: a process and guidelines to determine whether a dispute relates to a matter that significantly affects the fishing activities of 1 or more persons; and c: input and participation by tangata whenua having a non-commercial interest in the fisheries resources concerned, having particular regard to kaitiakitanga; and d: opportunities for parties to negotiate, take collective action (if appropriate), and resolve disputes; and e: the outcome of any resolution processes to be forwarded to the Minister. Fisheries Dispute Commissioners 117: Minister may appoint Fisheries Dispute Commissioner to resolve dispute 1: The Minister may, on the Minister's own motion or at the request of any party to the dispute, appoint a Fisheries Dispute Commissioner to inquire into a dispute, if— a: the parties to the dispute are unable to resolve the dispute in accordance with the approved statement of procedure under section 115 b: the Minister is satisfied that— i: the dispute is a dispute to which this Part applies; and ii: there is no reasonable prospect of a negotiated solution being reached; and iii: the dispute relates to a matter that has a significant adverse effect on the fishing activities of 1 or more persons. 2: Any party making a request to the Minister under this section shall, as soon as practicable after making the request, notify every other party to the dispute that such a request has been made. 3: Subject to subsection (4), the Minister shall, within 40 working days after any party to a dispute requests the appointment of a Commissioner,— a: decide whether or not to appoint a Commissioner; and b: notify any party of either— i: the name of the Commissioner; or ii: the reasons for deciding not to appoint a Commissioner. 4: The Minister may, at any time before the expiration of the 40-day period referred to in subsection (3), from time to time extend that period by such further period not exceeding 80 working days as he or she considers necessary; and, in such case, the Minister shall, as soon as practicable, notify the parties of the extension and of the reasons for that extension. 5: When appointing a Commissioner, the Minister shall specify to the Commissioner the nature of the dispute that is subject to the inquiry. 118: Inquiries 1: For each inquiry, a Commissioner shall determine the procedure that he or she considers appropriate and fair in the circumstances. 2: The Commissioner shall seek and consider— a: submissions from parties to the inquiry; and b: submissions from such other persons or organisations as the Commissioner considers appropriate. 3: The Commissioner may receive in evidence any statement, document, information, or matter, that may, in the Commissioner's opinion, assist the Commissioner to deal effectively with the dispute before him or her, whether or not the same would otherwise be admissible in a court of law. 4: The Commissioner may— a: examine, on oath or otherwise, 1 or more of the parties, or any person whose evidence has been received by the Commissioner under subsection (3): b: require any person to verify by statutory declaration any statement made by that person with respect to the dispute. 5: If the Commissioner is not satisfied that the dispute is one to which this Part applies, he or she shall refer the dispute back to the Minister and give reasons for doing so. 6: Without limiting any other provision in this Part, every Commissioner shall have, and may exercise, such powers as are reasonably necessary or expedient to enable the Commissioner to carry out his or her functions. 7: The parties to the dispute are the parties to the inquiry. 119: Secretarial services 1: The chief executive shall designate an employee of the Ministry to be the secretary to a Commissioner, and shall also provide from the Ministry such secretarial, recording, accounting, and clerical services as may be necessary to enable a Commissioner to discharge his or her functions. 2: All expenses incurred in respect of the functions of a Commissioner shall be paid out of money appropriated for that purpose by Parliament. 120: Fees and allowances of Commissioner A Commissioner shall be paid such fees and other allowances as the Minister may from time to time approve, which fees and allowances shall be reasonable in the circumstances and be paid out of money appropriated for that purpose by Parliament. 1993 No 95 s 63(3) 121: Protection of sensitive information 1: A Commissioner may, on the Commissioner's own motion or on the application of a party to the inquiry, make an order prohibiting or restricting the publication or communication of any information supplied to the Commissioner, or obtained by the Commissioner, in the course of any inquiry, whether or not the information may be material to the inquiry. 2: A Commissioner shall make an order described in subsection (1) only if satisfied that the order is necessary— a: to avoid serious offence to tikanga Maori or to avoid the disclosure of the location of wahi tapu; or b: to avoid the disclosure of a trade secret; or c: to avoid unreasonable prejudice to the position of the person who supplied, or is the subject of, the information,— and is satisfied that, in the circumstances of the dispute, the importance of protecting the interests referred to in this section outweighs the public interest in making the information available. 3: Every person commits an offence and is liable to the penalty set out in section 252(6) 1991 No 69 s 42 1993 No 95 s 66 122: Commissioner to report to Minister within 60 working days 1: Subject to subsection (2), a Commissioner shall, within 60 working days of appointment, give the Minister a report on the dispute including recommendations for resolving the dispute (which may include taking no action) together with the reasons for such recommendations. 2: A Commissioner shall not recommend any option that is likely to have a significant adverse effect on the fishing activities of any person who has any current fishing interests provided for or authorised by or under this Act. 3: The Minister may from time to time extend by such period as he or she considers necessary the period referred to in subsection (1); and, if the Minister does extend that period, the Minister shall, as soon as practicable, notify the parties to the inquiry of the extension and of the reasons for that extension. 123: Minister to determine dispute 1: If there is a dispute to which this Part applies, the Minister shall,— a: in the case of a dispute referred to a Commissioner, determine the dispute as soon as practicable after receiving and considering the Commissioner's report under section 122 b: in any other case, if the Minister is satisfied that the dispute could not be resolved in accordance with the approved statement of procedure under section 115 2: Without limiting the Minister's power to make a determination under subsection (1), the Minister may determine in any case that no action be taken. 3: The Minister shall not make a determination under subsection (1) that is likely to have a significant adverse effect on the fishing activities of any person who has any current fishing interests provided for or authorised by or under this Act. 4: The Minister shall give reasons for every determination made under subsection (1). 5: The Minister shall— a: give each of the parties to the dispute notice in writing of the determination; and b: give notice of the determination in at least 1 newspaper circulating in the area concerned. 6: Without limiting the generality of section 297 8: Registration of transfers, mortgages, caveats, etc Administration 124: Registers 1: The chief executive shall keep, in respect of each quota management stock,— a: a register to be called the Quota Register: b: a register to be called the Annual Catch Entitlement Register; and there shall be separate Annual Catch Entitlement Registers for each fishing year. 2: The registers may be kept in the form of information stored by means of a computer. 3: The registers may be kept in conjunction with any other register required to be kept under this Act. 4: The Crown owns all information contained in any Quota Register or Annual Catch Entitlement Register that is required by this Act to be contained in that register. 5: Without limiting anything in section 297 125: Appointment of Registrars Section 125 repealed 9 September 1999 section 85(g) Fisheries Act 1996 Amendment Act 1999 126: Chief executive to have use of seal 1: The chief executive must have and use a seal that includes the words Registry of Quota, New Zealand Registry of Annual Catch Entitlement, New Zealand 2: Every document bearing the imprint of the chief executive's seal. and purporting to be signed or issued by the chief executive or a person authorised to sign on the chief executive's behalf is, in the absence of proof to the contrary, deemed to be signed or issued by or under the direction of the chief executive. Section 126 substituted 1 October 2001 section 41 Fisheries Act 1996 Amendment Act 1999 127: Matters to be shown in Quota Register 1: Each Quota Register shall contain the following particulars (if applicable) for each stock to which that Quota Register relates: a: the total allowable catch: b: the total allowable commercial catch: c: the individual transferable quota allocated to each person: d: every registered transfer of individual transferable quota (whether by operation of law or otherwise) and every registered transfer of provisional individual transferable quota by operation of law, and— i: the names of the transferor and the transferee; and ii: the number of quota shares transferred; and iii: the time and date of the registration of the transfer: e: the provisional individual transferable quota allocated to each person: f: the provisional catch history allocated to each person: g: every registered transfer of provisional catch history (whether by operation of law or otherwise), and— i: the names of the transferor and the transferee; and ii: the amount in kilogrammes of provisional catch history transferred; and iii: the time and date of the registration of the transfer: h: every increase and every decrease of the number of quota shares held by any person that results from the transfer by the Crown of any quota by virtue of the operation of section 22 section 23 section 52 i: the aggregate holding of each kind of quota and provisional catch history held by each person: j: every caveat registered in respect of any quota shares under section 159 i: the names of the caveator and the quota owner over whose quota shares the caveat is registered; and ii: the time and date of the registration of the caveat; and iii: the number of quota shares over which the caveat is registered; and iv: the type of caveat being imposed; and v: the date (if any) on which the caveat will lapse; and vi: the date on which the caveat is withdrawn: ja: every settlement quota interest registered under section 152A i: the name of Te Ohu Kai Moana Trustee Limited and of the quota owner over whose quota shares the settlement quota interest is registered; and ii: the time and date of registration of the settlement quota interest; and iii: the number of quota shares over which the settlement quota interest is registered: k: every mortgage registered under section 159 i: the names of the mortgagor and the mortgagee; and ii: the time and date of the registration of the mortgage; and iii: the number of quota shares secured by the mortgage; and iv: every variation of the terms of the mortgage; and v: every assignment of the mortgage; and vi: the time and date of discharge of the mortgage: l: every memorial registered under this Act, and the reason for the memorial: m: every forfeiture of quota or provisional catch history under this Act, including— i: the time and date of the registration of the resulting transfer to the Crown of the quota or provisional catch history; and ii: the number of quota shares or kilogrammes of provisional catch history transferred to the Crown ; and iii: that any settlement quota that is forfeit is subject to a settlement quota interest registered under section 152A n: such other matters as may be required by regulations made under section 297 2: Each Quota Register shall contain the last known postal address of the quota owner and persons having a registered interest in the quota. 3: Each Quota Register shall contain corrections made under section 165 Section 127(1)(ja) inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 127(1)(k)(v) substituted 1 October 2001 section 13 Fisheries (Remedial Issues) Amendment Act 2001 Section 127(1)(k)(vi) added 1 October 2001 section 13 Fisheries (Remedial Issues) Amendment Act 2001 Section 127(1)(m)(ii) amended 29 November 2004 section 214 Maori Fisheries Act 2004 Section 127(1)(m)(iii) added 29 November 2004 section 214 Maori Fisheries Act 2004 128: Matters to be shown in Annual Catch Entitlement Register 1: Each Annual Catch Entitlement Register shall, in respect of the year to which it applies, contain the following particulars (if applicable) in respect of the stock to which it relates: a: every annual catch entitlement held by any person at any time: b: the amount of annual catch entitlement that is allocated under section 67 section 67A ba: the amount of annual catch entitlement that is allocated under section 68 c: every registered transfer of annual catch entitlement (whether by operation of law or otherwise), and— i: the names of the transferor and the transferee; and ii: the amount (in kilogrammes) of annual catch entitlement transferred; and iii: the time and date of registration: d: every transfer of annual catch entitlement received for registration under section 133 i: the names of the transferor and the transferee; and ii: the amount (in kilogrammes) of annual catch entitlement to be transferred; and iii: the time and date of the chief executive's e: every caveat registered in respect of the annual catch entitlement under section 159 i: the names of the caveator and the annual catch entitlement owner over whose annual catch entitlement the caveat is registered; and ii: the time and date of the registration of the caveat; and iii: the amount (in kilogrammes) of annual catch entitlement over which the caveat is registered; and iv: the type of caveat being imposed; and v: the date (if any) on which the caveat will lapse; and vi: the date on which the caveat is withdrawn: f: every forfeiture of annual catch entitlement under this Act, including— i: the time and date of the registration of the resulting transfer to the Crown of the annual catch entitlement; and ii: the amount (in kilogrammes) of annual catch entitlement transferred to the Crown: g: all reported catch of the stock taken in the year to which the register relates and notified by the chief executive under section 80(11) h: such other matters as may be required by regulations made under section 297 2: Each Annual Catch Entitlement Register shall contain the last known postal address of the annual catch entitlement owner and persons having a registered interest in the annual catch entitlement. 3: Each Annual Catch Entitlement Register shall contain corrections made under section 165 Section 128(1)(b) substituted 1 October 2001 section 42 Fisheries Act 1996 Amendment Act 1999 Section 128(1)(ba) inserted 1 October 2001 section 42 Fisheries Act 1996 Amendment Act 1999 Section 128(1)(d)(iii) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 129: Registers to be open for inspection 1: The registers kept under this Part must be open for inspection by members of the public on payment of the prescribed fee (if any) during ordinary office hours, and the chief executive must, on request and on payment of a reasonable charge, supply to any person copies of all or any part of a register. 1A: Subsection (1) section 130 2: The Crown is not liable in damages for any loss or damage resulting from any inaccuracy in any search of a register or a correct search of an inaccurate entry in a register, including any search by, or on behalf of, the chief executive 3: If the chief executive chief executive 1989 No 148 s 28 Section 129(1) replaced 1 December 2020 section 217 Privacy Act 2020 Section 129(1A) inserted 1 December 2020 section 217 Privacy Act 2020 Section 129(2) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 129(3) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 130: Chief executive 1: For the purpose of this Act, the chief executive 2: Any register may be closed for a period exceeding 48 hours if the chief executive so directs after consulting such persons or organisations as the chief executive considers are representative of the classes of owners of the quota or annual catch entitlements affected by the closure. 3: Before closing any register under subsection (1) or subsection (2), the chief executive 4: While any register is closed during a period referred to in subsection (1) or subsection (2), the chief executive Section 130 heading amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 130(1) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 130(3) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 130(4) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 131: Liability of officers Section 131 repealed 9 September 1999 section 85(g) Fisheries Act 1996 Amendment Act 1999 Transfers of quota or annual catch entitlement 132: Transfers of individual transferable quota 1: No transfer of individual transferable quota for any stock shall be registered under this Act unless, at the time the transfer is to be registered,— a: the transferor owns the individual transferable quota shares to be transferred; and b: the quota shares to be transferred are not subject to any caveat or mortgage registered under this Act ; and c: in the case of quota shares subject to a settlement quota interest registered under section 152A section 158 ; and d: the person is not an overseas person or, if an overseas person, either has obtained consent under the overseas investment fishing provisions to acquire quota or is exempt from the requirement for that consent. 2: A part of an individual transferable quota share is not transferable. 3: The chief executive 4: Provisional individual transferable quota is not transferable except by operation of law. Section 132(1)(b) amended 29 November 2004 section 214 Maori Fisheries Act 2004 Section 132(1)(c) added 29 November 2004 section 214 Maori Fisheries Act 2004 Section 132(1)(c) amended 25 August 2005 section 75 Overseas Investment Act 2005 Section 132(1)(d) added 25 August 2005 section 75 Overseas Investment Act 2005 Section 132(3) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 132(4) added 1 October 2001 section 14 Fisheries (Remedial Issues) Amendment Act 2001 133: Transfers of annual catch entitlement 1: No transfer of annual catch entitlement for any stock shall be registered under this Act unless, at the time the transfer is to be registered,— a: the transferor owns the annual catch entitlement to be transferred; and b: the amount of annual catch entitlement to be transferred is not subject to any caveat registered under this Act ; and c: the person is not an overseas person or, if an overseas person, either has obtained consent under the overseas investment fishing provisions to acquire annual catch entitlement or is exempt from the requirement for that consent. 2: Subsection (4) does not prevent the chief executive 3: A part of a kilogramme of annual catch entitlement is not transferable. 4: The chief executive Section 133(1)(b) amended 25 August 2005 section 75 Overseas Investment Act 2005 Section 133(1)(c) added 25 August 2005 section 75 Overseas Investment Act 2005 Section 133(2) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 133(4) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 134: Annual catch entitlement transferable during extended trading period A transfer of annual catch entitlement may be registered at any time before the close of the 15th day after the end of the fishing year in which it is generated or created and shall be effective for all the purposes of this Act for that fishing year. 135: Other dealings in quota or annual catch entitlement 1: No person may deal with quota, annual catch entitlement, or provisional catch history for the purpose of this Act otherwise than in accordance with this Act, and any dealing that is not in accordance with this Act has no effect for the purpose of this Act. 2: Subsection (1) does not provide a defence to any proceedings for an offence against this Act nor of itself disproves any association between 2 or more persons. Mortgages of quota 136: Mortgages of quota 1: Except as otherwise expressly provided by this Act, any quota shares may be subject to a mortgage. 1A: Section 167(1) and (2) 2: A mortgage of quota shares prevents the registration of any transfer of quota shares owned by the mortgagor if the transfer would reduce the number of quota shares in any stock owned by the mortgagor to a number less than the number of quota shares for that stock subject to the mortgage. 3: Every mortgage of quota shares shall state the number of quota shares to be charged at the time of registration of the mortgage. 4: Except as otherwise provided by this Act, the chief executive section 159 a: the mortgagor owns a number of quota shares in that stock equal to or greater than the number of quota shares in that stock over which the mortgage is to be registered; and b: the number of quota shares to be mortgaged is not subject to any caveat or other mortgage registered under this Act. 5: A mortgage under this Act shall have effect as a security, but shall not operate as a transfer of the quota shares charged. Section 136(1A) inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 136(4) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 137: Mortgages of annual catch entitlement prohibited No annual catch entitlement shall be subject to a mortgage and no mortgage over any annual catch entitlement has any effect for the purpose of this Act. 138: Variation of terms of mortgage by endorsement The number of quota shares in any stock secured by a mortgage under this Act may be increased or reduced by a memorandum of variation in the approved form. 1989 No 148 s 75 138A: Assignment of mortgages A mortgagee may assign to another person the mortgagee's rights, interests, and obligations under that mortgage by a memorandum of assignment in the approved form. Section 138A inserted 1 October 2001 section 15 Fisheries (Remedial Issues) Amendment Act 2001 139: Rights of mortgagee 1: Without limiting the covenants, conditions, and powers that may, by agreement between the mortgagor and the mortgagee, be contained in a mortgage of quota shares, a mortgage of quota shares shall confer on the mortgagee, in the event of default by the mortgagor in the performance or observance of any covenant contained or implied in the mortgage, the power to sell in whole or in part the number of quota shares subject to the mortgage. 2: A power of sale under this section is subject to the following provisions: a: a mortgagee's power of sale over any provisional individual transferable quota shares is not exercisable until the provisional individual transferable quota shares become individual transferable quota shares: b: a mortgagee's power of sale over any quota shares is not exercisable if the quota is subject to a Crown caveat under section 58 section 61 section 214 c: the restrictions on a mortgagee's power of sale defined in section 140A 1989 No 148 s 78 Section 139(2)(c) added 29 November 2004 section 214 Maori Fisheries Act 2004 140: Restriction on exercise of power of sale 1: No power conferred by any mortgage to sell any quota shares shall, subject to section 141 a: any default in the payment of any money secured by any mortgage of any quota shares; or b: any default in the performance or observance of any other covenant expressed or implied in the mortgage,— unless and until the mortgagee serves on the mortgagor a notice that complies with the requirements of this section, and (in any case if the default complained of is capable of remedy) the mortgagor fails to remedy the default before the date stated in the notice. 2: Every notice under subsection (1) shall inform the mortgagor of— a: the nature and extent of the default complained of; and b: the date by which the mortgagor is required to remedy the default (if it is capable of remedy); and c: the rights that the mortgagee will be entitled to exercise if the default is not remedied within the stated period. 3: Any notice given under subsection (1) that does not comply with subsection (2) shall be void unless the failure does not materially prejudice the interests of the mortgagor. 4: The date to be stated in the notice shall be not earlier than 1 month from the service of the notice. 5: In addition to giving the notice under subsection (1), if any of the quota shares are subject to a caveat registered under this Act and the mortgagee has actual notice of the name and address of the caveator, the mortgagee shall forthwith, after serving notice on the quota owner, serve a copy of the notice on the caveator; but failure to comply with this subsection does not in itself prevent any of the powers referred to in subsection (1) from becoming or being deemed to have become exercisable and does not prevent any money secured by a mortgage from becoming or being deemed to have become payable. 5A: In addition to giving the notice under subsection (1), if any of the quota shares are subject to a settlement quota interest registered under section 152A 6: For the purposes of subsection (1), the entering into of a contract to sell or the granting of an option to purchase quota shares shall not be regarded as the exercise of a power of sale if the contract or option is conditional (either solely or together with other conditions) on the failure by the owner to remedy a default specified in a notice under this section served either before or after the contract is entered into or the option is granted, as the case may be. 7: A mortgagee who exercises a power of sale of quota shares owes a duty to the mortgagor to take reasonable care to obtain the best price reasonably obtainable as at the time of sale. 8: Notwithstanding any enactment or rule of law or anything contained in any deed or instrument by or under which the power of sale is conferred,— a: it is not a defence to proceedings against a mortgagee for a breach of the duty imposed by subsection (7) that the mortgagee was acting as the mortgagor's agent or under a power of attorney from the mortgagor: b: a mortgagee is not entitled to compensation or indemnity from the mortgaged quota shares or the mortgagor in respect of any liability incurred by the mortgagee arising from a breach of the duty imposed by subsection (7). 1952 No 51 ss 92(1AA) 103A 103B 1989 No 148 s 79 Section 140(5A) inserted 29 November 2004 section 214 Maori Fisheries Act 2004 140A: Restriction on transfer by mortgagee 1: Despite sections 139 140 sections 161 163 2: Despite section 145(1) Section 140A inserted 29 November 2004 section 214 Maori Fisheries Act 2004 141: Court may permit mortgagee to exercise power before period expired 1: Any court may, on the application of a mortgagee made ex parte section 140 2: Leave may be granted under subsection (1) either unconditionally or upon and subject to such conditions as the court thinks fit. 1952 No 51 ss 92(1AA) 103A 103B 1989 No 148 s 81 142: Restriction on action to recover deficiency 1: If at any time the mortgagee exercises the power of sale and the amount realised is less than the amount owing under the covenant to repay expressed or implied in the mortgage, no action to recover the amount of the deficiency, or any part of the deficiency, shall be commenced by the mortgagee against any person (other than the mortgagor of the quota at the time of the exercise of the power of sale) unless the mortgagee, at least 1 month before the exercise of the power of sale, serves on that person notice of the mortgagee's intention to exercise the power of sale and to commence action against that person to recover the amount of the deficiency in the event of the amount realised being less than the amount owing under the covenant to repay. 2: A court may, on the application of a mortgagee made ex parte 1989 No 148 s 82 143: No contracting out Sections 139 to 142 1989 No 148 s 83 144: Application of purchase money The purchase money from the sale by the mortgagee of any quota shares shall be applied as follows: a: first, in payment of the expenses occasioned by the sale: b: secondly, in payment of the money then due or owing to the mortgagee: c: thirdly, to the Crown in payment of any levies under Part 14 d: fourthly, the surplus (if any) shall be paid to the mortgagor. 1989 No 148 s 84 145: Transfer by mortgagee 1: Notwithstanding section 148 1A: Subsection (1) does not limit section 152B(3) and (4) 2: Upon registration of such a transfer, every caveat over the quota shares being transferred lapses in respect of those shares, and the interests of the mortgagor expressed in that transfer to be transferred pass to and vest in the purchaser, freed and discharged of the interest claimed by the caveator. 3: The chief executive 4: If a mortgagee gives a receipt in writing in respect of any money arising under an exercise of the power of sale conferred by this Part, or any money or securities comprised in the mortgagee's mortgage or arising under the mortgage, the receipt is a sufficient discharge for that money or those securities, and a person paying or transferring the money or securities to the mortgagee shall not be concerned to inquire whether any money remains due under the mortgage or to see to the application of the money or securities so paid or transferred. 1952 No 51 s 98(1) 1989 No 148 s 85 Section 145(1A) inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 145(3) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 146: Discharge of mortgage 1: If the sum secured by a mortgage has been paid off either wholly or in part, or if for any other reason the mortgagee has become bound to discharge the mortgage, the mortgagee must execute 2: A memorandum of discharge, when registered under this Act, discharges the quota shares from the mortgage to the extent specified in that memorandum. 1989 No 148 s 86 Section 146(1) amended 1 October 2001 section 16 Fisheries (Remedial Issues) Amendment Act 2001 Caveats 147: Types of caveats A caveat may, subject to section 149(2) a: at the request of any person with the consent of the owner of those quota shares or that annual catch entitlement: b: at the direction of the chief executive under section 58 section 61 section 214 section 268 c: at the direction or order of a court in any civil proceedings. Section 147(b) amended 1 October 2001 section 43 Fisheries Act 1996 Amendment Act 1999 148: Effect of caveat 1: While a caveat remains in force, the chief executive 2: Subsection (1) does not prevent the chief executive a: a transfer of the caveated quota shares or annual catch entitlement, and constitutes a withdrawal of the caveat in respect of the quota shares or annual catch entitlement transferred; or b: a mortgage of the caveated quota shares. 1989 No 148 s 91 Section 148(1) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 148(2) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 149: Caveat against transfer of quota or annual catch entitlement 1: If— a: the owner of the quota shares or annual catch entitlement concerned and any other person jointly lodge a caveat in the approved form with the chief executive b: a court directs or orders that a caveat be lodged; or c: the chief executive directs that a caveat be lodged under section 58 section 61 section 214 section 268 the chief executive section 159 2: Except as otherwise provided by this Act, the chief executive section 159 a: the person whose quota shares or annual catch entitlement is being caveated owns a number of quota shares or an amount of annual catch entitlement, as the case may be, in the relevant stock equal to or greater than the number of quota shares or amount of annual catch entitlement over which the caveat is to be registered; and b: in the case of a caveat lodged under subsection (1)(a), the quota shares or annual catch entitlement to be the subject of the caveat are not already subject to any other caveat registered under this Act. 1989 No 148 s 89 Section 149(1) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 149(1)(a) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 149(1)(c) amended 1 October 2001 section 44 Fisheries Act 1996 Amendment Act 1999 Section 149(2) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 150: Caveat may be withdrawn 1: Any caveat may, either as to the whole or any part of the quota or annual catch entitlement protected by the caveat, be withdrawn by the person whose interests are protected by the caveat or by the person's attorney or agent under a written authority. 2: Every withdrawal of a caveat shall be in the approved form. 3: If a caveat has been registered for a stated period, the caveat shall lapse at the close of that period. 1989 No 148 ss 94 96 151: Procedure for removal of caveat 1: The owner of quota or annual catch entitlement against which a caveat has been lodged may apply to any court for an order that the caveat be removed. 2: The court, upon proof that notice of the application has been served on the caveator or the person on whose behalf the caveat has been lodged, may— a: order that the caveat be removed entirely: b: order that the caveat be removed in part or in respect of any particular transaction: c: impose such sureties and conditions as it thinks fit: d: make such other orders in respect of the caveat as it thinks fit. 3: This section does not apply to caveats imposed under section 58 section 61 section 214 1989 No 148 s 93 152: Person entering or maintaining caveat without due cause liable for damages Any person who lodges a caveat and who, when that caveat is no longer needed to protect any interest of the caveator, fails, without reasonable cause, to withdraw that caveat as soon as reasonably practicable after having been requested to do so by any person prejudicially affected by the caveat, is liable in damages for any loss or damage suffered by any person as a result of the failure to withdraw the caveat. 1989 No 148 s 95 Settlement quota interests Heading inserted 29 November 2004 section 214 Maori Fisheries Act 2004 152A: Registration The chief executive must register a settlement quota interest against the quota shares notified by Te Ohu Kai Moana Trustee Limited as soon as reasonably practicable after receiving— a: a request in accordance with section 160(2) b: payment by Te Ohu Kai Moana Trustee Limited of the prescribed fee. Section 152A inserted 29 November 2004 section 214 Maori Fisheries Act 2004 152B: Effect of registering settlement quota interest against quota shares 1: Between the appointed day and the time when a settlement quota interest is registered against the quota specified by Te Ohu Kai Moana Trustee Limited, there must be no dealings with the quota shares listed in Schedule 1 2: While there is a settlement quota interest registered against quota, no transfer of that quota may be registered unless— a: the transfer is— i: authorised by Te Ohu Kai Moana Trustee Limited and the owner under section 160 ii: ordered by the court; or b: the settlement quota is forfeit to the Crown under section 61 sections 255 to 255E 3: To avoid doubt, a settlement quota interest remains in force if settlement quota is transferred, unless the settlement quota interest is removed in accordance with section 160 4: However, the fact that a settlement quota interest is registered against the quota does not exclude the quota from being subject to a mortgage or caveat under this Act. 5: Subsection (2) overrides section 145(1) Section 152B inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Effect of decrease in or cancellation of quota 153: Effect of decrease in quota shares 1: This section applies where— a: either— i: a transfer of quota shares in any stock to any person holding preferential allocation rights under section 23 ii: any determination of an appeal under section 51 section 52 b: as a result of the deduction, the number of quota shares in that stock held by the owner is less than the total number of quota shares in that stock subject to a mortgage or caveat immediately before the deduction. 2: Where a deduction referred to in subsection (1)(a)(i) is required and there are 1 or more mortgages or caveats registered over the quota shares owned by the quota owner, then the number of shares secured by any 1 or more of those mortgages or caveats must be reduced in the manner prescribed by regulations made under this Act in accordance with the quota share reduction principles set out in subsection (4). 3: If any quota owner, or the chief executive, has appealed under section 51 a: all provisional individual transferable quota for the relevant stock owned by that quota owner must, at the chief executive's direction, be transferred to the Crown in accordance with section 52 b: if any provisional individual transferable quota shares so transferred were subject to a mortgage or caveat, the mortgage or caveat ceases to apply to the transferred provisional individual transferable quota shares, and instead applies to the same number of individual transferable quota shares transferred to that quota owner under section 52 c: if, as a result of such transfers, the number of individual transferable quota shares in the relevant stock owned by the quota owner is less than the number of provisional individual transferable quota shares that were subject to the mortgage or caveat and there are 1 or more mortgages or caveats registered over the provisional individual transferable quota shares owned by the quota owner, then the number of shares secured by any 1 or more of those mortgages or caveats must be reduced in the manner prescribed by regulations made under this Act in accordance with the quota share reduction principles set out in subsection (4). 4: The quota share reduction principles referred to in subsections (2) and (3)(c) are as follows: a: the total number of shares subject to any individual caveat may not exceed the total number of shares owned by the quota owner concerned: b: the total number of shares subject to all caveats may exceed the total number of shares owned by the quota owner: c: where quota shares subject to caveats must be reduced, they must be reduced to equal the number of shares owned by the quota owner: d: the total number of shares subject to all mortgages may not exceed the total number of shares owned by the quota owner concerned: e: the total number of shares subject to all mortgages and caveats that were registered prior to the last registered mortgage may not exceed the total number of shares owned by the quota owner: f: where quota shares subject to mortgages must be reduced, the shares subject to the most recently registered mortgage must be reduced first, and the shares subject to any earlier registered mortgage may only be reduced after the first-mentioned mortgage has had its security eliminated completely by the reduction. 5: The chief executive must make on the register any entry necessary to show that the quota has been transferred in accordance with section 23 section 52 Section 153 substituted 1 October 2004 section 42 Fisheries Amendment Act (No 3) 2004 154: Effect of alteration of quota management area 1: If 1 or more quota management areas are altered under section 25 a: any mortgage or caveat over any quota that is cancelled as a result of the alteration shall cease to apply to the cancelled quota and shall instead apply to the new quota allocated to the quota owner concerned as a result of that alteration; and b: the number of new quota shares to be charged or caveated shall bear the same proportion to the quota owner's total shareholding of those shares as the number of shares charged or caveated immediately before the alteration bore to the quota owner's total shareholding for the areas affected by the alteration. 2: The chief executive section 26 3: Subject to subsections (1) and (2), an alteration of 1 or more quota management areas does not affect any rights under a caveat or mortgage of quota shares. Section 154(2) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Registration procedure 155: Transactions not effectual until registered No transaction has any effect for the purpose of this Act until it is registered in accordance with this Part. 1989 No 148 s 27 156: When transactions deemed registered Every transaction registered under this Act shall be deemed to have been registered for the purpose of this Act at the time recorded in the register as the time at which the transaction was registered. 1989 No 148 s 13 157: Application for registration Every application to register a transaction shall— a: be made by presenting to the chief executive b: contain such particulars as are specified in the approved form (if any); and c: be executed in the manner specified in the approved form (if any); and d: be accompanied by the prescribed fee (if any). 1989 No 148 s 64 Section 157(a) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 158: Priority according to time of registration 1: Instruments presented for registration under this Act shall be registered in the chronological order in which they are received by the chief executive chief executive 2: Regulations under section 297 1989 No 148 s 15 Section 158(1) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 158(2) substituted 1 October 2001 section 17 Fisheries (Remedial Issues) Amendment Act 2001 159: Registration procedure 1: On receipt of an application that complies with section 157 the chief executive, the chief executive a: record in the appropriate register the particulars set out in the instrument required by this Act to be registered and the time at which the particulars are so recorded; and b: issue c: forward the registration notice to the person who presented the instrument for registration and forward duplicates of the notice to each of the other parties to the transaction; and d: if a caveat is registered over any quota shares, give notice of the registration of the caveat to the owner (if not otherwise notified) and any mortgagee of those shares and to any other caveator of those shares; and e: if a caveat is registered over any annual catch entitlement, give notice of the registration of the caveat to the owner (if not otherwise notified) and any other caveator of that annual catch entitlement. 2: For the purposes of subsection (1)(c), the mortgagor is treated as a party to a transaction that is an assignment. 1989 No 148 s 17 Section 159(1) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 159(1)(b) amended 1 October 2001 section 45 Fisheries Act 1996 Amendment Act 1999 Section 159(2) added 1 October 2001 section 18 Fisheries (Remedial Issues) Amendment Act 2001 160: Provisions relating to defective applications for registration 1: If— a: any document relating to a transaction lodged for registration; or b: any document presented for registration together with any other documents— is found not to be in order for the purposes of registration, the chief executive chief executive 2: Before returning any documents in accordance with subsection (1),— a: the chief executive b: shall file the copy in the chief executive's 3: If any documents are returned as provided in subsection (1), those documents shall be deemed not to have been presented for registration but the fee (if any) paid to the chief executive 1989 No 148 ss 18 20(2) 21(a), (b) 22 Section 160(1) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 160(2)(a) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 160(2)(b) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 160(3) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Acquisitions by operation of law 161: Person claiming under operation of law may apply to have interest registered 1: Any person claiming to be entitled by operation of law to be registered as the owner, mortgagee, or caveator of any quota shares, or the holder of any provisional catch history, chief executive 2: Every application under subsection (1) shall be accompanied by such evidence in support of the application as may be necessary to satisfy the chief executive or the holder of any provisional catch history, 3: Every application in relation to provisional catch history must be submitted within the transfer period referred to in section 37(2) 1989 No 148 s 87(1), (2) Section 161(1) amended 1 October 2001 section 46(1) Fisheries Act 1996 Amendment Act 1999 Section 161(1) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 161(2) amended 1 October 2001 section 46(2) Fisheries Act 1996 Amendment Act 1999 Section 161(2) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 161(3) added 1 October 2001 section 46(3) Fisheries Act 1996 Amendment Act 1999 162: Procedure on application 1: If, on any application under section 161 chief executive chief executive section 159 or as the holder of any provisional catch history, 2: After registration under subsection (1), the quota or annual catch entitlement remains subject to any registered caveat or mortgage. 3: This section overrides sections 132(1)(b) 133(1)(b) 136(2) 148(1) 1989 No 148 s 88 Section 162(1) amended 1 October 2001 section 47 Fisheries Act 1996 Amendment Act 1999 Section 162(1) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 162(2) added 1 October 2001 section 19 Fisheries (Remedial Issues) Amendment Act 2001 Section 162(3) added 1 October 2001 section 19 Fisheries (Remedial Issues) Amendment Act 2001 163: Chief executive may transfer quota or annual catch entitlement 1: The power of the chief executive to transfer any quota shares or annual catch entitlement to the Crown or any other person as a consequence of— a: a reduction in the total allowable commercial catch under section 22 section 23 b: the determination of any appeal under section 51 c: any forfeiture to the Crown of any quota shares or annual catch entitlement— may be exercised notwithstanding the existence of any mortgage or caveat or settlement quota interest 2: The chief executive or settlement quota interest Section 163(1) amended 29 November 2004 section 214 Maori Fisheries Act 2004 Section 163(1)(b) amended 1 October 2004 section 43 Fisheries Amendment Act (No 3) 2004 Section 163(2) amended 29 November 2004 section 214 Maori Fisheries Act 2004 Section 163(2) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Correction of registers 164: Application for correction of register 1: A person who presents an instrument for registration under section 157 chief executive section 297 2: Every application made under subsection (1) shall— a: be made within 14 days after the registration notice issued under section 159(b) b: be in the approved form (if any); and c: include a copy of the registration notice issued under section 159(1)(b) 1989 No 148 s 23 Section 164(1) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 165: Correction of register 1: If, upon receipt of an application under section 164 chief executive section 297 chief executive a: record on the register the nature of the correction and the time at which the correction was made; and b: notify the person who made the application under section 164 chief executive 2: If the chief executive section 297 chief executive chief executive's chief executive 3: Without limiting the generality of subsection (2), the power conferred by that subsection is exercisable if— a: a registration notice has been issued in error or an entry or endorsement has been made in error: b: a misdescription has occurred in any entry in the register or any registration notice issued under section 159(1)(b) c: an instrument has been obtained fraudulently or wrongfully, or retained fraudulently or wrongfully. 4: No correction may be made under this section to the extent that the correction prejudices any bona fide purchaser for value, or any mortgagee for valuable consideration, unless that person makes a statutory declaration confirming his or her consent to the correction of the register. 1989 No 148 s 24 Section 165(1) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 165(1)(b) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 165(2) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 166: Certified copies of register to be evidence 1: The chief executive 2: Every such certified copy in hard copy form signed by or on behalf of the chief executive chief executive's 3: This section does not apply to any record entered on a register in accordance with section 128(1)(g) 1989 No 148 s 30 Section 166(1) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 166(2) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 167: Registrar not bound to attend court or produce register without court order Section 167 repealed 9 September 1999 section 85(h) Fisheries Act 1996 Amendment Act 1999 Guarantee of ownership rights 168: Guarantee of ownership rights 1: The production of a certified copy in hard copy form signed by or on behalf of the chief executive chief executive's 2: Subsection (1) does not apply in respect of any action brought by any person deprived of rights in relation to any quota or of any rights as mortgagee of any quota, by fraud, as against— a: the person registered as owner of the quota through fraud; or b: a person deriving otherwise than as a transferee bona fide for value from, or through, a person registered as owner of the quota through fraud. 3: Subsection (1) does not apply in respect of provisional individual transferable quota, annual catch entitlement, or provisional catch history. 1989 No 148 s 58(1), (3) Section 168(1) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Protection of purchasers 169: Purchasers and mortgagees not affected by notice 1: Notwithstanding any rule of law or equity, except in the case of fraud, no purchaser or mortgagee of any individual transferable quota, and no person proposing to purchase or be a mortgagee of any such quota,— a: is required— i: to inquire into or ascertain the circumstances in which or the consideration for which that owner or any previous owner is or was registered; or ii: to see to the application of the purchase money, or of any part of it; or b: is affected by notice, direct or constructive, of any trust or unregistered interest, and the knowledge that any such trust or unregistered interest is in existence is not of itself to be imputed as fraud. 2: This section does not apply in respect of provisional individual transferable quota, annual catch entitlement, or provisional catch history. 1989 No 148 s 59 170: No liability on bona fide purchaser or mortgagee 1: This section applies to— a: any person who has acquired ownership of any individual transferable quota as a bona fide purchaser for value and is registered as owner under this Act; and b: any person to whom a mortgage of any individual transferable quota has been granted in accordance with this Act, as a mortgagee bona fide for value, and who is registered as a mortgagee under this Act. 2: No person to whom this section applies shall be subject to any action for recovery of damages, or be deprived of the rights as registered owner of the quota, or, as the case may be, of that person's interest as mortgagee, on the ground that the vendor from whom the registered owner so acquired the quota or, as the case may require, the mortgagor of the quota— a: may have been registered as owner through fraud or error, or under any void or voidable instrument; or b: may have derived from a person registered as owner through fraud or error, or under any void or voidable instrument. 3: This section does not apply in respect of provisional individual transferable quota, annual catch entitlement, or provisional catch history. 1989 No 148 s 60 Compensation 171: Compensation for mistake or wrongdoing in keeping Quota Register 1: This section applies to any person who— a: sustains loss or damage through any omission, mistake, or wrongdoing of the chief executive or, as the case may be, an approved service delivery organisation who is responsible under this Act for keeping the Quota Register, in the exercise of functions connected with the keeping of the Quota Register b: is deprived of the rights in respect of which the person is registered as owner or mortgagee of any individual transferable quota— i: by the registration of any other person as the owner or as mortgagee, as the case may be; or ii: by any error, omission, or misdescription in any record in respect of such quota kept by the chief executive or, as the case may be, an approved service delivery organisation who is responsible for keeping the Quota Register, or in any entry or memorial in the Quota Register; or c: sustains any loss or damage by the wrongful inclusion in any such record of a statement about ownership or any mortgage of quota,— and who, by virtue of section 168 section 170 1A: A person to whom this section applies may bring an action for recovery of damages against— a: the Crown, if the register was kept by the chief executive at the relevant time; or b: the approved service delivery organisation, if the functions, duties, and powers connected with the keeping of the register were performed or exercised by that organisation under section 296B 2: This section does not apply in respect of any transfer of individual transferable quota, or entry or record, effected before the commencement of this section. 3: This section does not apply in respect of provisional individual transferable quota, annual catch entitlement, or provisional catch history. 1989 No 148 s 61 Section 171 heading amended 1 October 2001 section 20(1) Fisheries (Remedial Issues) Amendment Act 2001 Section 171(1) substituted 1 October 2001 section 48 Fisheries Act 1996 Amendment Act 1999 Section 171(1)(a) amended 1 October 2001 section 20(2) Fisheries (Remedial Issues) Amendment Act 2001 Section 171(1A) inserted 1 October 2001 section 48 Fisheries Act 1996 Amendment Act 1999 Section 171(1A)(a) substituted 1 October 2001 section 20(3) Fisheries (Remedial Issues) Amendment Act 2001 Section 171(1A)(b) substituted 1 October 2001 section 20(3) Fisheries (Remedial Issues) Amendment Act 2001 172: Notice of action to be served on Attorney-General and Registrar 1: Notice in writing of— a: every action against the Crown under section 171(1A)(a) b: the cause of the action; and c: the amount claimed— shall be served upon the Attorney-General, and also upon the Registrar, at least 20 working days before the commencement of the action, and the Registrar shall notify the chief executive of any such action served on the Registrar. 2: If those officers concur that the claim ought to be admitted, as to the whole or any part of the claim, without suit or action, and jointly certify to that effect, the amount of the claim may, without further appropriation than this section, be paid, out of public money appropriated by Parliament, in whole or in part to the person entitled to that amount in accordance with the certificate. 3: If, after notice of the admission has been served on the claimant, or the solicitor or agent of the claimant, the claimant proceeds with the action, and recovers no more than the amount admitted, the claimant— a: shall not be entitled to recover any costs as against the Crown; and b: shall be liable to the Crown for the costs of defending the action in the same manner as if judgment had been given for the defendant in the action. 1989 No 148 s 63 Section 172(1)(a) amended 1 October 2001 section 49 Fisheries Act 1996 Amendment Act 1999 173: Recovery of compensation paid and costs in case of fraud 1: If any sum of money has been lawfully paid out of public money as compensation for any loss occasioned by fraud on the part of any person causing or procuring that person to be registered as the owner of any individual transferable quota or as mortgagee of such quota, as the case may be, by virtue of any dealing with or transmission from a registered owner, the amount of that compensation, together with all costs incurred in testing or defending any claim or action in relation to that compensation, shall be deemed to be a statutory debt due to the Crown from the person legally responsible for that fraud and may be recovered from that person, or from that person's personal representatives, by action at law, in the name of the chief executive 2: In any action under subsection (1), the court may, for the purposes of that action, determine on the balance of probabilities who is legally responsible for the fraud. 3: A certificate signed by the Minister of Finance, verifying the fact of the payment of compensation out of public money, shall be prima facie proof that such payment was made. 4: All money recovered in any action under subsection (1) shall be paid to the credit of a Crown Bank Account. 1989 No 148 s 64 Section 173(1) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 9: Taiapure-local fisheries and customary fishing 174: Object The object of sections 175 to 185 a: as a source of food; or b: for spiritual or cultural reasons,— better provision for the recognition of rangatiratanga and of the right secured in relation to fisheries by Article II of the Treaty of Waitangi 1983 No 14 s 54A 1989 No 159 s 74 175: Declaration of taiapure-local fisheries Subject to section 176 1983 No 14 s 54B(1) 1989 No 159 s 74 176: Provisions relating to order under section 175 1: An order under section 175 sections 177 to 185 2: The Minister shall not recommend the making of an order under section 175 a: that the order will further the object set out in section 174 b: that the making of the order is appropriate having regard to— i: the size of the area of New Zealand fisheries waters that would be declared by the order to be a taiapure-local fishery; and ii: the impact of the order on the general welfare of the community in the vicinity of the area that would be declared by the order to be a taiapure-local fishery; and iii: the impact of the order on those persons having a special interest in the area that would be declared by the order to be a taiapure-local fishery; and iv: the impact of the order on fisheries management. 1983 No 14 s 54B(2), (3) 1989 No 159 s 74 177: Proposal for establishment of taiapure-local fishery 1: Any person may submit to the chief executive a proposal for the establishment of a taiapure-local fishery. 2: The proposal shall— a: contain a description of the proposed taiapure-local fishery, which description shall include particulars of the location, area, and boundaries of the proposed taiapure-local fishery; and b: describe— i: Maori, traditional, recreational, commercial, and other interests in the proposed taiapure-local fishery; and ii: the species of fish, aquatic life, or seaweed in the proposed taiapure-local fishery that are of particular importance or interest. 3: The proposal shall— a: state why the area to which the proposal relates has customarily been of special significance to an iwi or hapu either— i: as a source of food; or ii: for spiritual or cultural reasons: b: set out the policies and objectives of the proposal: c: contain such other particulars as the chief executive considers appropriate. 1983 No 14 s 54C 1989 No 159 s 74 178: Initial consideration of proposal 1: The chief executive shall refer to the Minister every proposal submitted to the chief executive in accordance with section 177 2: If the Minister, after consultation with the Minister of Maori Affairs and after having regard to the provisions of section 176(2) Gazette 3: The proposal shall be available for public inspection for a period of not less than 2 months after the date of the publication in the Gazette 4: The notice shall specify the office of the Maori Land Court in which objections to the proposal may be lodged. 5: If the Minister, after consultation with the Minister of Maori Affairs and after having regard to the provisions of section 176(2) 1983 No 14 s 54D 1989 No 159 s 74 179: Notice of proposal 1: The notice authorised under section 178(2) 2: A copy of the proposal shall be deposited in— a: the office of the Maori Land Court nearest to the locality of the area to which the proposal relates; and b: the Ministry's head office; and c: the office of the territorial authority for the area to which the proposal relates; and d: the office of the regional council for the area to which the proposal relates. 1983 No 14 s 54E 1989 No 159 s 74 180: Objections to, and submissions on, proposal 1: Any person or any public authority, local authority, or body specifically constituted by or under any Act, and any Minister of the Crown, which or who has any function, power, or duty which relates to, or which or who is or could be affected by, any aspect of the proposed taiapure-local fishery may, within 2 months of the publication in the Gazette section 178(4) a: an objection to the proposal; or b: submissions in relation to the proposal; or c: both. 2: Any such objection and any such submissions shall— a: identify the grounds on which the objections or submissions are made; and b: be supplemented by such particulars and information as the Registrar of the Maori Land Court notifies the applicant the Registrar of the Maori Land Court considers necessary to sufficiently identify the grounds of the objection or the submissions. 1983 No 14 s 54F 1989 No 159 s 74 181: Inquiry by tribunal 1: A public inquiry shall be conducted into all objections and submissions received under section 180 2: The inquiry shall be conducted by a tribunal consisting of a Judge of the Maori Land Court appointed by the Chief Judge of the Maori Land Court. 3: The Chief Judge of the Maori Land Court may direct that the tribunal conducting the inquiry conduct it with the assistance of 1 or more assessors to be appointed by the Chief Judge for the purpose of the inquiry. 4: In considering the suitability of any person for appointment as an assessor, the Chief Judge of the Maori Land Court shall have regard not only to that person's personal attributes but also to that person's knowledge of and experience in the different aspects of matters likely to be the subject matter of the inquiry. 5: The tribunal shall be deemed to be a Commission of Inquiry under the Commissions of Inquiry Act 1908 sections 10 to 12 6: The person who submitted the proposal to the chief executive, the Minister, any regional council or local authority whose region or district is affected by the proposal, and every body and person which or who made submissions on or objected to the proposal under section 180 7: A tribunal appointed under this section may, if the Chief Judge of the Maori Land Court so directs, conduct any 2 or more inquiries together notwithstanding that they relate to different areas or different parts of any area. 8: On completion of the inquiry, the tribunal shall, having regard to the provisions of section 176(2) a: make a report and recommendations to the Minister on the objections and submissions made to it, which report and recommendations may include recommended amendments to the proposal; or b: recommend to the Minister that no action be taken as a result of the objections and submissions made to it. 9: The Minister, after taking into account the report and recommendations of the tribunal and after having regard to the provisions of section 176(2) a: may— i: accept those recommendations; or ii: decline to accept all or any of those recommendations; and b: shall publish in the Gazette i: the report and recommendations of the tribunal; and ii: the decision of the Minister on the report and recommendations of the tribunal. 10: Subject to section 182 1983 No 14 s 54G 1989 No 159 s 74 182: Appeal on question of law If any party to any proceedings under section 181 sections 299 308 Environment Court 1983 No 14 s 54H 1989 No 159 s 74 1991 No 169 s 362 Section 182 amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 183: Power of Minister to recommend declaration of taiapure-local fishery If a proposal for the establishment of a taiapure-local fishery has been made under section 177 sections 180 to 182 section 176(1) 1983 No 14 s 54I 1989 No 159 s 74 184: Management of taiapure-local fishery 1: The Minister, after consultation with the Minister of Maori Affairs, shall appoint a committee of management for each taiapure-local fishery. 2: The committee of management may be any existing body corporate. 3: The committee of management shall be appointed on the nomination of persons who appear to the Minister to be representative of the local Maori community. 4: The committee of management shall hold office at the pleasure of the Minister. 1983 No 14 s 54J 1989 No 159 s 74 185: Power to recommend making of regulations 1: A committee of management appointed for a taiapure-local fishery may recommend to the Minister the making of regulations under section 186 section 297 section 298 2: Regulations made under any section referred to in subsection (1) (other than section 186 section 297 section 298 3: Except to the extent that any regulations made under any section referred to in subsection (1), and made pursuant to a recommendation under that subsection, override or are otherwise inconsistent with the provisions of any other regulations made under that section, those provisions shall apply in relation to every taiapure-local fishery. 4: Any provision of regulations made under any section referred to in subsection (1), and made pursuant to a recommendation under that subsection, that relates only to a taiapure-local fishery may be made only in accordance with subsection (1). 5: No regulations made under any section referred to in subsection (1), and made pursuant to a recommendation under that subsection, shall provide for any person— a: to be refused access to, or the use of, any taiapure-local fishery; or b: to be required to leave or cease to use any taiapure-local fishery,— because of the colour, race, or ethnic or national origins of that person or of any relative or associate of that person. 1983 No 14 s 54K 1989 No 159 s 74 Customary fishing 186: Regulations relating to customary fishing 1: The Governor-General may from time to time, by Order in Council, make regulations recognising and providing for customary food gathering by Maori and the special relationship between tangata whenua and places of importance for customary food gathering (including tauranga ika and mahinga mataitai), to the extent that such food gathering is neither commercial in any way nor for pecuniary gain or trade. 2: Without limiting the generality of subsection (1), regulations made under that subsection may— a: declare the relationship between such regulations and general fishing regulations and regulations relating to taiapure-local fisheries; and declare that the first-mentioned regulations are to prevail over the other regulations: b: empower the Minister to declare, by notice in the Gazette c: provide for such matters as may be necessary or desirable to achieve the purpose of this Act in relation to mataitai reserves, including general restrictions and prohibitions in respect of the taking of fish, aquatic life, or seaweed: d: empower any Maori Committee constituted by or under the Maori Community Development Act 1962 e: empower any such Maori Committee, marae committee, or kaitiaki to allow the taking of fish, aquatic life, or seaweed to continue for purposes which sustain the functions of the marae concerned, notwithstanding any such bylaws. 3: The following provisions apply in relation to bylaws made under regulations made under subsection (2)(d): a: every restriction and every prohibition imposed on individuals by such bylaws shall apply generally to all individuals: b: the bylaws must be submitted to the Minister for approval: c: publication of the bylaws in accordance with subsection (5)(a) 4: Regulations under this section are secondary legislation ( see Part 3 5: If the regulations empower the making of bylaws (whether under subsection (2)(d) or other legislation),— a: the bylaws are secondary legislation ( see Part 3 b: the regulations must contain a statement to that effect. 6: The Legislation Act 2019 a: the Minister were the maker of the bylaws; and b: the bylaws were made by the Minister approving them. 1983 No 14 s 89(1)(mb), (1C), (3)(b), (3A), (3B) 1992 No 121 s 34 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (4). Legislation Act 2019 requirements for secondary legislation referred to in subsection (4) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (5)(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (5)(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (4) LA19 ss 73 74 114 115 cl 14 32 Sch 3 Presentation Disallowance This note is not part of the Act. Section 186(2)(a) substituted 23 June 1998 section 16 Fisheries (Remedial Issues) Amendment Act 1998 Section 186(3)(b) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 186(3)(c) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 186(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 186(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 186(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 186A: Temporary closure of fishing area or restriction on fishing methods 1: The Minister may from time to time, by notice a: temporarily close any area of New Zealand fisheries waters (other than South Island fisheries waters as defined in section 186B(9) b: temporarily restrict or prohibit the use of any fishing method in respect of any area of New Zealand fisheries waters (other than South Island fisheries waters as defined in section 186B(9) 2: The Minister may impose such a closure, restriction, or prohibition only if he or she is satisfied that it will recognise and make provision for the use and management practices of tangata whenua in the exercise of non-commercial fishing rights by— a: improving the availability or size (or both) of a species of fish, aquatic life, or seaweed in the area subject to the closure, restriction, or prohibition; or b: recognising a customary fishing practice in that area. 3: Before imposing a fishing method restriction or prohibition under subsection (1)(b), the Minister must be satisfied that the method is having an adverse effect on the use and management practices of tangata whenua in the exercise of non-commercial fishing rights. 4: 5: A notice given under subsection (1)— a: may be in force for a period of not more than 2 years and, unless sooner revoked, is revoked at the end of that 2-year period: b: subject to paragraph (a), may be expressed to be in force for any particular year or period, or for any particular date or dates, or for any particular month or months of the year, week or weeks of the month, or day or days of the week. 6: Nothing in subsection (5)(a) prevents a further notice being given under subsection (1) in respect of any species and area before or on or about the expiry of an existing notice that relates to that species and area. 7: Before giving a notice under subsection (1), the Minister must— a: consult such persons as the Minister considers are representative of persons having an interest in the species concerned or in the effects of fishing in the area concerned, including tangata whenua, environmental, commercial, recreational, and local community interests; and b: provide for the input and participation in the decision-making process of tangata whenua with a non-commercial interest in the species or the effects of fishing in the area concerned, having particular regard to kaitiakitanga. 8: A person commits an offence who, in contravention of a notice given under subsection (1),— a: takes any fish, aquatic life, or seaweed from a closed area; or b: takes any fish, aquatic life, or seaweed using a prohibited fishing method. 9: A person who commits an offence against subsection (8)— a: is liable to the penalty specified in section 252(6) i: the person is an individual other than a commercial fisher; and ii: the person satisfies the court that the fish, aquatic life, or seaweed was taken otherwise than for the purpose of sale: b: is liable to the penalty specified in section 252(5) 10: A notice under this section is secondary legislation ( see Part 3 2020-06-29 Fisheries (Marsden Bank and Mair Bank Temporary Closure) Notice 2018 Under section 186A(5)(a) of the Fisheries Act 1996, this notice is revoked 2 years after it comes into force [29 June 2018] (unless sooner revoked). 2020-12-19 Fisheries (Umupuia Beach Temporary Closure) Notice 2018 Under section 186A(5)(a) of the Fisheries Act 1996, this notice is revoked 2 years after it comes into force [19 December 2018] (unless sooner revoked). The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)(a) cl 14 • publish it in the Gazette • publicly notify it (see definition in section 2 The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 186A inserted 23 June 1998 section 17 Fisheries (Remedial Issues) Amendment Act 1998 Section 186A(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 186A(1)(a) amended 1 October 1998 section 310 Ngāi Tahu Claims Settlement Act 1998 Section 186A(1)(b) amended 1 October 1998 section 310 Ngāi Tahu Claims Settlement Act 1998 Section 186A(4) repealed 28 October 2021 regulation 23 Legislation Act (Amendments to Legislation) Regulations 2021 Section 186A(5)(a) replaced 17 December 2016 section 47 Statutes Amendment Act 2016 Section 186A(10) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 186B: Temporary closure of fisheries 1: The chief executive may from time to time, by notice a: temporarily close any area of South Island fisheries waters in respect of any species of fish, aquatic life, or seaweed; or b: temporarily restrict or prohibit the use of any fishing method in respect of any area of South Island fisheries waters and any species of fish, aquatic life, or seaweed. 2: The chief executive may impose such a closure, restriction, or prohibition only if the chief executive considers that— a: it is likely to assist in replenishing the stock of the species of fish, aquatic life, or seaweed in the area concerned; or b: it is likely to assist in recognising and making provision for the use and management practices of tāngata whenua in the exercise of non-commercial fishing rights. 3: 4: A notice given under subsection (1)— a: may be in force for a period of not more than 2 years and, unless sooner revoked, is revoked at the end of that 2-year period: b: subject to paragraph (a), may be expressed to be in force for any particular year or period, or for any particular date or dates, or for any particular month or months of the year, week or weeks of the month, or day or days of the week. 5: Nothing in subsection (4)(a) prevents a further notice being given under subsection (1) in respect of any stock and area before or on or about the expiry of an existing notice that relates to that stock and area. 6: Before giving a notice under subsection (1), the chief executive must— a: consult such persons as the chief executive considers are representative of persons having an interest in the stock concerned or in the effects of fishing in the area concerned, including tāngata whenua, environmental, commercial, recreational, and local community interests; and b: provide for the participation in the decision-making process of tāngata whenua with a non-commercial interest in the stock or the effects of fishing in the area concerned, having regard to kaitiakitanga. 7: Every person commits an offence who, in contravention of a notice given under subsection (1),— a: takes any fish, aquatic life, or seaweed from a closed area; or b: takes any fish, aquatic life, or seaweed using a prohibited fishing method. 8: A person who commits an offence against subsection (7) is liable,— a: in the case of a commercial fisher, to the penalty specified in section 252(5) b: Iin any other case, to the penalty specified in section 252(6) 9: In this section, the term South Island fisheries waters Ngāi Tahu Claims Settlement Act 1998 10: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)(a) cl 14 • publish it in the Gazette • publicly notify it (see definition in section 2 The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 186B inserted 1 October 1998 section 311 Ngāi Tahu Claims Settlement Act 1998 Section 186B(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 186B(3) repealed 28 October 2021 regulation 24 Legislation Act (Amendments to Legislation) Regulations 2021 Section 186B(4)(a) replaced 17 December 2016 section 48 Statutes Amendment Act 2016 Section 186B(10) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 9A: Aquaculture Part 9A inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 186C: Interpretation In this Part,— adverse effect application for a coastal permit a: means an application for a coastal permit under section 88 b: includes— i: an application for a change or cancellation of condition of a coastal permit under section 127 ii: a notice of intention to review conditions under section 128 aquaculture decision coastal permit Resource Management Act 1991 determination regional council Resource Management Act 1991 reservation Section 186C inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 Section 186C application for a coastal permit inserted 1 October 2011 section 7(2) Fisheries Amendment Act 2011 Section 186C coastal permit inserted 1 October 2011 section 7(2) Fisheries Amendment Act 2011 Section 186C determination substituted 1 October 2011 section 7(2) Fisheries Amendment Act 2011 Section 186C regional council inserted 1 October 2011 section 7(2) Fisheries Amendment Act 2011 Section 186C reservation substituted 1 October 2011 section 7(2) Fisheries Amendment Act 2011 1: Aquaculture decisions in relation to coastal permits Subpart 1 inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 Subpart 1 heading amended 1 October 2011 section 6 Fisheries Amendment Act 2011 186D: Chief executive may seek information or consult certain persons for purposes of making aquaculture decision 1: After receiving a copy of an application for a coastal permit forwarded by a regional council to the chief executive under section 107F a: the applicant for or the holder of the coastal permit: b: any fisher whose interests may be affected: c: persons and organisations that the chief executive considers represent the classes of persons who have customary, commercial, or recreational fishing interests that may be affected by the granting of the coastal permit or change to, or cancellation of, the conditions of the coastal permit. 2: For the purposes of subsection (1), the chief executive— a: may set a date by which information must be provided and may grant 1 or more extensions of that date if he or she considers it necessary to do so; and b: is not required to consider or take into account any information received after that date or extended date (as the case may be). 3: Before making an aquaculture decision under section 186E subsection (1) 4: For the purposes of subsection (3), the chief executive— a: may set a date by which the consultation is to be completed and may grant 1 or more extensions of that date if he or she considers it necessary to do so; and b: is not required to consider or take into account any submissions made for the purposes of the consultation received after that date or extended date (as the case may be). Section 186D substituted 1 October 2011 section 8 Fisheries Amendment Act 2011 186E: Chief executive to make aquaculture decision 1: Within 20 working days after receiving a request for an aquaculture decision from a regional council under section 114 a: make a determination; or b: make a reservation; or c: make 1 or more determinations or reservations or both in relation to different parts of the area to which the request relates. 2: One or both of the following periods are excluded from the period of 20 working days specified in subsection (1) to the extent that the periods could otherwise fall within the period of 20 working days: a: a period during which the chief executive is undertaking consultation under section 186D(3) b: a period during which the chief executive is, in compliance with section 186F(1) 3: In making an aquaculture decision, the chief executive must have regard to— a: information held by the Ministry of Fisheries; and b: information supplied, or submissions made, to the chief executive under section 186D(1) or (3) c: information that is forwarded by the regional council; and d: any other information that the chief executive has requested and obtained. 4: For the purposes of this section, the chief executive is not required to consider or take into account any information received after receiving the request for an aquaculture decision. 5: Subsection (4) applies subject to section 186D(2) and (4) Section 186E substituted 1 October 2011 section 8 Fisheries Amendment Act 2011 186F: Order in which requests for aquaculture decisions to be processed 1: The chief executive must make aquaculture decisions in the same order in which the requests for the decisions are received. 2: For the purposes of subsection (1) 3: If 2 or more requests for aquaculture decisions are received at the same time from the same regional council, the chief executive must make aquaculture decisions in the order specified by the regional council under section 114(5) 4: For the purposes of subsections (1) to (3), the chief executive's aquaculture decision is not to be treated as made until any judicial review of the decision is finally disposed of. 5: The chief executive may make aquaculture decisions in a different order from that required by subsections (1) to (3), but the chief executive may do so only if satisfied that in making an aquaculture decision out of order it will not have an adverse effect on any other aquaculture decision that the chief executive has been requested to make. Section 186F substituted 1 October 2011 section 8 Fisheries Amendment Act 2011 186G: Provision of fisheries information relating to stock For the purposes of this subpart and subpart 4, the chief executive may, by notice in the Gazette Section 186G substituted 1 October 2011 section 8 Fisheries Amendment Act 2011 186GA: Aquaculture decisions must not be made in relation to certain areas The chief executive must not make an aquaculture decision in relation to— a: an area— i: that is or was subject to a lease, licence, marine farming permit, or spat catching permit that was deemed under section 10 20 21 Resource Management Act 1991 ii: where, since the date on which the lease, licence, marine farming permit, or spat catching permit was deemed to be a coastal permit, aquaculture activities have been continuously authorised under that permit or another permit granted under the Resource Management Act 1991 b: an area that is or was subject to the coastal permit referred to in section 20A Resource Management Act 1991 c: an area that is in a gazetted aquaculture area within the meaning of section 35 d: an area that is subject to a coastal permit to which section 114(6) Section 186GA inserted 1 October 2011 section 8 Fisheries Amendment Act 2011 186GB: Matters to be considered before aquaculture decision made 1: In making an aquaculture decision, the chief executive must have regard only to the following matters: a: the location of the area that the coastal permit relates to in relation to areas in which fishing is carried out: b: the likely effect of the aquaculture activities in the area that the coastal permit relates to on fishing of any fishery, including the proportion of any fishery likely to become affected: c: the degree to which the aquaculture activities in the area that the coastal permit relates to will lead to the exclusion of fishing: d: the extent to which fishing for a species in the area that the coastal permit relates to can be carried out in other areas: e: the extent to which the occupation of the coastal marine area authorised by the coastal permit will increase the cost of fishing: f: the cumulative effect on fishing of any authorised aquaculture activities, including any structures authorised before the introduction of any relevant stock to the quota management system. 2: If a pre-request aquaculture agreement has been registered under section 186ZH Section 186GB inserted 1 October 2011 section 8 Fisheries Amendment Act 2011 186H: Requirements for aquaculture decision 1: An aquaculture decision must— a: be in writing; and b: define the areas that are subject to the decision; and c: provide reasons for the decision; and d: be notified to— i: the regional council that requested the decision; and ii: the holder of the coastal permit that the decision relates to; and iii: the persons and organisations who supplied information to the chief executive under section 186D(1) iv: the persons and organisations consulted by the chief executive under section 186D(3) 2: The fact that an aquaculture decision has been made and where a copy can be obtained must be— a: notified in the Gazette b: made accessible via the Internet. 3: If the chief executive makes a determination, the determination may— a: specify any condition of the coastal permit that is material to the decision and that relates to the character, intensity, or scale of the aquaculture activities; and b: state that the condition may not be changed or cancelled until the chief executive makes a further aquaculture decision in relation to the area affected by the change or cancellation. 4: If the chief executive makes a reservation, the reservation must also include— a: whether the reservation relates to customary, recreational, or commercial fishing, or a combination of them; and b: if the reservation relates to commercial fishing, the stocks and areas concerned, specifying any stocks subject to the quota management system and any other stock not subject to the quota management system; and c: any other matters required by regulations to be included. 5: The chief executive must include, in the notification under subsection (1)(d),— a: the information specified in subsections (1)(b) and (c), (3), and (4), as appropriate; and b: information about where a copy of the determination or reservation can be obtained. Section 186H substituted 1 October 2011 section 9 Fisheries Amendment Act 2011 186I: Appeal against aquaculture decision Section 186I repealed 1 October 2011 section 10 Fisheries Amendment Act 2011 186J: Judicial review of aquaculture decision 1: Any person wishing to seek, under the Judicial Review Procedure Act 2016 30 working days after the notification of the decision under section 186H(2)(a) 2: The chief executive must notify the relevant regional council of— a: any proceedings brought to seek judicial review of an aquaculture decision; and b: the result of those proceedings, including any appeals. Section 186J inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 Section 186J(1) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016 Section 186J(1) amended 1 October 2011 section 11(1) Fisheries Amendment Act 2011 Section 186J(2) added 1 October 2011 section 11(2) Fisheries Amendment Act 2011 2: Fish farmers Subpart 2 inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 186K: Fish Farmer Register 1: The chief executive must keep a Fish Farmer Register. 2: The register may be kept in the form of information stored by means of a computer. 3: The register may be kept in conjunction with any other register required to be kept under this Act. 4: The Crown owns all the information in the register that is required by this Act to be contained in the register. 5: The chief executive must, by notice in the Gazette 6: Without limiting section 297 Section 186K inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 186L: Information to be shown in Fish Farmer Register The Fish Farmer Register must contain the information required by regulations made under section 297 Section 186L inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 186M: Access to Fish Farmer Register 1: 2: The Fish Farmer Register must be open for inspection by members of the public on payment of the prescribed fee (if any) during the hours stated by notice in the Gazette section 186K(5) 3: The Crown is not liable in damages for any loss or damage resulting from— a: any error in or omission from the Fish Farmer Register; or b: any inaccuracy in a search of the Fish Farmer Register. 4: The chief executive must, on request and payment of a reasonable charge fixed by the chief executive, supply to any person copies of all or any part of the Fish Farmer Register. 5: If the chief executive is satisfied, on the application of any person, that the disclosure of the person's address (as entered in the register) would be prejudicial to the personal safety of the person or his or her family, the chief executive may direct that the information must not be made available for inspection or otherwise disclosed. Section 186M inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 Section 186M(1) repealed 1 December 2020 section 217 Privacy Act 2020 186N: Fish farmer must advise chief executive of certain changes 1: A fish farmer must apply to the chief executive under section 186W 2: To avoid doubt, subsection (1) applies to a change to a resource consent or certificate of compliance under the Resource Management Act 1991 3: Every fish farmer who contravenes subsection (1) commits an offence and is liable to the penalty set out in section 252(6) Section 186N inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 186O: Limitations on holding and dealing with fish farmer registration A fish farmer may not transfer, lease, or assign his or her registration as a fish farmer. Section 186O inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 186P: Restriction on fish farming 1: A person must not undertake fish farming except in accordance with— a: the person's registration as a fish farmer; or b: an exemption granted by the chief executive under section 186Q 2: Every person who contravenes subsection (1) commits an offence and is liable to the penalty set out in section 252(5) Section 186P inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 186Q: Exemptions 1: The chief executive may grant an exemption for the purposes of section 186P(1)(b) a: for an exemption granted only to 1 or more named persons, by notice in the Gazette b: for any other exemption, by notice published in accordance with subsection (9). 2: In deciding whether to grant an exemption, the chief executive must have regard to— a: the scale of the fish farmer's proposed fish farming operations, including the number of sites and the quantity of fish, aquatic life, or seaweed involved; and b: the species of the fish, aquatic life, or seaweed proposed to be farmed; and c: the use to which the farmed fish, aquatic life, or seaweed is to be put; and d: any other fishing related operations carried out or proposed to be carried out by the fish farmer; and e: any other matter that the chief executive considers relevant. 3: An exemption may be granted on such terms and conditions as the chief executive thinks fit. 4: An exemption may be granted— a: to 1 or more persons or classes of persons; and b: for fish farming generally or 1 or more different types of fish farming. 5: However, the chief executive may grant an exemption to a specified fish farmer only if the fish farmer has— a: applied to the chief executive on the approved form for the exemption; and b: paid to the chief executive the prescribed fee (if any). 6: The chief executive may amend, add, or revoke any term or condition in the exemption, or revoke the exemption, as follows: a: for an exemption granted only to 1 or more named persons, by notice in the Gazette b: for any other exemption, by notice published in accordance with subsection (9). 7: The chief executive must not do anything under subsection (6) unless the chief executive has provided the holders of the exemption with a reasonable opportunity to make submissions on the matter. 8: Anything done under subsection (6) takes effect on and from the date specified for that purpose in the notice. 9: A notice under subsection (1)(b) or (6)(b) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 186Q inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 Section 186Q(1) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 186Q(6) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 186Q(9) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 186R: Applications to register as fish farmer 1: A person wishing to register as a fish farmer must apply to the chief executive on the approved form and pay the prescribed fee. 2: The application must be accompanied by a copy of the appropriate resource consent or certificate of compliance under the Resource Management Act 1991 3: The chief executive may— a: request an applicant to provide further information to enable the chief executive to make a decision on the application; and b: defer making a decision on the application until the further information is provided. Section 186R inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 186S: Decision on application 1: The chief executive must grant or decline an application to register a fish farmer. 2: The chief executive must decline an application if— a: the chief executive is not satisfied that— i: the applicant has a resource consent or certificate of compliance under the Resource Management Act 1991 ii: the applicant has the consent of a person who has a resource consent or certificate of compliance under the Resource Management Act 1991 to use the space concerned for aquaculture activities; or b: the applicant does have a resource consent or certificate of compliance under the Resource Management Act 1991, but the species of fish authorised to be farmed under the consent or certificate is different from the species of fish that the application relates to; or c: the applicant proposes to farm a species and the farming of the species would contravene another enactment. 3: The chief executive may decline an application if the applicant has been convicted within the 5 years immediately preceding the application of an offence involving fish, aquatic life, or seaweed. 4: The chief executive may grant an application from an applicant specified in subsection (3), but only if the registration of the fish farmer is made subject to conditions that the chief executive considers necessary or desirable to ensure that the requirements of this Act are complied with. 5: Without limiting the conditions that may be imposed under subsection (4), the chief executive may impose conditions relating to 1 or more of the following: a: the species of fish, aquatic life, or seaweed that may be farmed: b: the processes and systems (including recordkeeping, reporting, storage, and labelling) that the applicant must use in operating the fish farm: c: the involvement in the operations of the fish farm of any person convicted of a fisheries offence. Section 186S inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 186T: Section 186S subject to sections 30 and 31 of Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 Section 186S sections 30 31 Section 186T inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 186U: Effect of registration While a fish farmer's registration is current, the fish farmer and any employee or agent of the fish farmer may do any of the following things to the extent authorised by, and in accordance with terms and conditions of, the registration: a: take farmed fish from a site specified in the registration; and b: possess, sell, or otherwise dispose of farmed fish. Section 186U inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 186V: Registration of fish farmer If the chief executive grants an application to register a fish farmer, the chief executive must— a: enter in the Fish Farmer Register— i: the date on which the application was granted; and ii: the name of the fish farmer; and iii: the location and boundaries of the fish farm in relation to which the fish farmer is registered; and iv: the species of fish, aquatic life, or seaweed that may be farmed at the fish farm; and v: any other information specified in regulations under this Act; and b: issue a notice of registration to the fish farmer setting out— i: the details entered in the register in relation to the fish farmer; and ii: any conditions imposed under section 186S Section 186V inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 186W: Variation of registration 1: The chief executive may, on his or her own initiative or on the application of a fish farmer, vary the registration of the fish farmer to ensure that the information in the Fish Farmer Register is correct and complete. 2: If the chief executive proposes to vary the registration of a fish farmer on his or her own initiative, the chief executive must, before doing so,— a: give the fish farmer concerned notice in writing of the proposed variation; and b: give the fish farmer a reasonable opportunity to make submissions to the chief executive about the proposed variation; and c: consider any submissions made by the fish farmer. 3: If the chief executive varies the Fish Farmer Register, the chief executive must record in the register the date on which the variation is made and the date on which the variation takes effect. 4: After varying the Fish Farmer Register, the chief executive must give the fish farmer a notice in writing of the variation and of the date on which the variation takes effect. 5: The chief executive must not vary the registration of a fish farmer if the proposed variation were treated as an application to register as a fish farmer and the chief executive would have had to decline the application under section 186S(2) Section 186W inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 186X: Appeal against suspension of fish farmer registration The District Court section 269 Section 186X inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 Section 186X amended 1 March 2017 section 261 District Court Act 2016 186Y: Revocation of registration 1: The chief executive must revoke the registration of a fish farmer if— a: the fish farmer concerned requests the chief executive to do so; or b: the chief executive is satisfied that the fish farmer has ceased to be entitled to be registered. 2: The chief executive must not revoke the registration of a fish farmer under subsection (1)(b) unless the chief executive has— a: given the fish farmer concerned notice in writing of the proposed revocation and the grounds on which it is based; and b: given the fish farmer a reasonable opportunity to make submissions to the chief executive. 3: If the chief executive revokes the registration of a fish farmer under this section, the chief executive must give the fish farmer a notice in writing of the revocation and the date on which the revocation takes effect. 4: This section does not require the chief executive to remit or refund any fees, charges, or levies paid or payable by the fish farmer for the period from the date of registration to the date of revocation. Section 186Y inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 186Z: Appeal against revocation of fish farmer registration 1: A fish farmer whose registration is revoked under section 186Y the District Court 2: The District Court may— a: confirm the revocation; or b: revoke the revocation. 3: After the appeal is filed and pending its decision on the appeal, the District Court may make an order suspending the revocation subject to any terms and conditions it considers appropriate. Section 186Z inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 Section 186Z(1) amended 1 March 2017 section 261 District Court Act 2016 186ZA: Subpart does not affect Freshwater Fish Farming Regulations 1983 This subpart does not— a: affect the application of the Freshwater Fish Farming Regulations 1983 b: require a person undertaking fish farming under a licence granted under those regulations to register as a fish farmer under this subpart. Section 186ZA inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 186ZB: Subpart does not apply to fish farming under protected customary rights order or agreement This subpart does not apply to fish farming undertaken in accordance with a protected customary rights order or an agreement. Section 186ZB substituted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 3: Spat catching Subpart 3 inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 Harvestable spat Heading inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 186ZC: Alteration of Schedule 8A 1: The Governor-General may, by Order in Council made on the recommendation of the Minister, alter Schedule 8A 2: An Order in Council made under subsection (1) that declares any species of fish, aquatic life, or seaweed to be harvestable spat may do so with reference to— a: its size, biological characteristics, season, or location; and b: any other relevant matters. 3: The Minister may make a recommendation under subsection (1) to include a species of fish, aquatic life, or seaweed in Schedule 8A 4: Before making a recommendation under subsection (1) to include a species of fish, aquatic life, or seaweed in Schedule 8A 5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 186ZC inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 Section 186ZC(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 4: Aquaculture agreements and compensation declarations Subpart 4 inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 Subpart 4 heading amended 1 October 2011 section 12 Fisheries Amendment Act 2011 186ZD: Interpretation In this subpart, unless the context otherwise requires,— aquaculture agreement section 186ZF compensation declaration sections 186ZN 186ZQ pre-request aquaculture agreement section 186ZM Section 186ZD substituted 1 October 2011 section 13 Fisheries Amendment Act 2011 186ZE: Registers of aquaculture agreements, pre-request aquaculture agreements, and compensation declarations 1: The chief executive must keep— a: a register of aquaculture agreements; and b: a register of pre-request aquaculture agreements; and c: a register of compensation declarations. 2: Sections 186K(2) to (6) 186L 186M Section 186ZE substituted 1 October 2011 section 14 Fisheries Amendment Act 2011 186ZF: Quota owners whose consent is necessary for aquaculture agreement 1: An aquaculture agreement lodged with the chief executive for registration must— a: contain the consents required under subsection (2) to the aquaculture activities being undertaken in the area concerned; and b: be accompanied by information showing that each registered quota owner has had a reasonable opportunity to consider whether to consent. 2: The consents required are, for each stock specified in a reservation in relation to commercial fishing for stocks subject to the quota management system,— a: the consents of the registered quota owners of the stock holding not less than 75% of the quota shares for the stock; and b: to the extent that the consents referred to in paragraph (a) are given by persons holding 75% or more but less than 100% of the quota shares for the stock, the consent of the High Court in relation to the persons who did not consent. 3: After an aquaculture agreement is registered, no person whose consent is contained in the agreement may revoke the consent, but the consent and the aquaculture agreement itself come to an end when the coastal permit to which they relate comes to an end, unless the coastal permit is replaced by a new permit in accordance with section 165ZH 4: For the purposes of this section, subsection (2) applies to the persons specified in that subsection as at 5 pm on the date on which the chief executive gives notice of a reservation under section 186H(2)(a) Section 186ZF substituted 1 October 2011 section 15 Fisheries Amendment Act 2011 186ZG: High Court may consent to aquaculture agreement on behalf of non-consenting persons 1: A person wishing to lodge an aquaculture agreement with the chief executive may, for the purposes of section 186ZF(2) 2: The High Court must not give its consent unless it is satisfied that the applicant has offered sufficient compensation to each person who has not consented to the lodging of the aquaculture agreement,— a: in the case of persons holding quota shares, for the effect on their rights, as holders of the quota shares, of the proposed aquaculture activity: b: 3: If the High Court gives its consent under subsection (2), the High Court may (with the agreement of the applicant) make such ancillary orders or give such directions as it thinks fit relating to the payment of compensation. 4: However, to avoid doubt, any order for the purposes of subsections (2) and (3) may not— a: require the payment of compensation that exceeds the compensation offered by the applicant; or b: require the applicant to lodge an aquaculture agreement; or c: require the applicant to continue with proceedings to obtain the consent of the High Court. 5: A person who makes an application to the High Court under subsection (1) must, as soon as practicable after making the application, give a copy of the application to the chief executive. Section 186ZG inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 Section 186ZG(1) amended 1 October 2011 section 16(1) Fisheries Amendment Act 2011 Section 186ZG(2) repealed 1 October 2011 section 16(2) Fisheries Amendment Act 2011 186ZH: Lodging aquaculture agreements with chief executive for registration 1: If an aquaculture agreement lodged with the chief executive for registration does not comply with this subpart, the chief executive must— a: return the agreement to the person who lodged it or another person whom the chief executive considers is entitled to receive it; and b: provide reasons to the person to whom the agreement is returned as to why the agreement has not been registered. 2: If an aquaculture agreement lodged with the chief executive for registration complies with this subpart, the chief executive must— a: register the agreement in the register of aquaculture agreements kept by the chief executive; and b: notify the person who lodged it, or another person whom the chief executive considers is entitled to receive notification, that the agreement has been registered. 3: In deciding whether to register an aquaculture agreement, the chief executive— a: is entitled to rely on the information in the agreement as sufficient evidence that a quota owner section 186ZF b: is not required to verify the identity of a quota owner Section 186ZH inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 Section 186ZH(3)(a) amended 1 October 2011 section 17 Fisheries Amendment Act 2011 Section 186ZH(3)(b) amended 1 October 2011 section 17 Fisheries Amendment Act 2011 186ZHA: Lodging compensation declarations with chief executive for registration 1: If a compensation declaration lodged with the chief executive for registration does not comply with this subpart, the chief executive must— a: return the declaration to the person who lodged it or another person whom the chief executive considers is entitled to receive it; and b: provide reasons to the person to whom the declaration is returned as to why the declaration has not been registered. 2: If a compensation declaration lodged with the chief executive for registration complies with this subpart, the chief executive must— a: register the declaration in the register of compensation declarations kept by the chief executive; and b: notify the person who lodged it, or another person whom the chief executive considers is entitled to receive notification, that the declaration has been registered. 3: In deciding whether to register a compensation declaration, the chief executive is entitled to rely on the information in the declaration as sufficient evidence that compensation has been provided to quota owners in accordance with sections 186ZN 186ZQ Section 186ZHA inserted 1 October 2011 section 18 Fisheries Amendment Act 2011 186ZI: Period within which aquaculture agreements must be lodged for registration 1: An aquaculture agreement must be lodged with the chief executive for registration— a: on the approved form and be accompanied by the prescribed fee; and b: within 6 months after the notification of the reservation under section 186H(2)(a) 2: However, the chief executive may give a person a further 3 months to lodge an aquaculture agreement if the chief executive is satisfied that— a: the person has taken reasonable steps to obtain the consents b: the person requires further time to obtain all the consents. 3: An extension of time may be granted under subsection (2) only— a: once to a person in respect of aquaculture activities in the same area; and b: if the person concerned applies in writing to the chief executive not later than 1 month before the expiry of the 6-month period specified in subsection (1)(b). 4: The period of 6 months referred to in subsection (1)(b) does not include— a: any extension of the time granted under subsection (2); and b: the period beginning with the day on which an application to the High Court is made under section 186ZG(1) ; and c: the period beginning with the day on which proceedings are brought seeking judicial review of the chief executive's aquaculture decision and ending on the day on which the proceedings are finally disposed of. 5: Section 186ZI(1)(a) amended 1 October 2011 section 19(1) Fisheries Amendment Act 2011 Section 186ZI(1)(b) substituted 1 October 2011 section 19(2) Fisheries Amendment Act 2011 Section 186ZI(2)(a) amended 1 October 2011 section 19(3) Fisheries Amendment Act 2011 Section 186ZI(4)(c) added 1 October 2011 section 19(4) Fisheries Amendment Act 2011 Section 186ZI(5) repealed 1 October 2011 section 19(5) Fisheries Amendment Act 2011 186ZIA: Period within which compensation declaration must be lodged for registration 1: A compensation declaration must be lodged with the chief executive for registration— a: on the approved form and be accompanied by the prescribed fees; and b: within 6 months after the date of the notification of the reservation under section 186H(2)(a) 2: However, the chief executive may give a person a further 3 months to lodge a compensation declaration if the chief executive is satisfied that— a: the person has taken reasonable steps to provide compensation to quota owners in accordance with sections 186ZN 186ZQ b: the person requires further time to provide the compensation. 3: An extension of time may be granted under subsection (2) only— a: once to a person in respect of aquaculture activities in the same area; and b: if the person concerned applies in writing to the chief executive not later than 1 month before the expiry of the 6-month period specified in subsection (1)(b). 4: The period of 6 months referred to in subsection (1)(b) does not include— a: any extension of time granted under subsection (2); and b: the period beginning on the day on which arbitration proceedings are commenced and ending on the day on which the arbitrator makes a determination under section 186ZP(5) section 186ZP(6)(a) or (b) c: the period beginning with the day on which proceedings are brought seeking judicial review of the chief executive's aquaculture decision and ending on the day on which the proceedings are finally disposed of. Section 186ZIA inserted 1 October 2011 section 20 Fisheries Amendment Act 2011 186ZJ: No proceedings to be taken against chief executive 1: No civil or criminal proceedings are to be brought against the chief executive in respect of any decision of the chief executive under section 186ZH , 186ZHA 186ZI 186ZIA 186ZM 2: However, subsection (1) does not apply in relation to proceedings seeking, under the Judicial Review Procedure Act 2016 Section 186ZJ inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 Section 186ZJ(1) amended 1 October 2011 section 21 Fisheries Amendment Act 2011 Section 186ZJ(2) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016 186ZK: Chief executive must notify regional council of certain matters 1: The chief executive must notify the regional council concerned of a matter specified in subsection (2) as soon as practicable after the matter has occurred. 2: The matters are— a: the name of the holder of an aquaculture agreement registered by the chief executive and the area that the agreement relates to: b: an application made under section 186ZG c: an extension of time given under section 186ZI or section 186ZIA d: when the period for lodging aquaculture agreements or compensation declarations section 186ZI or section 186ZIA e: that no aquaculture agreements or compensation declarations f: any application for judicial review of a decision of the chief executive in relation to aquaculture agreements or compensation declarations g: the name of the person who made a compensation declaration registered by the chief executive and the area the declaration relates to. Section 186ZK inserted 1 January 2005 section 8 Fisheries Amendment Act (No 3) 2004 Section 186ZK(2)(c) amended 1 October 2011 section 22(1) Fisheries Amendment Act 2011 Section 186ZK(2)(d) amended 1 October 2011 section 22(2) Fisheries Amendment Act 2011 Section 186ZK(2)(d) amended 1 October 2011 section 22(3) Fisheries Amendment Act 2011 Section 186ZK(2)(e) amended 1 October 2011 section 22(4) Fisheries Amendment Act 2011 Section 186ZK(2)(f) amended 1 October 2011 section 22(5) Fisheries Amendment Act 2011 Section 186ZK(2)(g) added 1 October 2011 section 22(6) Fisheries Amendment Act 2011 186ZL: Memorials 1: Subsection (2) applies if the chief executive makes a reservation in relation to commercial fishing for stocks subject to the quota management system under section 186E section 38 2: The chief executive must ensure that a memorial is recorded in the appropriate register against all quota for the stocks specified in a notice given by the chief executive under section 186H section 41 on the date of the notification under section 186H(2)(a) 3: A memorial must be to the effect that— a: the chief executive has made a reservation in relation to commercial fishing for stocks subject to the quota management system section 186E section 38 b: as a result, an aquaculture agreement , or compensation declaration, c: if an agreement or a declaration aquaculture activities being undertaken in the area subject to the reservation 4: A memorial recorded in a register under subsection (2) must be cancelled on the expiry of the period specified in section 186ZI(1)(b) 186ZIA(1)(b) 5: Section 186ZL substituted 28 September 2008 section 8 Fisheries Amendment Act (No 2) 2008 Section 186ZL(1) substituted 1 October 2011 section 23(1) Fisheries Amendment Act 2011 Section 186ZL(2) amended 1 October 2011 section 23(2) Fisheries Amendment Act 2011 Section 186ZL(3)(a) amended 1 October 2011 section 23(3) Fisheries Amendment Act 2011 Section 186ZL(3)(b) amended 1 October 2011 section 23(4) Fisheries Amendment Act 2011 Section 186ZL(3)(c) amended 1 October 2011 section 23(5) Fisheries Amendment Act 2011 Section 186ZL(3)(c) amended 1 October 2011 section 23(6) Fisheries Amendment Act 2011 Section 186ZL(4) substituted 1 October 2011 section 23(7) Fisheries Amendment Act 2011 Section 186ZL(5) repealed 1 October 2011 section 23(8) Fisheries Amendment Act 2011 Pre-request aquaculture agreements Heading inserted 1 October 2011 section 24 Fisheries Amendment Act 2011 186ZM: Pre-request aquaculture agreements 1: A person who has applied for a coastal permit to undertake aquaculture activities in the coastal marine area may, before a regional council makes a request under section 114 2: The pre-request aquaculture agreement must be in the approved form, be accompanied by the prescribed fee, and— a: relate to 1 or more stocks subject to the quota management system; and b: contain the consents required under subsection (3) to the exclusion of the stock from consideration by the chief executive when making an aquaculture decision in relation to the area covered by the application if the coastal permit is granted; and c: be accompanied by information showing that each registered quota owner had a reasonable opportunity to consider whether to consent. 3: A pre-request aquaculture agreement must contain, as at 5 pm on the day before the date on which the agreement is lodged for registration, the consent, for each stock included in the agreement, of the registered quota owners of the stock holding not less than 75% of the quota shares for the stock. 4: A person who wishes to lodge a pre-request aquaculture agreement with the chief executive for registration must, at least 20 working days before lodging the agreement, give notice of the person’s intention to lodge the agreement— a: to each quota owner of stock that is included in the agreement; and b: by a notice published in a newspaper circulating in the locality of the proposed coastal permit the agreement relates to. 5: After a pre-request aquaculture agreement is registered, no person whose consent is contained in the agreement may revoke the consent, but the consent and the aquaculture agreement itself come to an end— a: if the application for the coastal permit they relate to is declined or withdrawn; or b: if the application is granted, when the coastal permit to which they relate comes to an end, unless the coastal permit is replaced by a new permit in accordance with section 165ZH 6: Sections 186ZH 186ZK section 186ZF section 186ZM 7: A quota holder for a stock, which is the subject of a registered pre-request aquaculture agreement, who did not consent to the agreement is entitled to receive from the applicant in proportion to the quota holder's shareholding of the stock equivalent entitlements and benefits (whether financial or otherwise), to those that were agreed between the applicant and the persons who consented to the agreement. 8: The High Court may make such orders or give such directions as it thinks fit for the purposes of subsection (7). 9: An order or direction under subsection (8) must not prevent or delay the chief executive making an aquaculture decision. Section 186ZM inserted 1 October 2011 section 24 Fisheries Amendment Act 2011 Compensation Heading inserted 1 October 2011 section 24 Fisheries Amendment Act 2011 186ZN: Compensation to be provided by coastal permit holder to affected quota owners if aquaculture agreement not lodged 1: This section applies if— a: the chief executive has, in relation to a coastal permit, made a reservation in relation to commercial fishing of quota management stock; and b: the holder of the coastal permit has not lodged an aquaculture agreement in respect of the stock before the expiry of the period specified in section 186ZI(1)(b) section 186ZI(2) 2: If the holder of the permit wishes to undertake aquaculture activities authorised by the permit, the holder must provide to each affected quota owner compensation for the loss of value of the owner's affected quota as determined by an arbitrator appointed in accordance with section 186ZO 3: In subsection (2), quota owner Gazette section 186H(2)(a) Section 186ZN inserted 1 October 2011 section 24 Fisheries Amendment Act 2011 186ZO: Submission to arbitration 1: The holder of a coastal permit may submit to an arbitrator a request to determine the amount of compensation to be provided under section 186ZN Arbitration Act 1996 2: For the purposes of the arbitration, an arbitrator is to be appointed— a: by agreement between the holder of the coastal permit and all the quota owners; but b: if they cannot agree, then by the President of the Arbitrators and Mediators Institute of New Zealand Incorporated or a person authorised by the President. Section 186ZO inserted 1 October 2011 section 24 Fisheries Amendment Act 2011 186ZP: Arbitrator to determine preliminary question about economic value of proposed aquaculture activities 1: Before determining the compensation to be provided to quota owners or a class of quota owners, an arbitrator must first determine the question in subsection (2). 2: The question is: which of the following is of materially greater economic value to New Zealand: a: the proposed aquaculture activities; or b: the fishing in relation to which the chief executive has made a reservation. 3: The arbitrator must determine the question on the basis of data and analysis provided by— a: the holder of the coastal permit; and b: the quota owners concerned. 4: In determining the question, the arbitrator must follow the methodology specified in any regulations made under section 186ZR(1)(a) 5: The arbitrator must determine the compensation payable to quota owners if the arbitrator determines the question in favour of the proposed aquaculture activities. 6: The arbitrator must not determine the compensation payable to quota owners if the arbitrator— a: determines the question in favour of the fishing in relation to which the chief executive has made a reservation; or b: decides that the question cannot be determined one way or the other. Section 186ZP inserted 1 October 2011 section 24 Fisheries Amendment Act 2011 186ZQ: Determination of compensation 1: In determining the compensation to be awarded to quota owners, an arbitrator must follow the methodology specified in any regulations made under section 186ZR(1)(b) 2: For the purposes of section 186ZR(3)(a)(ii) 3: The level of compensation provided under subsection (1) must be the same for each quota share for each quota stock. 4: The compensation awarded under subsection (1) must— a: be provided to the persons holding quota for the fish stock subject to the reservation; and b: be provided only to quota owners as defined in section 186ZN(3) 5: If, after the arbitrator has made an award, the holder of the coastal permit decides not to proceed with the aquaculture activities, then the holder of the permit must pay the quota owners' reasonable costs and expenses, as determined by the arbitrator, for participating in the arbitration. Section 186ZQ inserted 1 October 2011 section 24 Fisheries Amendment Act 2011 186ZR: Regulations relating to compensation 1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing— a: a methodology for determining the question in section 186ZP(2) b: for the purposes of section 186ZQ 2: The methodology prescribed under subsection (1)(a) must set out the type of data and analysis required for determining whether the proposed aquaculture activities or the fishing in respect of which the chief executive has made a reservation is of greater economic value to New Zealand. 3: The methodology prescribed under subsection (1)(b) must— a: provide for compensation to be calculated in proportion to the impact on fishing, including— i: increased fishing costs and any consequential disruption costs as a result of the proposed aquaculture activities, including a sum by way of solatium to fishing interests for any adjustments required as a result of the impact of the aquaculture activities; and ii: any complementary uses that might exist for the site in accordance with any submissions made under section 186ZQ(2) iii: the loss in value of affected quota, but only in relation to that part of the relevant average annual catch that is estimated would be reduced if the proposed aquaculture activities were to proceed; and b: provide for the calculation of compensation to be based on the size of the affected quota holding and the corresponding loss of quota value, including by reference to any recent transfers of the quota or associated annual catch entitlement. 4: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 186ZR inserted 1 October 2011 section 24 Fisheries Amendment Act 2011 Section 186ZR(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 10: Recordkeeping, reporting, disposal of fish, and provisions relating to taking and possession of fish for purpose of sale 187: References to weight of fish, aquatic life, or seaweed to be references to greenweight 1: Subject to subsections (2) and (3) and except as otherwise expressly provided, every reference in this Act to the weight of fish, aquatic life, or seaweed shall be construed as a reference to the greenweight of the fish, aquatic life, or seaweed. 2: If a declaration in respect of any stock under section 18 3: Every reference in this Act to the weight of any quota management stock that was, immediately before the commencement of this section, subject to Part 2A 188: Conversion factors 1: The chief executive may, by notice in the Gazette after consultation with such bodies or persons as the chief executive considers appropriate in the circumstances, including Maori, environmental, commercial, and recreational interests, a: the weight of the fish, aquatic life, or seaweed in the state to which it has been processed to the greenweight, or meatweight, as the case may be; or b: the weight of the fish, aquatic life, or seaweed, when taken, to the meatweight. 2: The chief executive may, in respect of any vessel on which fish, aquatic life, or seaweed is processed, having regard to the method of processing or the processing history of the vessel and after consultation with the owner, operator, or master of the vessel, issue a certificate specifying conversion factors for that vessel which shall for all purposes (including any proceedings for an offence against this Act) be used to determine the weight of any fish, aquatic life, or seaweed processed by that vessel within the terms of the certificate. 3: Every certificate issued under subsection (2)— a: shall apply in respect of fish, aquatic life, or seaweed processed during the currency of the certificate: b: may be subject to such conditions, including conditions relating to methods of taking, processing, packing, and labelling of fish, aquatic life, or seaweed, the presence of observers or fishery officers, or the recording of catches, as the chief executive thinks fit to impose: c: may at any time be revoked by the chief executive by notice in writing, or may be amended or replaced by a further certificate issued by the chief executive under subsection (2). 4: Any certificate issued under subsection (2) may be issued for such term as the chief executive thinks fit, and the certificate, or any revocation of the certificate, shall take effect on the date specified for the purpose by the chief executive, which date shall be not earlier than the earliest of the following dates or occasions: a: the commencement of the fishing year following that in which the owner, operator, or master of the vessel is issued with the certificate or notified of the revocation: b: the next departure of the vessel from any New Zealand port following the issue of the certificate or notification of the revocation: c: the day on which any observer who is present on the vessel concerned, after the owner, operator, or master is issued with the certificate or notified of the revocation, certifies that the current catch of the vessel has been recorded by that observer: d: such earlier date as may be agreed between the chief executive and the owner, operator, or master of the vessel. 5: The chief executive may, for any purpose referred to in section 59(6A) section 368A(11) Gazette a: set conversion factors for translating numbers of Foveaux Strait dredge oysters into weights, or vice versa: b: specify the circumstances in which or purpose for which any such Foveaux Strait dredge oyster conversion factors may or must be used, including the making of returns and records. 6: Any conversion factors specified under subsection (5) are to be used for determining the weight or number (as the case may require) of Foveaux Strait dredge oysters only for the purposes specified in the Gazette 1983 No 14 s 3A 1986 No 34 s 4 1990 No 29 s 3 Section 188(1) amended 23 June 1998 section 18 Fisheries (Remedial Issues) Amendment Act 1998 Section 188(5) added 1 April 1998 section 7 Fisheries (Foveaux Strait Dredge Oyster Fishery) Amendment Act 1998 Section 188(5) amended 1 November 2022 section 23 Fisheries Amendment Act 2022 Section 188(6) added 1 April 1998 section 7 Fisheries (Foveaux Strait Dredge Oyster Fishery) Amendment Act 1998 188A: Spat ratio 1: For the purpose of determining spat catch in circumstances where spat can only practically be harvested when attached to another species or kind of fish, aquatic life, or seaweed, the chief executive may, by notice in the Gazette 2: Before setting a spat ratio, the chief executive must consult with such bodies or persons as the chief executive considers appropriate in the circumstances. 3: Except as otherwise provided in the notice, the ratio set by the notice must for all purposes (including any proceedings for an offence against this Act or any regulations made under this Act) be used to determine— a: the weight or quantity of spat taken or landed with the other species or kind of fish, aquatic life, or seaweed; and b: if appropriate, the weight or quantity of the other species or kind of fish, aquatic life, or seaweed. Section 188A inserted 1 October 2004 section 44 Fisheries Amendment Act (No 3) 2004 189: Persons who are required to keep records and returns The following persons shall keep such accounts and records, and provide to the chief executive such returns and information, as may be required by or under regulations made under this Act: a: holders of fishing permits, special permits, licences, or other authorities or approvals issued or granted under this Act entitling the holder to take fish, aquatic life, or seaweed by any method for any purpose: b: owners, caveators, and mortgagees of quota, and owners and caveators of annual catch entitlements: c: owners, operators, notified users, and masters of vessels registered under this Act: d: owners and persons in charge of any premises where fish, aquatic life, or seaweed are received, purchased, stored, transported, processed, sold, or otherwise disposed of: e: persons engaged in the receiving, purchasing, transporting, processing, storage, sale, or disposal of fish, aquatic life, or seaweed: f: fish farmers and holders of spat catching permits: g: persons who provide vessels for hire for the purpose of enabling persons to take fish, aquatic life, or seaweed: h: persons who take fish, aquatic life, or seaweed otherwise than for the purpose of sale. i: holders of high seas fishing permits issued under section 113H j: holders of exemptions granted under section 113F Section 189(b) substituted 26 May 2001 section 21 Fisheries (Remedial Issues) Amendment Act 2001 Section 189(i) added 1 May 2001 section 17 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 189(j) added 1 May 2001 section 17 Fisheries Act 1996 Amendment Act (No 2) 1999 190: Accounts, records, returns, and other information 1: For the purpose of this Act, the chief executive may, in any particular case or class of cases,— a: require accounts, records, returns, and other information additional to those specified in regulations made under this Act to be kept and provided to the chief executive, by any person referred to in section 189 b: specify the manner and form in which such accounts, records, returns, and other information are to be kept and provided. 2: Every person who fails to comply with a specification of the chief executive under subsection (1)(b) commits an offence and is liable to the penalty specified in section 252(3) 1983 No 14 s 66 1986 No 34 s 13(1) 1990 No 29 s 33 Section 190(2) added 23 June 1998 section 19 Fisheries (Remedial Issues) Amendment Act 1998 Disposal of fish 191: Disposal of fish by commercial fishers 1A: In this section and section 192 commercial fisher section 113H 1: No commercial fisher may sell or otherwise dispose of fish, aquatic life, or seaweed, taken by the commercial fisher in that capacity, except— a: to a licensed fish receiver; or b: as provided in subsection (2) or (5); or c: by an approved alternative method of disposal in accordance with regulations made under section 297 2: Any commercial fisher may sell or otherwise dispose of, in any one transaction, not more than— a: 10 kilogrammes of finfish; or b: 6 kilogrammes of shellfish (other than Foveaux Strait dredge oysters or shellfish of class Crustacea); or ba: 60 Foveaux Strait dredge oysters; or c: 3 kilogrammes of shellfish of class Crustacea; or d: any combination of such finfish or shellfish within those limits— taken by the commercial fisher to any person who is not a licensed fish receiver if the transaction takes place on, or in the vicinity of, the vessel used by the commercial fisher to take the fish, aquatic life, or seaweed, or at some other place approved by the chief executive. 3: A commercial fisher shall not enter into more than 1 transaction referred to in subsection (2) with the same person within any 24-hour period. 4: Every commercial fisher who sells or otherwise disposes of any finfish or shellfish under subsection (2) shall, at the time of the transaction, make such records of the transaction as the commercial fisher is required to make under regulations made under this Act. 5: Subsection (1) does not apply in respect of fish, aquatic life, or seaweed— a: landed outside New Zealand in accordance with any approval granted by the chief executive under section 110 b: lawfully abandoned or returned, in accordance with section 72 c: lawfully used by the commercial fisher who took the fish, aquatic life, or seaweed as bait, or consumed on board the vessel from which the fish, aquatic life, or seaweed was taken ; or d: lawfully taken on the high seas and landed in any country other than New Zealand e: lawfully taken on the high seas and transhipped in accordance with a high seas fishing permit issued under section 113H 6: Every commercial fisher commits an offence and is liable to the penalty set out in section 252(3) 7: In proceedings for an offence relating to a contravention of subsection (1),— a: the prosecutor need not assert in the charging document that any exception or excuse in subsection (2) or (5) does not apply; and b: the burden of proving that the exception set out in subsection (5)(d) applies lies on the defendant. 1983 No 14 s 67 1986 No 34 s 13(1) 1990 No 29 s 34 Section 191(1A) inserted 1 October 2001 section 18(1) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 191(1) replaced 1 November 2022 section 8 Fisheries Amendment Act 2022 Section 191(2)(b) substituted 1 April 1998 section 8 Fisheries (Foveaux Strait Dredge Oyster Fishery) Amendment Act 1998 Section 191(2)(ba) inserted 1 April 1998 section 8 Fisheries (Foveaux Strait Dredge Oyster Fishery) Amendment Act 1998 Section 191(5)(c) amended 1 October 2001 section 18(2) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 191(5)(d) added 1 October 2001 section 18(3) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 191(5)(d) amended 1 October 2001 section 22 Fisheries (Remedial Issues) Amendment Act 2001 Section 191(5)(e) added 1 October 2001 section 18(3) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 191(7) inserted 1 July 2013 section 413 Criminal Procedure Act 2011 192: Restrictions on purchase or acquisition of fish by certain persons 1: No commercial fisher shall purchase, acquire, or be in possession of any fish, aquatic life, or seaweed for the purpose of sale, unless the fish, aquatic life, or seaweed was— a: taken in that person's capacity as a commercial fisher; or b: purchased or acquired by that person from a licensed fish receiver for use as bait in that person's commercial fishing activities. 2: No licensed fish receiver shall purchase or otherwise acquire or be in possession of any fish, aquatic life, or seaweed for the purpose of sale, unless the fish, aquatic life, or seaweed was— a: purchased or acquired for the purpose of sale from— i: a commercial fisher; or ii: another licensed fish receiver; or iii: a fish farmer; or iv: the operator of a foreign fishing vessel, if the fish, aquatic life, or seaweed was landed under the authority and in accordance with the conditions of a licence issued under section 83 v: the operator of a foreign vessel, if the fish, aquatic life, or seaweed was landed and disposed of in accordance with the conditions of an approval granted under section 113 b: lawfully taken by that person for the purpose of sale in the person's capacity as a commercial fisher, where that person has lawfully kept and completed all records, returns, and other documents required under this Act as if the commercial fisher and the licensed fish receiver had been separate persons; or c: acquired or possessed by the licensed fish receiver otherwise than for the purpose of sale by the licensed fish receiver in accordance with subsection (7). 3: 4: No spat catching permit holder shall be in possession of any fish, aquatic life, or seaweed for the purpose of sale, unless the fish, aquatic life, or seaweed was taken by that person in that person's capacity as a spat catching permit holder. 5: No person (other than a person who at the relevant time is acting in the person's capacity as a commercial fisher, licensed fish receiver, fish farmer, or spat catching permit holder) shall purchase, otherwise acquire, or be in possession of any fish, aquatic life, or seaweed for the purpose of sale, unless the fish, aquatic life, or seaweed was purchased or acquired from— a: a commercial fisher in a transaction referred to in section 191(2) b: a licensed fish receiver; or c: a fish farmer; or d: a person using an approved method of disposal in accordance with regulations made under section 297 6: Every person commits an offence and is liable to the penalty set out in section 252(3) 6A: In proceedings for an offence relating to a contravention of any of subsections (1) to (5),— a: the prosecutor need not assert in the charging document that any exception or excuse in those subsections does not apply; and b: the burden of proving that any exception or excuse applies lies on the defendant. 7: For the purposes of subsection (2)(c), fish, aquatic life, or seaweed is acquired or possessed by a licensed fish receiver in accordance with this subsection if the fish, aquatic life, or seaweed— a: is held by the licensed fish receiver for a person for storage or processing; and b: was taken by that person in accordance with any relevant amateur or Maori customary non-commercial fishing regulations made under this Act; and c: is held by the licensed fish receiver with the approval in writing of the chief executive (which approval may be granted either generally or particularly) but was not so held before that approval was granted; and d: is stored and processed in accordance with the conditions imposed by the chief executive (which conditions may relate to records and returns and such other conditions as the chief executive thinks fit to impose). 8: Subsection (5) does not apply in respect of fish, aquatic life, or seaweed if— a: the fish, aquatic life, or seaweed was lawfully purchased or acquired from an approved person; and b: that approved person has lawfully acquired or purchased the fish, aquatic life, or seaweed from a licensed fish receiver; and c: the purchase or acquisition, and the storage and disposal, of the fish, aquatic life, or seaweed, and the keeping of records in relation to it, was in accordance with the conditions of the approval granted by the chief executive. 9: Subsection (5) does not apply in respect of any fish, aquatic life, or seaweed produced in the course of a lawful fish farming operation and subsequently traded. 10: This section does not apply in respect of— a: whitebait, seaweed of the class Rhodophyceae taken while it is unattached and cast ashore, unwanted aquatic life, ornamental fish, seabirds, or protected species; or b: any fish, aquatic life, or seaweed lawfully taken outside New Zealand fisheries waters that has been landed in any country other than New Zealand c: any transaction with the Crown; or d: any fish, aquatic life, or seaweed lawfully taken otherwise than for the purpose of sale and served as part of a meal to the person who took the fish, aquatic life, or seaweed and the person's immediate guests. 1983 No 14 s 67A 1986 No 34 s 13(1) 1991 No 149 s 22 Section 192(3) repealed 1 January 2005 section 9 Fisheries Amendment Act (No 3) 2004 Section 192(5)(d) inserted 1 November 2022 section 9 Fisheries Amendment Act 2022 Section 192(6A) inserted 1 July 2013 section 413 Criminal Procedure Act 2011 Section 192(10)(b) amended 1 October 2001 section 23 Fisheries (Remedial Issues) Amendment Act 2001 192A: Restriction on acquisition of fish, aquatic life, and seaweed by fish farmers 1: No fish farmer may acquire or be in possession of any fish, aquatic life, or seaweed unless the fish, aquatic life, or seaweed was— a: purchased or acquired from another fish farmer or a licensed fish receiver; or b: lawfully bred or cultivated by the fish farmer; or c: harvestable spat that settled on fish farm structures if— i: the structures were lawfully placed or erected in the fish farm; and ii: the spat was of a species specified in the fish farmer's registration for the fish farm. 2: The chief executive may, by notice a: in respect of a specified fish farmer, class of fish farmers, or fish farmers generally: b: in respect of 1 or more species or states of fish, aquatic life, or seaweed. 3: In deciding whether to grant an exemption, the chief executive must have regard to— a: the origin of the fish, aquatic life, or seaweed; and b: the species life cycle and state of the fish, aquatic life, or seaweed; and c: the quantities of the fish, aquatic life, or seaweed; and d: any other matter that the chief executive considers relevant. 4: The chief executive may grant an exemption to a specified fish farmer only if the fish farmer has— a: applied, on an approved form, to the chief executive for the exemption; and b: paid the prescribed fee (if any). 5: Every person who contravenes subsection (1) commits an offence and is liable to the penalty set out in section 252(3) 6: In proceedings for an offence relating to a contravention of subsection (1),— a: the prosecutor need not assert in the charging document that the exceptions set out in paragraphs (a) to (c) do not apply; and b: the burden of proving that any of the exceptions set out in paragraphs (a) to (c) applies lies on the defendant. 7: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 192A inserted 1 January 2005 section 10 Fisheries Amendment Act (No 3) 2004 Section 192A(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 192A(6) inserted 1 July 2013 section 413 Criminal Procedure Act 2011 Section 192A(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 When fish deemed to be taken or possessed for purposes of sale 193: Fish in licensed premises or premises where food sold deemed to have been taken for purpose of sale 1: For the purpose of this Act, all fish, aquatic life, or seaweed in any premises owned or operated by any licensed fish receiver, shall, in the absence of proof to the contrary, be deemed to have been taken, and to be possessed, for the purpose of sale. 2: For the purpose of this Act, all fish, aquatic life, or seaweed in any premises where food is sold, prepared for sale, stored, or processed shall, in the absence of proof to the contrary, be deemed to have been taken, and to be possessed, for the purpose of sale. 1983 No 14 s 103 1986 No 34 s 27(1) 194: Fish in fish farm deemed to be farmed and possessed for sale For the purpose of this Act, all fish, aquatic life, or seaweed in, on, or transferred from any fish farm shall, in the absence of proof to the contrary, be deemed to be farmed, and to be possessed, for the purpose of sale. 195: Fish in excess of certain quantities deemed to have been acquired or possessed for purpose of sale For the purpose of this Act, any person in possession of any fish, aquatic life, or seaweed of an amount or quantity exceeding 3 times the amateur individual daily limit (if any) prescribed in respect of that fish, aquatic life, or seaweed, shall, in the absence of proof to the contrary, be deemed to have acquired, or to possess, the fish, aquatic life, or seaweed for the purpose of sale unless the fish, aquatic life, or seaweed was lawfully taken by a person under regulations made under section 186 1983 No 14 s 103A 1990 No 29 s 49 1992 No 121 s 35 11: Appointment and powers of fishery officers Appointment of fishery officers 196: Appointment of fishery officers 1: Such fishery officers and other officers as may be required for the purposes of the enforcement and administration of this Act shall be appointed under the Public Service Act 2020 2: For the purpose of this Act— a: every officer in command of any vessel or aircraft of the New Zealand Defence Force; and b: every constable shall be deemed to be a fishery officer and may, without warrant, exercise the powers conferred on fishery officers under this Act. 3: Where any person referred to in paragraph (a) or paragraph (b) of subsection (2) has directed any person under his or her command to carry out such of the duties of a fishery officer as he or she may specify, for such period as he or she thinks necessary, the person so directed shall, for the purpose of carrying out those duties, have all the powers of a fishery officer. 1983 No 14 s 76 Section 196(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 196(2)(b) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 197: Appointment of honorary fishery officers 1: The chief executive may, from time to time, appoint as honorary fishery officers for a specified area or areas such persons as the chief executive considers fit and proper. 2: Every person appointed as an honorary fishery officer under this section— a: shall be appointed for such term, not exceeding 3 years, as the chief executive thinks fit, and may be reappointed: b: may, at any time, be removed from office by the chief executive if the chief executive no longer considers him or her to be a fit and proper person for reasons of incapacity, neglect of office, misconduct, or otherwise: c: may at any time resign his or her office, and notification of such resignation shall be given to the chief executive. 3: There may be paid to any honorary fishery officer out of money appropriated by Parliament for the purpose— a: an honorarium at a rate determined by the chief executive b: reimbursement of actual and reasonable expenses incurred in the course of carrying out his or her powers and duties, where the chief executive has given prior authorisation and has subsequently approved the expenses. 4: No person appointed as an honorary fishery officer under this section shall be deemed to be employed by the Crown by reason of the appointment or any money paid to the person under this section. 1983 No 14 s 77 1987 No 65 s 65(1) Section 197(3)(a) amended 17 December 2016 section 49 Statutes Amendment Act 2016 198: Issue of warrants and conferral of powers 1: The chief executive may, from time to time, issue— a: to any person appointed in accordance with section 196 b: to any person appointed under section 197 i: such of those powers conferred on fishery officers under this Act as the person may exercise: ii: the area or areas to which the warrant relates: iii: if appropriate, the species c: to any person appointed under section 222 1A: Except as otherwise specified in the warrant, a warrant issued to an honorary fishery officer under subsection (1)(b) applies to all species or stocks of fish, aquatic life, or seaweed. 2: On the termination of a person's appointment as a fishery officer, honorary fishery officer, or examiner under this Act, the person shall surrender to the chief executive any warrant issued to the person in respect of that appointment. 1983 No 14 s 78 1987 No 65 s 65(1) 1990 No 31 s 137 Section 198(1)b)(iii) amended 1 October 2004 section 45(1) Fisheries Amendment Act (No 3) 2004 Section 198(1A) inserted 1 October 2004 section 45(2) Fisheries Amendment Act (No 3) 2004 198A: Powers may be exercised outside New Zealand fisheries waters To avoid doubt, the powers of a fishery officer conferred by or under this Part may be exercised in relation to any conduct, whether or not the conduct occurred in New Zealand fisheries waters. Section 198A inserted 1 October 2001 section 19 Fisheries Act 1996 Amendment Act (No 2) 1999 Powers of entry, search, and questioning 199: Powers of entry and examination for regulatory purposes 1: In the course of the enforcement and administration of this Act, a fishery officer may, at any reasonable time,— a: examine any vessel, vehicle, premises, or other place (by stopping or opening the thing or place, as the case requires, where necessary) and— i: examine any fish, aquatic life, or seaweed in that thing or at that place; or ii: examine any accounts, records, returns, or other documents in that thing or at that place that may be relevant to monitoring compliance with this Act or any regulations made under this Act; or iii: examine any record, authority, approval, permission, licence, or authority in that thing or at that place that may be relevant to monitoring compliance with this Act or any regulations made under this Act; or iv: examine any article, gear, container, apparatus, device, or thing relating to the taking, sale, purchase, farming, or possession of any fish, aquatic life, or seaweed that is in that thing or at that place: b: enter, pass across, or remain upon any land for the purpose of observing any public place, including by the use of a visual surveillance device: c: stop any person and examine any thing referred to in paragraph (a)(i) to (iv) that is in the possession of that person: d: for the purposes of any examination under paragraph (a) or (c),— i: open, or direct any person to open, any thing that may be examined; and ii: take any sample of a thing that may be examined, for forensic or other scientific testing: e: for the purposes of exercising any power conferred by paragraph (a), enter or pass across any land. 2: A fishery officer may detain any vessel, vehicle, conveyance of any kind, parcel, package, record, document, article, gear, apparatus, device, container, fish, aquatic life, seaweed, or thing for any period that is reasonably necessary to enable the fishery officer to carry out an examination under this section. 3: In this section and in section 199A visual surveillance device Section 199 replaced 18 April 2012 section 248 Search and Surveillance Act 2012 199A: Powers of entry and search for law enforcement purposes 1: Subsection (2) applies to a fishery officer if he or she believes, on reasonable grounds, that— a: an offence is being or has been committed against this Act; and b: there may be concealed or located or held in any vessel, vehicle, conveyance of any kind, premises, place, parcel, package, record, or thing— i: any fish, aquatic life, or seaweed taken or thing used or intended to be used in contravention of this Act; or ii: any article, record, document, or thing that will be evidence as to the commission of an offence against this Act. 2: If this subsection applies to a fishery officer, then, for the purpose of enforcing this Act, that officer may— a: enter, examine, and search any such premises or place, or any such vessel, vehicle, or conveyance of any kind (by stopping or opening the thing or place, as the case requires, where necessary); and b: enter, pass across, or remain upon any land for the purpose of observing any public place, including by the use of a visual surveillance device; and c: examine and search (by opening the thing where necessary) any such parcel, package, record, or thing; and d: for the purposes of exercising any power conferred by paragraph (a), enter or pass across any land. 3: A fishery officer may detain any vessel, vehicle, conveyance of any kind, parcel, package, record, document, article, gear, apparatus, device, container, fish, aquatic life, seaweed, or thing for such period as is reasonably necessary to enable the fishery officer to carry out an examination or a search under this section. Section 199A inserted 18 April 2012 section 248 Search and Surveillance Act 2012 199B: Application of Part 4 of Search and Surveillance Act 2012 1: The provisions of Part 4 subparts 2 3 section 119 subpart 8 section 199(1) 2: The provisions of Part 4 subparts 3 8 section 199A Section 199B inserted 1 October 2012 section 249 Search and Surveillance Act 2012 200: Conditions relating to exercise of powers of entry, etc 1: A fishery officer shall not exercise any power under this Act to enter a place that is a private dwelling place, or the enclosed garden or curtilage of a private dwelling place, or any Maori reservation constituted by or under the Maori Affairs Act 1953 Part 17 an issuing officer (within the meaning of section 3 2: An application for authorisation must be made by a fishery officer in the manner provided for an application for a search warrant under subpart 3 of Part 4 3: An issuing officer 4: The provisions of subparts 1 3 7 9 10 5: For the purposes of this section, a place is a private dwelling if private dwelling is the dominant purpose for which the place is used. 1983 No 14 s 79(2), (2A) 1991 No 14 s 23 Section 200(1) amended 1 October 2012 section 250(1) Search and Surveillance Act 2012 Section 200(2) replaced 1 October 2012 section 250(2) Search and Surveillance Act 2012 Section 200(3) amended 1 October 2012 section 250(3) Search and Surveillance Act 2012 Section 200(4) replaced 1 October 2012 section 250(4) Search and Surveillance Act 2012 201: Power to question persons and require production of documents For the purpose of the enforcement of this Act, if a fishery officer believes on reasonable grounds that— a: a person is or has been engaged in the taking or selling of fish, aquatic life, or seaweed; or b: a person has purchased or is or has been in possession of fish, aquatic life, or seaweed; or c: a person is committing or has committed an offence against this Act,— the fishery officer may, at any reasonable time,— d: question that person or any other person; and e: require the person being questioned to provide an answer, including any explanation or information concerning any vessel, or any place or thing, or any fish, aquatic life, or seaweed, or fishing method, gear, apparatus, record, document, article, device, or thing relating to the taking, sale, purchase, or possession of any fish, aquatic life, or seaweed; and f: require that person or any other person to produce any permit, authority, approval, permission, licence, or certificate issued in respect of any vessel or person. 1983 No 14 s 79(1)(c) 202: Powers for purpose of ascertaining financial status or interest in forfeit property of certain persons In order to ascertain— a: a person's financial status, for the purpose of assisting the Crown to make submissions on sentencing in respect of offences against this Act; or aa: whether any quota is associated quota as defined in section 255 b: the nature of any person's interest in forfeit property, for the purpose of assisting the court to make any determination or order in respect of such property under section 256 a fishery officer may, with the leave of the court, exercise all or any of the fishery officer powers exercisable under other provisions of this Act as if those powers were each expressed to be exercisable in the circumstances referred to in this section. Section 202(aa) inserted 1 October 2001 section 20 Fisheries Amendment Act 2001 Power of arrest 203: Power of arrest 1: For the purpose of the enforcement of this Act, a fishery officer may, if he or she believes on reasonable grounds that any person is offending against this Act, order that person to forthwith desist from offending. 2: For the purpose of the enforcement of this Act, a fishery officer may, at any reasonable time, if he or she believes on reasonable grounds that any person is offending or has committed an offence against this Act, request that person to supply to that fishery officer the person's full legal name, any other name by which the person is commonly known, and the person's date of birth, actual place of residence, and occupation. 3: If the fishery officer believes on reasonable grounds that any of the details supplied under subsection (2) are false or misleading, the fishery officer may request that person to supply to that fishery officer such verification of those details as it is reasonable in the circumstances to require the person to provide. 4: If any person continues to offend after being required under subsection (1) to desist, or refuses to comply with a request under subsection (2) or subsection (3), the fishery officer may arrest that person without warrant. 5: If a fishery officer arrests a person under subsection (4),— a: the fishery officer shall cause the person to be delivered into the custody of a constable b: if the person so delivered into custody is issued with a summons pursuant to sections 28 30 section 31 1983 No 14 s 79(1)(d), (5A) 1990 No 29 s 37(4) Section 203(2) amended 1 October 2004 section 46 Fisheries Amendment Act (No 3) 2004 Section 203(5)(a) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 203(5)(b) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Power to give directions 204: Power to give directions to master 1: For the purpose of the enforcement of this Act, a fishery officer may, if he or she believes that a vessel is being or has been used in contravention of the provisions of this Act or of the conditions of any permit, authority, approval, permission, licence, registration, or certificate issued under this Act, require the master to take the vessel, as soon as reasonably practicable, to the nearest available port, or such other port as is agreed between the master and the fishery officer. 2: If a fishery officer has given a direction under subsection (1), he or she may also give to the master or any person on board the vessel any reasonable directions in respect of any activity, method, procedure, item, gear, document, fish, aquatic life, seaweed, property, or thing while the vessel is proceeding to port. 1983 No 14 s 79(1)(e) Power to use reasonable force 205: Power to use reasonable force in exercise of certain powers For the purpose of the enforcement of this Act, other than the exercise of any power under section 201 as is necessary Section 205 amended 1 October 2012 section 250(5) Search and Surveillance Act 2012 Power to take copies of documents 206: Power to take copies of documents 1: In exercising powers under this Act, a fishery officer may— a: make or take copies of any record or document, and for this purpose may take possession of and remove from the place where they are kept any such record or document, for such period of time as is reasonable in the circumstances: b: if necessary, require a person to reproduce, or assist the fishery officer to reproduce, in a useable form, information recorded or stored in a document. 2: Any documents to which section 137 section 137 of that Act 1983 No 14 s 79(4) Section 206(2) amended 1 October 2012 section 250(6)(a) Search and Surveillance Act 2012 Section 206(2) amended 1 October 2012 section 250(6)(b) Search and Surveillance Act 2012 Provisions relating to seizure 207: Powers of seizure 1: A fishery officer may seize— a: any vessel, vehicle or other conveyance, fishing gear, implement, appliance, material, container, goods, equipment, or thing which he or she believes on reasonable grounds is being or has been or is intended to be used in the commission of an offence against this Act: b: any fish, aquatic life, or seaweed which he or she believes on reasonable grounds are being, or have been, taken, killed, transported, bought, sold, or found in the possession of any person, in contravention of this Act; or any fish, aquatic life, or seaweed with which such fish, aquatic life, or seaweed have been intermixed: c: any article, record, document, or thing which he or she believes on reasonable grounds is evidence of the commission of an offence against this Act. 2: Subparts 1 5 6 7 9 10 3: 4: 1983 No 14 s 80(1), (2) 1990 No 29 s 38(1) Section 207(2) replaced 1 October 2012 section 250(7) Search and Surveillance Act 2012 Section 207(3) repealed 1 October 2012 section 250(7) Search and Surveillance Act 2012 Section 207(4) repealed 1 October 2012 section 250(7) Search and Surveillance Act 2012 Provisions relating to seized property 208: Chief executive may release seized property under bond Section 208 repealed 1 October 2012 section 251(1) Search and Surveillance Act 2012 209: Seized property to be held by the Crown if not released Section 209 repealed 1 October 2012 section 251(1) Search and Surveillance Act 2012 210: Crown to release seized property in certain circumstances Section 210 repealed 1 October 2012 section 251(1) Search and Surveillance Act 2012 211: Seized property forfeited to the Crown if ownership not established Section 211 repealed 1 October 2012 section 251(1) Search and Surveillance Act 2012 212: Chief executive may sell perishable seized property If, in the opinion of the chief executive, any fish, aquatic life, seaweed, or other thing seized under section 207 and the thing is liable to be forfeited under this Act if the owner is convicted, 1983 No 14 s 80(4) Section 212 amended 1 October 2012 section 251(2) Search and Surveillance Act 2012 213: Protection of the Crown 1: The Crown shall not be liable to any person for any spoilage or deterioration in the quality of any fish, aquatic life, seaweed, or other thing detained under section 199 or 199A section 207 section 212 2: Notwithstanding any other provisions in this Part, a fishery officer who at the time of seizure returns to the water any fish, aquatic life, or seaweed seized under section 207 file a charging document 1983 No 14 s 80(8), (10) Section 213(1) amended 18 April 2012 section 251(3) Search and Surveillance Act 2012 Section 213(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Crown caveats 214: Crown caveats preventing registration of transactions 1: If— a: any person has been charged with an offence under this Act and conviction for that offence may result in forfeiture of quota under section 255C section 255D b: a fishery officer believes on reasonable grounds that any person has committed such an offence,— the chief executive may direct that a caveat be registered under this Act owned by that person or associated quota (as defined in section 255 2: A court may at any time, on application by the owner of any quota or the owner of any quota alleged to be associated quota 3: A caveat registered in respect of quota in accordance with a direction to which subsection (1)(a) applies shall have effect until all proceedings in respect of the relevant offence have been finally determined. 4: A caveat registered in respect of quota in accordance with a direction to which subsection (1)(b) applies shall lapse on the expiry of the 30th day after the date of its registration, or at such earlier date as may, at the direction of the chief executive, be specified in the caveat. 5: Upon application to a court by the chief executive, or any fishery officer, the court may extend the duration of any caveat, registered in respect of quota in accordance with a direction to which subsection (1)(b) applies, for a period of up to 60 days from the date on which the caveat would otherwise expire, and upon such conditions as the court may specify. 6: Any application under subsection (5) shall be made before the expiry of the current caveat and the application shall have the effect of extending the duration of the current caveat until the court makes an order determining the application. 7: No application under subsection (5) shall be heard by the court unless it is satisfied that notice of the application has been served on any owner of quota, in respect of which quota a caveat has been registered in accordance with a direction to which subsection (1)(b) applies, at least 7 days before the hearing of the application. 8: On any decision being made not to file a charging document 9: In this section, except for subsection (1), the terms quota quota shares section 255 1983 No 14 ss 28Q(7), (8) 80A 1986 No 34 s 10 1990 No 29 ss 17(5) 39(1) 1991 No 149 s 24 Section 214(1) amended 1 October 2001 section 21(1) Fisheries Amendment Act 2001 Section 214(1) amended 1 October 2001 section 50(1)(b) Fisheries Act 1996 Amendment Act 1999 Section 214(1)(a) amended 1 October 2001 section 50(1)(a) Fisheries Act 1996 Amendment Act 1999 Section 214(2) amended 1 October 2001 section 21(2) Fisheries Amendment Act 2001 Section 214(8) substituted 1 October 2001 section 50(2) Fisheries Act 1996 Amendment Act 1999 Section 214(8) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 214(9) added 1 October 2001 section 21(3) Fisheries Amendment Act 2001 General powers 215: General powers 1: A fishery officer may do all such acts and things and give such directives as are reasonably necessary for the purposes of exercising any of his or her powers under this Act. 2: The powers of a fishery officer under this Act are exercisable— a: within New Zealand: b: in New Zealand fisheries waters: c: beyond New Zealand fisheries waters 3: Subsection (2)(c) does not authorise a fishery officer to exercise any powers under this Act in respect of any foreign vessel or any person aboard any such vessel unless the fishery officer— a: believes on reasonable grounds that any person on board the vessel has committed an offence in New Zealand fisheries waters; and b: is in fresh pursuit of, or has freshly pursued, the vessel; and c: commenced that pursuit in New Zealand fisheries waters. 4: In this section, freshly pursued pursued without interruption section 6 fresh pursuit 1983 No 14 s 79(1)(f) Section 215(2)(c) amended 1 October 2001 section 20 Fisheries (Remedial Issues) Amendment Act 1998 Section 215(4) inserted 21 May 2022 section 54 Maritime Powers Act 2022 Provisions relating to exercise of powers 216: Protection against self-incrimination Nothing in this Part shall be construed so as to require any person to answer any question tending to incriminate himself or herself. 1983 No 14 s 79(3) 217: Fishery officer to provide identification A fishery officer or high seas fishery inspector or high seas fishery inspector or high seas fishery inspector 1983 No 14 s 79(5) Section 217 amended 1 October 2001 section 20 Fisheries Act 1996 Amendment Act (No 2) 1999 218: Production of warrant to be sufficient authority to act The production by a fishery officer, honorary fishery officer, or examiner of a warrant issued to him or her under section 198 Section 218 substituted 1 October 2001 section 21 Fisheries Act 1996 Amendment Act (No 2) 1999 219: Persons to assist fishery officer or high seas fishery inspector 1: Any fishery officer or high seas fishery inspector 2: All persons called upon to assist any fishery officer or high seas fishery inspector 1983 No 14 s 81 Section 219 amended 1 October 2001 section 22 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 219(1) amended 1 October 2001 section 22 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 219(2) amended 1 October 2001 section 22 Fisheries Act 1996 Amendment Act (No 2) 1999 220: Protection of fishery officer or high seas fishery inspector 1: No fishery officer or high seas fishery inspector 2: A person who, in acting under the directions of a fishery officer in accordance with section 196(3) or under the directions of a high seas fishery inspector under section 113Q(3) 3: A person who, while assisting a fishery officer or high seas fishery inspector section 219 4: The Crown may not be held directly or indirectly liable for an act or omission of any such fishery officer, high seas fishery inspector, or person, unless the officer, inspector, or person would himself or herself incur liability for the act or omission. 5: This section is subject to sections 164 to 168 1983 No 14 s 83 Section 220 amended 1 October 2001 section 23 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 220(1) amended 1 October 2001 section 23(1) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 220(2) amended 1 October 2001 section 23(2) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 220(3) amended 1 October 2001 section 23(3) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 220(4) substituted 1 October 2001 section 23(4) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 220(5) inserted 1 October 2012 section 251(4) Search and Surveillance Act 2012 221: Complaints against fishery officers or high seas fishery inspectors 1: A person may lodge a complaint in writing with the chief executive if the person believes that a fishery officer or a high seas fishery inspector is guilty of misconduct or neglect of duty in the exercise, or alleged exercise, of— a: a power conferred on fishery officers by this Part; or b: any other powers conferred on high seas fishery inspectors by Part 6A 2: Every such complaint shall contain details of the alleged misconduct or neglect of duty and the chief executive may, in order to satisfy himself or herself as to the nature of the complaint, require further particulars from the complainant. 3: The chief executive shall, after receiving a complaint made in accordance with this section and further particulars (if any),— a: notify the fishery officer or high seas fishery inspector b: subject to subsection (6), appoint an investigator to investigate the complaint in accordance with this section. 4: The investigator shall notify the fishery officer or high seas fishery inspector 5: The chief executive must, after receiving the investigator's report and after giving the fishery officer or high seas fishery inspector concerned the opportunity to comment on it,— a: decide whether the complaint should be upheld in whole or in part; and b: notify the fishery officer, or high seas fishery inspector, and the complainant of the chief executive's decision. 6: If the chief executive is satisfied that a complaint may, if proven, amount to serious misconduct or serious neglect of duty, the investigator appointed under subsection (3)(b) to inquire into the complaint and report in accordance with subsection (4) shall be a person who— a: is not an employee of the Ministry; and b: has held a practising certificate as a barrister or solicitor for at least 7 years. 7: The investigator referred to in subsection (6) has the same powers as are conferred on a Commission of Inquiry by the Commissions of Inquiry Act 1908 sections 11 12 8: Nothing in this section requires the chief executive to investigate any complaint which he or she considers is frivolous or vexatious. Section 221 substituted 1 October 2001 section 24 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 221(1) substituted 1 October 2001 section 24(1) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 221(3)(a) amended 1 October 2001 section 24(2) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 221(4) amended 1 October 2001 section 24(2) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 221(5) substituted 1 October 2001 section 24(3) Fisheries Act 1996 Amendment Act (No 2) 1999 Examiners 222: Examiners 1: The chief executive may appoint any person to be an examiner to assist in the enforcement and administration of Part 10 2: Any appointment under subsection (1) may, but is not required to, be made under the Public Service Act 2020 3: Each examiner appointed under this section shall be issued with a warrant under section 198 1983 No 14 s 67B 1986 No 34 s 13(1) 1990 No 29 s 33 Section 222(2) amended 7 August 2020 section 135 Public Service Act 2020 12: Observer programme 223: Observer programme established 1: The observer programme is established for the purposes of— a: collecting reliable and accurate information for fisheries research, fisheries management, and fisheries enforcement: b: collecting reliable and accurate information about vessel safety and employment on fishing vessels: c: collecting reliable and accurate information about compliance with maritime rules relating to pollution and the discharge of waste material from vessels. 2: The chief executive may appoint any person to be an observer for the purposes of the observer programme under subsection (1), and an observer so appointed has all the powers of an observer under sections 225 227 3: The chief executive may place any observer appointed under this section on any vessel to— a: observe fishing and the transhipment, transportation, and landing of fish, aquatic life, or seaweed; and b: collect reliable and accurate information specified in subsection (1). 4: An observer may collect any information on fisheries resources, fishing (including catch and effort information), the effect of fishing on the aquatic environment, and the transportation of fish, aquatic life, or seaweed, or on any other matter, a: the species, quantity, size, age, and condition of fish, aquatic life, or seaweed taken: b: the methods by which, the areas in which, and the depths at which, fish, aquatic life, or seaweed are taken: c: the effects of fishing methods on fish, aquatic life, seaweed, and the aquatic environment (including seabirds and protected species): d: all aspects of the operation of any vessel (including any matter relating to vessel safety, the employment of any person on the vessel, or maritime rules relating to pollution and the discharge of waste material from vessels) e: processing, transportation, transhipment, storage, or disposal of any fish, aquatic life, seaweed, waste, or any other matter f: any other matter that may assist the chief executive or the Minister to obtain, analyse, or verify information for the purposes of fisheries research, fisheries management, and fisheries enforcement: g: any other matter that may assist any person, department, or agency with statutory responsibilities for vessel safety, employment matters, or maritime rules relating to pollution and the discharge of waste material from vessels to obtain, analyse, or verify information relevant to those responsibilities. 5: No fishery officer or any person with the powers of a fishery officer shall be appointed under subsection (2). 6: No person shall be deemed to be employed in the service of the Crown by reason of that person having been appointed as an observer. 1983 No 14 ss 67C 67D 1986 No 34 s 13(1) Section 223(1) replaced 8 August 2014 section 11(1) Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 Section 223(3) replaced 8 August 2014 section 11(2) Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 Section 223(4) amended 8 August 2014 section 11(3) Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 Section 223(4)(d) amended 8 August 2014 section 11(4) Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 Section 223(4)(e) amended 8 August 2014 section 11(5) Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 Section 223(4)(g) inserted 8 August 2014 section 11(6) Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 224: Chief executive to give notice of intention to place observer on vessel 1: Before placing any observer on a vessel, the chief executive shall give the owner, master, operator, or licence holder, of or in respect of the vessel, reasonable notice of his or her intention to place observers on the vessel. 2: Upon receipt of a notice given under subsection (1), no person shall cause or allow the vessel to which the notice relates to put to sea without having on board the number of observers specified in the notice given under that subsection. 3: Every person commits an offence and is liable to the penalty set out in section 252(3) 4: For the purposes of this section, the term reasonable notice 1983 No 14 s 67E 1986 No 34 s 13(1) 225: Powers of observers and obligations of persons on vessels carrying observers 1: The owner, master, or operator of any vessel, or licence holder in respect of any vessel, on which an observer is placed under this Part shall allow the observer, at any reasonable time, having regard to the operations of the vessel, to— a: have access to the fishing gear and the storage and processing facilities on the vessel: b: have access to any fish, aquatic life, or seaweed (including seabirds and protected species) on board the vessel: c: have access to the bridge and the navigation and communications equipment of the vessel: d: have access to the logs and records of the vessel, whether required to be carried and maintained by or under this Act or otherwise: da: have access to any safety equipment and to any document concerning the manufacture or operation of the equipment: db: have access to any person engaged or employed to do work on the vessel so that, if the observer so wishes, the observer may discuss with that person any matter concerning his or her engagement or employment on the vessel: e: receive and transmit messages and communicate with the shore and other vessels: f: take, measure, and retain samples or whole specimens of any fish, aquatic life, seaweed, or any seabird or protected species caught: g: store samples and whole specimens on the vessel, including samples and whole specimens held in the vessel's freezing facilities. 2: Every person on board a vessel on which there is an observer commits an offence, and is liable to the penalty set out in section 252(3) a: fails to provide reasonable assistance to enable the observer to exercise powers under subsection (1); or b: hinders or prevents the observer exercising those powers. 1983 No 14 s 67F 1986 No 34 s 13(1) Section 225(1)(da) inserted 8 August 2014 section 12 Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 Section 225(1)(db) inserted 8 August 2014 section 12 Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 226: Food and accommodation to be provided for observers 1: The owner, master, or operator of any vessel, or licence holder in respect of any vessel, on which an observer is placed under this Part shall provide food, accommodation, and access to any cooking and toilet facilities and amenities to an approved standard and free of charge. 2: Every person commits an offence and is liable to the penalty set out in section 252(5) 1983 No 14 s 67G(1) 1986 No 34 s 13(1) 227: Supervision by observers of transhipments, dumping of fish, and operation of conversion factors 1: If an observer is on board a vessel— a: from which, or to which, any fish, aquatic life, or seaweed are transhipped; or b: from which any fish, aquatic life, or seaweed subject to the quota management system are returned to or abandoned in the sea; or c: in respect of which any conversion factor certificate may be or has been given under section 188(2) d: which is taking or has taken fish, aquatic life, or seaweed outside New Zealand fisheries waters,— the master of the vessel or, in the case of transhipment, the master of each vessel, shall provide such information, and shall allow the observer to carry out such inspections (including sampling and measuring) of the vessel, any fish, aquatic life, or seaweed, taken, processed, transhipped, or landed, and documents, as the observer may require for the purpose of— e: observing the transhipment, abandonment, or return to sea; or f: collecting information on the method of processing, and performance of the vessel in undertaking such processing, in order to determine or monitor any conversion factor; or g: observing the fishing activities of the vessel and the landing and disposal of its catch; or h: taking, measuring, and retaining samples or whole specimens of any fish, aquatic life, seaweed, seabirds, or protected species caught. 2: An observer may take and make copies of such records, documents, or information as the observer may require for the purposes of subsection (1). 3: An observer may store in the vessel's freezing facilities such samples and whole specimens of any fish, aquatic life, seaweed, seabirds, or protected species as the observer may require for the purposes of subsection (1). 4: Every person commits an offence and is liable to the penalty set out in section 252(3) 1983 No 14 s 67H 1990 No 29 s 36 227A: Installation and maintenance of equipment on vessels may be required 1: The chief executive may require, in relation to any vessel, that specified equipment to observe fishing and related activities described in paragraph (e) of the definition of fisheries services in section 2(1) section 297(1)(ca) 2: Subsection (1) includes power to require that specified equipment be operated throughout or at any time during a vessel’s voyage. Section 227A inserted 8 August 2014 section 13 Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 Section 227A(1) amended 1 November 2022 section 10(1) Fisheries Amendment Act 2022 Section 227A(2) inserted 1 November 2022 section 10(2) Fisheries Amendment Act 2022 13: Offences and penalties 228: Breach of conditions or requirements 1: Every person commits an offence who contravenes, or fails to comply with,— a: any sustainability measure implemented by notice in the Gazette section 11(4)(b)(i) b: any condition or requirement imposed by the chief executive in respect of any consent, approval, authority, permission, or certificate issued or granted under this Act (other than a requirement to pay a sum of money). 2: Every person who commits an offence against subsection (1) is liable to the penalty set out in section 252(5) 1983 No 14 ss 93 107 1986 No 34 s 27(1) 1990 No 29 s 51 Section 228(1) substituted 1 October 2000 section 51 Fisheries Act 1996 Amendment Act 1999 229: Obstructing fishery officers 1: Every person commits an offence who— a: resists or obstructs, or aids, abets, incites, or encourages any other person to resist or obstruct,— i: any fishery officer executing his or her powers or duties; or ii: any person assisting a fishery officer in accordance with section 219 iii: any person acting under the directions of a fishery officer in accordance with section 196(3) b: uses threatening language or behaves in a threatening manner towards— i: any fishery officer executing his or her powers or duties; or ii: any person assisting a fishery officer in accordance with section 219 iii: any person acting under the directions of a fishery officer in accordance with section 196(3) c: fails to comply with any lawful requirement of any fishery officer; or d: provides to any fishery officer any particulars that are false or misleading in any material respect; or e: personates or falsely claims to be a fishery officer or a person lawfully assisting a fishery officer. 2: Every person who refuses to allow any fishery officer, any person assisting a fishery officer in accordance with section 219 section 196(3) 3: For the avoidance of doubt, this section applies whenever a fishery officer exercises powers under section 215 4: Every person who commits an offence against subsection (1) is liable to the penalty set out in section 252(3) 1983 No 14 ss 95 107 1986 No 34 s 27(1) 1990 No 29 s 51 230: Neglect or refusal to supply particulars, and improper divulging of information 1: Every person commits an offence who— a: fails to keep, or provide, any accounts or records, or who neglects or refuses to provide any records, return, or information, when lawfully requested or required to do so under this Act; or b: makes any false or misleading statement, or omits any material information, in any communication, application, record, or return prescribed by or in accordance with this Act, or required for its administration. 2: Every person who commits an offence against subsection (1) is liable to the penalty set out in section 252(3) 1983 No 14 ss 96 107 1986 No 34 s 27(1) 231: Knowingly making false statement or using false document to obtain benefit 1: A person commits an offence if the person knowingly, for the purpose of obtaining any benefit under this Act,— a: makes any false or misleading statement; or b: omits any information— in any communication, application, record, or return prescribed by or in accordance with this Act, or required for its administration. 2: Every person commits an offence who knowingly, for the purpose of obtaining any benefit under this Act,— a: uses, deals with, or acts upon; or b: causes any other person to use, deal with, or act upon— any false communication, application, record, or return prescribed by or in accordance with this Act, or required for its administration. 3: Every person who commits an offence against subsection (1) or subsection (2) is liable to the penalty set out in section 252(1) Section 231 amended 1 October 2001 section 52 Fisheries Act 1996 Amendment Act 1999 Section 231(1) substituted 1 October 2001 section 52 Fisheries Act 1996 Amendment Act 1999 232: Buying, selling, or possessing fish contrary to Act 1: Every person commits an offence who buys, sells, or possesses any fish, aquatic life, or seaweed taken in contravention of this Act. 2: Every person commits an offence who buys, sells, or possesses any fish, aquatic life, or seaweed the taking or landing of which has not been recorded or reported in accordance with this Act. 3: For the purposes of subsections (1) and (2), fish, aquatic life, or seaweed shall be deemed to be sold if it forms part of a meal and either— a: payment is made for that meal or any part of the meal; or b: the meal is supplied to any person who is employed by the person by whom the meal is supplied (whether in accordance with the terms of a contract of service or otherwise). 4: Every person who commits an offence against subsection (1) or subsection (2) is liable to the penalty set out in section 252(3) 1983 No 14 ss 97 107 1986 No 34 s 27(1) 233: Knowingly acting in contravention of Act to obtain a benefit 1: Every person commits an offence who obtains any benefit by knowingly taking, possessing, receiving, procuring, processing, conveying, selling, or otherwise dealing with any fish, aquatic life, or seaweed otherwise than in accordance with this Act. 2: Every person commits an offence who, with the intention of obtaining any benefit, knowingly takes, possesses, receives, procures, processes, conveys, sells, or otherwise deals with any fish, aquatic life, or seaweed otherwise than in accordance with this Act. 3: For the purposes of this section, benefit 4: Every person who commits an offence against subsection (1) or subsection (2) is liable to the penalty set out in section 252(1) Section 233 substituted 19 March 2004 section 6 Fisheries Amendment Act 2004 234: Using hazardous substance to catch or destroy fish 1: Every person commits an offence who uses, in any New Zealand fisheries waters, any narcotic or hazardous substance or electric fishing device for the purpose of taking any fish, aquatic life, or seaweed. 2: Every person who commits an offence against subsection (1) is liable to the penalty set out in section 252(5) 1983 No 14 ss 98 107 1986 No 34 s 27(1) 235: Knowingly permitting premises to be used for offence against Act 1: Every person commits an offence who knowingly permits any premises to be used for the commission of an offence against this Act. 2: Every person convicted of an offence against subsection (1) is liable to the same penalty as that set out in section 252 1983 No 14 ss 98A 107 1990 No 29 s 45 Proceedings, defences, etc 236: Proceedings for offences 1: Any offence against this Act shall be deemed to have been committed in New Zealand. 2: Despite anything to the contrary in section 25 a: ends on the date that is 12 months after the date on which the offence was committed if the offence is one for which the maximum fine does not exceed $10,000: b: ends on the date that is 2 years after the date on which the offence was committed if the offence is one for which the maximum fine exceeds $10,000. 3: No prosecution for an offence against this Act may be commenced except by— a: the chief executive; or b: the chief executive of the department for the time being responsible for the administration of the Conservation Act 1987 c: any fishery officer; or d: the Fish and Game Council in any district in which an offence has been committed or an offender is found. Section 236(2) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 236(3) added 1 October 2001 section 53 Fisheries Act 1996 Amendment Act 1999 237: Summons may be served on agent of foreign vessel 1: Any summons in respect of an offence against this Act that relates to any foreign fishing vessel or foreign-owned New Zealand fishing vessel or foreign-operated fish carrier shall be deemed to have been served on the defendant in accordance with rules made under the Criminal Procedure Act 2011 permitted by those rules a: the operator of any foreign-owned New Zealand fishing vessel or any foreign-operated fish carrier; or b: the foreign charterparty of any foreign-owned New Zealand fishing vessel; or c: the operator of any foreign fishing vessel. 2: For the purposes of subsection (1), the authorised agent shall be the person nominated as authorised agent at the time of registration or licensing of the vessel, as the case may be, whether or not the vessel is currently registered or licensed under this Act. 1983 No 14 s 104(1), (2), (3), (6) 1987 No 117 s 11(1) Section 237(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 238: Charges 1: If 2 or more charging documents charging a defendant with any offence against this Act have been filed, the court may, despite any other enactment or rule of law, order that any specified charges be tried together, if satisfied that— a: either— i: the offences are founded on the same set of facts; or ii: the offences form, or are part of, a series of offences of the same character or similar character; and b: it is in the interests of justice that the charges be tried together. 2: If the court has made an order under subsection (1), the court may, at any subsequent time, direct that any charge 3: For the purposes of this section, in considering whether it is in the interests of justice to hear any charges charge charges charge charges 1983 No 14 s 104A 1992 No 90 s 17 Section 238 heading amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 238(1) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 238(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 238(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 239: Charging document 1: Any charging document may, notwithstanding section 17 2: If any charging document charging document 3: All such charges shall be heard together unless the court, either before or at any time during the hearing, considers it just that any charge should be heard separately and makes an order to that effect. 1992 No 13 s 166(5)–(7) Section 239 heading amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 239(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 239(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 240: Strict liability In any proceedings for an offence against this Act it is not necessary for the prosecution to prove that the defendant intended to commit the offence, except in the case of an offence against any of sections 78A(8) and (9) 79A(8) and (9) 231 233 235 257(2) 296B(5) 296ZC(3)(b) and (c) Section 240 substituted 1 October 2001 section 22 Fisheries Amendment Act 2001 241: Defence available under this Act 1: Subject to this section, it is a defence in any proceedings for an offence against this Act (other than an offence against section 231 section 233 section 235 or section 257(2) section 296B(5) section 296ZC(3)(b) or (c) a: that— i: the contravention was due to the act or default of another person, or to an accident or to some other cause beyond the defendant's control; and ii: the defendant took reasonable precautions and exercised due diligence to avoid the contravention; and b: in the case of an offence concerning the taking of any fish, aquatic life, or seaweed in contravention of any provision of this Act prohibiting the taking, or requiring the taking to be under the authority of a licence, permit, or other authorisation issued under this Act i: the defendant immediately returned the fish, aquatic life, or seaweed to the waters from which they were taken except where such return was prohibited by this Act; and ii: the defendant complied with all the material 2: 3: A defendant is not, without leave of the court, entitled as part of a defence provided by this section to rely on any of the matters specified in subsection (1)(a) unless the defendant has, not later than 7 days before the date on which the hearing of the proceedings commences, served on the prosecutor Section 241(1) amended 1 October 2001 section 55(1)(a) Fisheries Act 1996 Amendment Act 1999 Section 241(1)(b) amended 1 October 2001 section 55(1)(b) Fisheries Act 1996 Amendment Act 1999 Section 241(1)(b)(ii) amended 1 October 2001 section 55(1)(c) Fisheries Act 1996 Amendment Act 1999 Section 241(2) repealed 1 October 2001 section 55(2) Fisheries Act 1996 Amendment Act 1999 Section 241(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 242: Defence for all quota management stocks Section 242 repealed 9 September 1999 section 85(i) Fisheries Act 1996 Amendment Act 1999 243: Defence for specified quota management stocks Section 243 repealed 9 September 1999 section 85(i) Fisheries Act 1996 Amendment Act 1999 244: Liability of body corporate If, in the course of any proceedings against a body corporate for an offence against this Act, it is necessary to establish the state of mind of the body corporate, it is sufficient to show that a director, employee, or agent of the body corporate, acting within the scope of that person's actual or apparent authority, had that state of mind. 245: Liability of companies and persons for actions of agent or employees 1: Any act or omission on behalf of a person other than a body corporate by— a: an agent or employee of that person, or the master or any member of the crew of a vessel registered in the name of that person (whether as operator or notified user); or b: any person at the direction or with the consent or agreement, whether express or implied, of any person referred to in paragraph (a),— shall be deemed, for the purpose of this Act, also to be the act or omission of the first-mentioned person. 2: Any act or omission on behalf of a body corporate by— a: a director, agent, or employee of that body corporate, or the master or any member of the crew of a vessel registered in the name of that body corporate (whether as operator or notified user); or b: any other person at the direction or with the consent or agreement, whether express or implied, of any person referred to in paragraph (a)— shall be deemed, for the purpose of this Act, to also be the act or omission of the body corporate. 3: If any person or body corporate is charged in relation to the act or omission of a person referred to in paragraph (a) or paragraph (b) of subsection (1) or paragraph (a) or paragraph (b) of subsection (2), any defence available under section 241 a: any likely or possible benefit accruing to, or detriment suffered by, the person or body corporate from the act or omission in respect of which the proceedings are brought, had the alleged offence remained undetected; and b: the purpose or motive of the relevant person referred to in paragraph (a) or paragraph (b) of subsection (1) or paragraph (a) or paragraph (b) of subsection (2); and c: the relationship between the person or body corporate and the relevant person referred to in paragraph (a) or paragraph (b) of subsection (1) or paragraph (a) or paragraph (b) of subsection (2), or between the person or body corporate and any person appearing or likely to benefit from the alleged offence; and d: in the case of a body corporate, whether or not any person responsible for, or closely associated with, the management of the body corporate appears to have benefited from the act or omission, or would have been likely to benefit if the alleged offence had remained undetected ; and e: whether or not the person or body corporate had taken all reasonable steps and exercised due diligence to control the activities of the relevant person referred to in subsection (1)(a) or (b) or subsection (2)(a) or (b), to ensure that the act or omission did not occur. 4: For the purposes of this section,— a: a person may act as an agent of another person or body corporate whether or not the first-mentioned person is employed by the other person or body corporate and whether or not acting for reward: b: any agent or employee of a person acting as an agent shall be deemed to be also acting as an agent for the other person or body corporate referred to in paragraph (a). 1983 No 14 s 105C 1990 No 29 s 51 Section 245(3)(d) amended 1 October 2001 section 56(1) Fisheries Act 1996 Amendment Act 1999 Section 245(3)(e) added 1 October 2001 section 56(2) Fisheries Act 1996 Amendment Act 1999 246: Liability of directors and managers 1: If a body corporate commits an offence against this Act, every director, and every person concerned in the management of the body corporate, also commits an offence if it is proved that— a: the act or omission that constituted the offence took place with the director's or person's authority, permission, or consent; or b: the director or person knew or should have known that the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it. 2: Every person to whom subsection (1) applies is liable on conviction to the appropriate penalty specified by this Act in respect of the provision creating the offence. 3: A person may be convicted of an offence against this section even though the body corporate has not been charged with that offence or a similar offence. Section 246 substituted 1 October 2001 section 57 Fisheries Act 1996 Amendment Act 1999 247: Presumption as to authority A return, record, transaction, form, application, or other information purporting to be completed, kept, or provided by or on behalf of any person shall, for the purpose of this Act, be deemed to have been completed, kept, or provided by that person unless the contrary is proved. 1983 No 14 s 105E 1990 No 29 s 51 Evidence in proceedings 248: Certificates and official documents 1: Subject to subsection (8), in any proceedings for an offence against this Act— a: any certificate signed by any person holding a public office or exercising a function of a public nature under the law of New Zealand or of a foreign country, stating any matter contained or not contained b: a public document; or c: a certified copy of a public document, which copy contains on its face a statement signed by or under the seal of any of the persons specified in paragraph (a) certifying that the document is a true copy of the relevant public document— shall be admissible in evidence and shall, in the absence of proof to the contrary, be sufficient evidence of its contents. 2: For the purposes of this Part, the term public document a: forms part of the records of the legislative, executive, or judicial branch of the Government of New Zealand, or of a person or body holding a public office or exercising a function of a public nature under the law of New Zealand; or b: forms part of the records of the legislative, executive, or judicial branch of the Government of a foreign country, or of a person or body holding a public office or exercising a function of a public nature under the law of a foreign country; or c: forms part of the records of an international organisation whose membership is primarily composed of sovereign States; or d: is being kept by or on behalf of a branch of Government, person, body, or organisation referred to in paragraph (a) or paragraph (b) or paragraph (c). 3: The imprint of a seal that appears on a public document or certificate and purports to be the imprint of the Seal of New Zealand, or the former Public Seal of New Zealand, or one of the seals of the United Kingdom on a public document or certificate relating to New Zealand, is presumed, unless the contrary is proved, to have been sealed as it purports to have been sealed. 4: The imprint of a seal that appears on a public document or certificate and purports to be the imprint of the seal of a body (including a court or tribunal) exercising a function of a public nature under the law of New Zealand is presumed, unless the contrary is proved, to be the imprint of that seal, and the public document or certificate is presumed, unless the contrary is proved, to have been sealed as it purports to have been sealed. 5: The imprint of a seal that appears on a public document or certificate and purports to be the imprint of the seal of a person holding a public office or exercising a function of a public nature under the law of New Zealand is presumed, unless the contrary is proved, to be the imprint of that seal, and the public document or certificate is presumed, unless the contrary is proved, to have been sealed as it purports to have been sealed. 6: A public document, certified copy of a public document, or certificate that purports to have been signed by a person as the holder of a public office or in the exercise of a function of a public nature under the law of New Zealand is presumed, unless the contrary is proved, to have been signed by that person acting in his or her official capacity. 7: Subject to subsection (8), if, in any proceedings for an offence against this Act, the prosecution tenders evidence that has been produced wholly or partly by a machine, device, or technical process, and the machine, device, or technical process is of a kind that ordinarily does what the prosecution asserts the machine, device, or technical process has done, then, in the absence of proof to the contrary, the evidence shall be admissible and sufficient proof that, on the relevant occasion, the machine, device, or technical process operated in the way asserted by the prosecution. 8: Any certificate referred to in subsection (1) or evidence referred to in subsection (7) shall be admissible only if— a: at least 20 working days before the hearing at which the certificate or evidence is to be tendered, a copy of that certificate or summary of that evidence is served, by or on behalf of the prosecutor, on the defendant or the defendant's agent or counsel, and that person is at the same time informed in writing that the prosecutor does not propose to call the person who signed the certificate or summary as a witness at the hearing; and b: the court has not, on the application of the defendant made within 10 working days after receipt of the certificate or evidence referred to in paragraph (a), ordered, not less than 5 working days before the hearing (or such lesser period as the court in the special circumstances of the case thinks fit), that the certificate or evidence is inadmissible as evidence in the proceedings. 9: The court shall not make an order under subsection (8) unless it is satisfied that there is reasonable doubt as to— a: the accuracy of the information contained or referred to in the certificate or summary of evidence; or b: the validity of the certificate or summary of evidence. 1983 No 14 s 106 1990 No 29 s 51 1991 No 149 s 28 1992 No 90 s 19 Section 248(1)(a) amended 1 October 2001 section 24 Fisheries (Remedial Issues) Amendment Act 2001 249: Copies of accounts, records, returns, etc 1: A copy of any account, record, return, or information required to be kept, completed, or provided under this Act that purports to be certified by the chief executive 2: Any copy of a record or other document taken by a fishery officer, or any copy of such a copy, shall, subject to subsection (3), be admissible, to the same extent as the original record or document would itself be admissible, as evidence of the record or document and of any transactions, dealings, amounts, or other matters contained in the record or the document. 3: A copy of any account, record, return, or other document referred to in subsection (1) or subsection (2) (including a copy of such a copy) shall be admissible in evidence only if— a: the prosecutor or an agent of the prosecutor serves on the defendant, or the defendant's agent or counsel, not less than 20 working days before the hearing at which it is proposed to tender the copy in evidence,— i: notice of the prosecutor's intention to tender the copy in evidence; and ii: a copy of the copy which is to be so tendered; and b: the court has not, on the application of the defendant made not less than 10 working days after receipt of the copy referred to in paragraph (a), ordered, not less than 5 working days before the hearing (or such lesser period as the court in the special circumstances of the case thinks fit), that the copy is inadmissible as evidence in the proceedings. 4: The court shall not make an order under subsection (3) unless it is satisfied that there is reasonable doubt as to— a: the accuracy of the information contained or referred to in the document; or b: the validity of the document. 1983 No 14 s 106A 1990 No 29 s 51 Section 249(1) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 250: Presumption as to master of vessel In any proceedings for an offence against this Act, an allegation made in a charge 1983 No 14 s 106B 1990 No 29 s 51 Section 250 amended 1 July 2013 section 413 Criminal Procedure Act 2011 251: Presumptions to apply whether or not separate or further evidence adduced in support If it is provided in this Act that any presumption is to apply in respect of any matter, the presumption shall apply, whether or not separate or further evidence is adduced by or on behalf of the prosecutor 1983 No 14 s 106C 1990 No 29 s 51 Section 251 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Penalties 252: Penalties 1: Every person convicted a: section 231(1) b: section 231(2) c: section 233(1) and (2) d: section 296B(5) e: section 296ZC(3)(b) f: section 296ZC(3)(c) 2: Every person convicted of an offence against section 84(3) 3: Every person convicted of an offence against any of the following provisions of this Act is liable to a fine not exceeding $250,000: a: b: c: section 78(10) ca: section 78A(8) cb: section 78A(9) cc: section 79A(8) cd: section 79A(9) d: section 84(4) e: section 89(12) f: section 110(6) g: section 112(4) h: section 113(4) ha: section 113A(2) hb: section 113D(5) hc: section 113E(3) hd: section 113W(4) he: section 190(2) i: section 191(6) j: section 192(6) ja: section 192A(5) k: sections 224(3) 225(2) 227(4) l: section 229(1) m: section 230(1) n: section 232(1) and (2) o: section 271(2) p: section 296ZC(3)(a) q: section 296ZD(2) 3A: Every person convicted, whether in the same or separate proceedings, of 2 or more offences against section 72(4)(a), (b), (c), or (d) 4: Every person convicted of an offence against section 257(2) 5: Every person convicted of an offence against any of the following provisions of this Act is liable to a fine not exceeding $100,000: a: section 15(6) b: section 16(6) ba: section 72(4)(a)(ii), (b)(ii), (c)(ii), or (d)(ii) c: section 74(12) d: section 92(6) e: section 97(11) f: section 103(7) g: section 105(6) ga: section 106A(10) h: section 107(9) chief executive ha: section 186A(8) or section 186B(7) hb: section 113J(2) hc: section 113L(2) hd: section 113ZD(4) he: section 186P(2) i: section 226(2) j: section 228(1) requirements k: section 232(1) and (2) l: section 234(1) la: sections 312 313 m: section 368A o: section 369 5A: Every person convicted of an offence against section 72(4)(a)(i), (b)(i), (c)(i), or (d)(i) 6: Every person convicted of an offence against any of the following provisions is liable to a fine not exceeding $5,000: a: section 113M(2) b: section 121(3) c: section 186A(8) or section 186B(7) ca: section 186N(3) d: section 288(5) 7: Notwithstanding anything in the Sentencing Act 2002 section 4(1) 1983 No 14 s 107 1990 No 29 s 51 Section 252(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 252(1)(c) substituted 19 March 2004 section 7 Fisheries Amendment Act 2004 Section 252(1)(d) added 1 October 2001 section 58(1) Fisheries Act 1996 Amendment Act 1999 Section 252(1)(e) added 1 October 2001 section 58(1) Fisheries Act 1996 Amendment Act 1999 Section 252(1)(f) added 1 October 2001 section 58(1) Fisheries Act 1996 Amendment Act 1999 Section 252(3)(a) repealed 1 October 2001 section 58(2) Fisheries Act 1996 Amendment Act 1999 Section 252(3)(b) repealed 1 November 2022 section 11(1) Fisheries Amendment Act 2022 Section 252(3)(c) substituted 1 October 2001 section 23(1) Fisheries Amendment Act 2001 Section 252(3)(ca) substituted 1 October 2001 section 23(1) Fisheries Amendment Act 2001 Section 252(3)(cb) inserted 1 October 2001 section 23(1) Fisheries Amendment Act 2001 Section 252(3)(cc) inserted 1 October 2001 section 23(1) Fisheries Amendment Act 2001 Section 252(3)(cd) inserted 1 October 2001 section 23(1) Fisheries Amendment Act 2001 Section 252(3)(ha) inserted 1 October 2001 section 25(1) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 252(3)(hb) inserted 1 October 2001 section 25(1) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 252(3)(hc) inserted 1 October 2001 section 25(1) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 252(3)(hd) inserted 1 October 2001 section 25(1) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 252(3)(he) inserted as (ha) 23 June 1998 section 21(1) Fisheries (Remedial Issues) Amendment Act 1998 Section 252(3)(he) number substituted 1 October 2001 section 23(2) Fisheries Amendment Act 2001 Section 252(3)(ja) inserted 1 January 2005 section 11(1) Fisheries Amendment Act (No 3) 2004 Section 252(3)(o) added 1 October 2001 section 58(4) Fisheries Act 1996 Amendment Act 1999 Section 252(3)(p) added 1 October 2001 section 58(4) Fisheries Act 1996 Amendment Act 1999 Section 252(3)(q) added 1 October 2001 section 58(4) Fisheries Act 1996 Amendment Act 1999 Section 252(3A) inserted 1 November 2022 section 11(2) Fisheries Amendment Act 2022 Section 252(5)(ba) inserted 1 November 2022 section 11(3) Fisheries Amendment Act 2022 Section 252(5)(ga) inserted 8 August 2014 section 6 Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 Section 252(5)(h) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 252(5)(ha) inserted 1 October 2001 section 21(2) Fisheries (Remedial Issues) Amendment Act 1998 Section 252(5)(ha) amended 1 October 2004 section 47(1) Fisheries Amendment Act (No 3) 2004 Section 252(5)(hb) inserted 1 October 2001 section 25(2) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 252(5)(hc) inserted 1 October 2001 section 25(2) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 252(5)(hd) inserted 1 October 2001 section 25(2) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 252(5)(he) inserted 1 January 2005 section 11(2) Fisheries Amendment Act (No 3) 2004 Section 252(5)(j) amended 1 October 2001 section 58(5) Fisheries Act 1996 Amendment Act 1999 Section 252(5)(la) inserted 1 October 2001 section 21(3) Fisheries (Remedial Issues) Amendment Act 1998 Section 252(5)(m) added 1 April 1998 section 9 Fisheries (Foveaux Strait Dredge Oyster Fishery) Amendment Act 1998 Section 252(5)(o) added 1 October 2001 section 21(4) Fisheries (Remedial Issues) Amendment Act 1998 Section 252(5A) inserted 1 November 2022 section 11(4) Fisheries Amendment Act 2022 Section 252(6) substituted 1 October 2001 section 23(3) Fisheries Amendment Act 2001 Section 252(6)(c) amended 1 October 2004 section 47(2) Fisheries Amendment Act (No 3) 2004 Section 252(6)(ca) inserted 1 January 2005 section 11(3) Fisheries Amendment Act (No 3) 2004 Section 252(7) amended 30 June 2002 section 186 Sentencing Act 2002 253: Imprisonment of foreign persons 1: In the absence of an agreement to the contrary made between the Government of New Zealand and the Government of another country, nothing in this Act shall be construed as authorising the imposition of a term of imprisonment on any person (other than a New Zealand citizen or a person entitled to reside in New Zealand indefinitely) who is convicted of an offence against this Act in respect of a foreign fishing vessel. 2: If, but for subsection (1), a person would be liable to suffer imprisonment for the commission of any offence, the person shall instead of such imprisonment be liable on Section 253(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 254: Matters to be taken into account by court in sentencing If any person is convicted of an offence against this Act, the court shall, in imposing sentence, take into account the purpose of this Act and shall have regard to— a: the difficulties inherent in detecting fisheries offences; and b: the need to maintain adequate deterrents against the commission of such offences. 255: Interpretation—forfeiture provisions 1: In sections 255A to 256 associated quota offender a: all quota owned by any person that is a subsidiary of the offender within the meaning of section 5 b: if the offender has, in the fishing year in which the offence was committed or the immediately preceding fishing year,— i: gained any benefit from any quota of a stock ( stock A ii: that quota is owned by any company of which the offender is a subsidiary (the holding company all quota of every stock of the species or group of species comprised in stock A owned by the holding company or any subsidiary of the holding company at the date the offence was committed: c: any other quota not owned by the holding company or any subsidiary of the offender or any subsidiary of the holding company, but over which the offender had effective control at the date the offence was committed fish and any proceeds from the sale of such fish section 207 section 212 property used in the commission of the offence a: means any vessel, vehicle or other conveyance, fishing gear, implement, appliance, material, container, goods, equipment, or thing used in respect of the commission of the offence (whether or not seized under section 207 b: does not include any quota, associated quota, or annual catch entitlement quota a: in relation to a person convicted of an offence (the offender b: in relation to any other person, means the number of quota shares for each stock that is equivalent to the number owned by the person for the stock at the date the offender committed the offence serious non-commercial offence section 297 2: For the purposes of paragraph (c) of the definition of associated quota, a person may have had effective control of quota whether or not the person had— a: any legal or equitable interest in the quota; or b: any right, power, or privilege in connection with the quota,— and those interests, rights, powers, or privileges may be determined without regard to the form of any entities in which they are owned or held. 3: Without limiting the generality of paragraph (c) of the definition of associated quota, in determining whether an offender had effective control over quota, regard may be had to the following matters: a: shareholdings in, debentures over, or directorships of, any company that had an interest (whether direct or indirect) in the quota: b: any trust that had a relationship to the quota: c: family, domestic, and business relationships between persons who had an interest in quota, or in companies of the kind referred to in paragraphs (a) and (b) of the definition of associated quota, and any other persons: d: whether one person was accustomed to following the instructions of the other person in respect of the quota they own: e: whether one person was accustomed to acting in a manner consistent with advancing the interests of the other person in respect of the quota they own. 4: No quota owned by Te Ohu Kai Moana Trustee Limited 5: No quota owned by any person is associated quota merely because of any relationship between that person and Te Ohu Kai Moana Trustee Limited Te Ohu Kai Moana Trustee Limited 6: No quota owned by any bank registered under the Banking (Prudential Supervision) Act 1989 7: No quota owned by any licensed NBDT (within the meaning of section 4(1) Section 255 substituted 1 October 2001 section 24 Fisheries Amendment Act 2001 Section 255(4) amended 29 November 2004 section 214 Maori Fisheries Act 2004 Section 255(5) amended 29 November 2004 section 214 Maori Fisheries Act 2004 Section 255(6) amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 Section 255(7) inserted 8 September 2018 section 55 Statutes Amendment Act 2018 255A: Forfeiture for infringement offence 1: Subsection (2) applies if an infringement notice is issued to a person in respect of an infringement offence against this Act (other than an offence in respect of the taking or possession of fish or another animal that is aquatic life by a commercial fisher) a: the infringement fee for the offence is paid; or b: a copy of a reminder notice in respect of the infringement offence is filed or a reminder notice is deemed to have been filed in a court under section 21 c: the informant and the defendant, in respect of the infringement notice, enter into an arrangement under section 21(3A) d: the person is found guilty, or admits the commission, of the infringement offence. 2: The following are forfeit to the Crown unless (if subsection (1)(d) applies) the court for special reasons relating to the offence orders otherwise: a: any fish of an amount or quantity not exceeding 3 times the amateur individual daily prescribed limit; and b: any proceeds from the sale of that fish. Section 255A inserted 1 October 2001 section 59 Fisheries Act 1996 Amendment Act 1999 Section 255A(1) amended 1 November 2022 Fisheries Amendment Act 2022 Section 255A(1)(b) substituted 1 March 2007 section 33 Summary Proceedings Amendment Act 2006 255B: Forfeiture where person fine exceeding $10,000 but less than $100,000 1: Subsection (2) applies in the following cases: a: b: where— i: a person is charged with an infringement offence against this Act and proceedings in respect of that offence are commenced under the Criminal Procedure Act 2011 ii: the person is found guilty of, or pleads guilty to, that offence: c: on conviction for an offence against this Act for which the person is liable to a fine not exceeding $10,000 (other than an offence referred to in section 255C d: on conviction for an offence against this Act (other than an offence referred to in section 255C) for which the person is liable to a maximum fine exceeding $10,000 but less than $100,000 2: The following are forfeit to the Crown unless the court for special reasons relating to the offence orders otherwise: a: any fish and any proceeds from the sale of such fish; and b: any illegal fishing gear in respect of which the offence was committed (whether or not seized under section 207 3: On conviction of a person for an offence referred to in subsection (1)(d), the court may order that any property used in the commission of the offence is forfeit to the Crown. Section 255B inserted 1 October 2001 section 59 Fisheries Act 1996 Amendment Act 1999 Section 255B heading amended 1 October 2004 section 48(a) Fisheries Amendment Act (No 3) 2004 Section 255B heading amended 30 June 2002 section 186 Sentencing Act 2002 Section 255B(1)(a) repealed 30 June 2002 section 186 Sentencing Act 2002 Section 255B(1)(b) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 255B(1)(d) amended 1 October 2004 section 48(b) Fisheries Amendment Act (No 3) 2004 255C: Forfeiture for section 252(2), (3), and (5) offences, offences carrying fine of $100,000, repeat offences, and serious non-commercial offences 1: Subsection (2) applies in the following cases: a: on conviction for an offence referred to in section 252(2) or (3) or (5) (other than an offence referred to in section 252(5)(ba) aa: on conviction for a second or subsequent offence referred to in section 252(3A) b: on conviction for an offence against this Act for which the person is liable to a maximum fine of $100,000 (other than an offence referred to in section 252(5)(ba) c: on conviction for a serious non-commercial offence: d: where a person has been convicted of 2 or more offences against this Act (other than an offence referred to in section 252(5)(ba) or (5A) i: the offences were committed on more than 1 occasion within a period of 3 years; and ii: the offences were offences for which the person was liable to a fine exceeding $5,000. 2: The following are forfeit to the Crown unless the court for special reasons relating to the offence orders otherwise: a: any fish and any proceeds from the sale of such fish; and b: any illegal fishing gear in respect of which the offence was committed (whether or not seized under section 207 c: any property used in the commission of the offence ; and d: in the case of a conviction for an offence under section 186P 2A: On conviction of a person for an offence referred to in section 252(5)(ba) 3: On conviction of a person for an offence referred to in section 252(2), (3), (3A), or (5)(ba) a: any quota is forfeit to the Crown; and b: any associated quota is forfeit to the Crown, unless the court is satisfied that section 255E(3B) 4: Subsections (2) and (2A) do a: any foreign flagged vessel in respect of an offence committed outside New Zealand fisheries waters; or b: any fish on board or property associated with such a vessel in respect of such an offence. Section 255C inserted 1 October 2001 section 59 Fisheries Act 1996 Amendment Act 1999 Section 255C(1)(a) amended 1 November 2022 section 13(1) Fisheries Amendment Act 2022 Section 255C(1)(aa) inserted 1 November 2022 section 13(2) Fisheries Amendment Act 2022 Section 255C(1)(b) amended 1 October 2004 section 49(1) Fisheries Amendment Act (No 3) 2004 Section 255C(1)(b) amended 1 November 2022 section 13(3) Fisheries Amendment Act 2022 Section 255C(1)(d) amended 1 November 2022 section 13(4) Fisheries Amendment Act 2022 Section 255C(2)(c) amended 1 January 2005 section 12 Fisheries Amendment Act (No 3) 2004 Section 255C(2)(d) added 1 January 2005 section 12 Fisheries Amendment Act (No 3) 2004 Section 255C(2A) inserted 1 November 2022 section 13(5) Fisheries Amendment Act 2022 Section 255C(3) substituted 1 October 2001 section 25 Fisheries Amendment Act 2001 Section 255C(3) amended 1 November 2022 section 13(6) Fisheries Amendment Act 2022 Section 255C(4) added 1 October 2004 section 49(2) Fisheries Amendment Act (No 3) 2004 Section 255C(4) amended 1 November 2022 section 13(7) Fisheries Amendment Act 2022 255D: Forfeiture for section 252(1) or (4) offence 1: Subsection (2) applies on conviction for an offence referred to in section 252(1) or (4) 2: The following are forfeit to the Crown unless the court for special reasons relating to the offence orders otherwise: a: any fish and any proceeds from the sale of such fish; and b: any illegal fishing gear in respect of which the offence was committed (whether or not seized under section 207 c: any property used in the commission of the offence; and d: any quota; and e: any associated quota, unless the court is satisfied that section 255E(3B) Section 255D inserted 1 October 2001 section 59 Fisheries Act 1996 Amendment Act 1999 Section 255D(2)(d) substituted 1 October 2001 section 26 Fisheries Amendment Act 2001 Section 255D(2)(e) added 1 October 2001 section 26 Fisheries Amendment Act 2001 255E: General provisions relating to forfeiture 1: If any property, fish, aquatic life, seaweed, or quota is forfeited to the Crown under this Act, such property, fish, aquatic life, seaweed, or quota, despite section 168 1A: Despite subsection (1), if settlement quota is forfeit to the Crown under this Act, the quota continues to be subject to a settlement quota interest. 2: For the avoidance of doubt, any vessel used by the offender to take or transport fish, aquatic life, or seaweed must be treated as property used in the commission of the offence if the fish, aquatic life, or seaweed is the subject of an offence against— a: section 230 section 231 b: regulations made under section 297 section 298 section 299 i: making any false or misleading statements in any return; or ii: omitting any information in any return; or iii: completing, keeping, or providing any return. 3: At the time of conviction of any offence against this Act, the court must determine what, if any, of the following is forfeit under any of sections 255A to 255D a: fish and any proceeds from the sale of such fish: b: illegal fishing gear: c: property used in the commission of the offence: d: quota: e: associated quota, unless the court is satisfied that subsection (3B) applies to preclude forfeiture. 3A: Where the court is considering the forfeiture of any quota alleged to be associated quota, the court must give any person who owns that quota a reasonable opportunity to make submissions and be heard on the questions of whether— a: the quota is associated quota; and b: if so, whether or not the court should find in favour of the owner under subsection (3B). 3B: Where the court is satisfied that associated quota exists, forfeiture must be considered in accordance with sections 255C(3) 255D(2) 4: No person may be discharged without conviction in respect of an offence referred to in any of sections 255A to 255D 5: Nothing in any of sections 255A to 255D Part 15A Section 255E inserted 1 October 2001 section 59 Fisheries Act 1996 Amendment Act 1999 Section 255E(1A) inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 255E(3)(e) added 1 October 2001 section 27(1) Fisheries Amendment Act 2001 Section 255E(3A) inserted 1 October 2001 section 27(2) Fisheries Amendment Act 2001 Section 255E(3B) inserted 1 October 2001 section 27(2) Fisheries Amendment Act 2001 Section 255E(4) substituted 30 June 2002 section 186 Sentencing Act 2002 256: Provisions relating to forfeit property 1: In this section, unless the context otherwise requires,— forfeit property a: fish and any proceeds from the sale of such fish; or b: property used in the commission of the offence; or c: quota— forfeit to the Crown under any of sections 255A to 255D interest a: in the case of quota, an interest in the quota that is recorded on the Quota Register at the time of the forfeiture: b: in the case of a foreign vessel, a foreign-owned New Zealand fishing vessel, or a foreign-operated fish carrier,— i: ownership; and ii: an interest, as determined by the Employment Relations Authority or any court, that any fishing crew have in unpaid wages; and iii: an interest in costs incurred by a third party (other than the employer) to provide for the support and repatriation of foreign crew employed on the vessel: c: in the case of other forfeit property, a legal or equitable interest in that forfeit property that existed at the time of the forfeiture; but does not include any interest (other than an interest referred to in paragraph (b)) in a foreign vessel, a foreign-owned New Zealand fishing vessel, or a foreign-operated fish carrier. 2: Where— a: the forfeiture occurs under any of sections 255B to 255D b: the forfeit property has a total estimated value of $200 or more,— the chief executive must, within 10 working days after the date of the forfeiture, publicly notify the details of the forfeit property, and the right of any person to apply to the court for relief from the effects of forfeiture. 3: Any person claiming an interest in any forfeit property may, within 35 working days after the date of the forfeiture or within such further period before the property is disposed of as the court may allow 4: Every application under subsection (3) a: a full description of the forfeit property in which the interest is claimed, including reference to any registration or serial number; and b: full details of the interest or interests claimed, including— i: whether the interest is legal or equitable; and ii: whether the interest is by way of security or otherwise; and iii: if the interest is by way of security, details of the security arrangement and any other property included in that arrangement; and iv: whether the interest is noted on any register maintained pursuant to statute; and v: any other interests in the property known to the applicant; and c: d: the applicant's estimate of the value of the forfeit property and of the value of the claimed interest. 5: The court shall hear all applications in respect of the same property together, unless it considers that it would not be in the interests of justice to do so. 6: The court shall, in respect of every application made under subsection (3),— a: determine the value of the forfeit property, being the amount the property would realise if sold at public auction in New Zealand; and b: determine the nature, extent, and, if possible, the value of any applicant's interest in the property; and c: d: determine the cost to the Ministry of the prosecution of the offence which resulted in the forfeiture, and the seizure, holding, and anticipated cost of disposal of the forfeit property, including the court proceedings in respect of that seizure, holding, and disposal. 7: Having determined the matters specified in subsection (6), the court may, after having regard to— a: the purpose of this Act; and b: the effect of the offence from which the forfeiture arose on the aquatic environment from which the fish, aquatic life, or seaweed was taken or in which the vessel was operating; and c: the effect of the offence from which the forfeiture arose on other fishers (whether commercial or otherwise) fishing in the area or for the stock in respect of which the offence occurred; and d: the effect of offending of the type from which the forfeiture arose on the relevant aquatic environment; and e: the effect of offending of the type from which the forfeiture arose on other fishers (whether commercial or otherwise) fishing in the area or for the stock in respect of which the offence occurred; and f: the social and economic effects on the person who owned the property or quota, and on persons employed by that person, of non-release of the property or quota; and g: the effect of offending of the type from which the forfeiture arose on fisheries management and administration systems (including the keeping of records and the providing of returns); and h: the previous offending history (if any) of the person from whose conviction the forfeiture arose; and i: the economic benefits that accrued or might have accrued to the owners of the property or quota through the commission of the offence; and j: the prevalence of offending of the type from which the forfeiture arose; and k: the cost to the Ministry of the prosecution of the offence which resulted in the forfeiture, and the seizure, holding, and anticipated cost of disposal of the property or quota, including the court proceedings in respect of that seizure, holding, and disposal,— and, subject to subsection (8) 8: No order shall be made under subsection (7) unless— a: it is necessary to avoid manifest injustice or to satisfy an interest referred to in paragraph (b)(ii) or (iii) of the definition of interest in subsection (1) b: 9: 10: 11: Without limiting subsection (7), any order under that subsection may order 1 or more of the following: a: the retention of the forfeit property by the Crown: b: the return of some or all of the forfeit property to the owner at the time of forfeiture, with or without the prior payment to the Crown of a sum of money: c: the sale of some or all of the forfeit property, with directions as to the manner of sale and dispersal of proceeds: d: the delivery of some or all of the forfeit property to a person with an interest in the property, with or without directions as to payment of a sum of money to specified persons (including the Crown) prior to such delivery: e: the reinstatement (notwithstanding the forfeiture) of any interest that was forfeit or cancelled as a result of a forfeiture. 11A: If the court makes an order under subsection (11) that relates to settlement quota, the person taking possession of that quota by order of the court may only dispose of the quota in accordance with sections 161 163 12: This section does not require the Crown to pay, or secure the payment of, any sum of money to any person claiming an interest in forfeit property, other than the net proceeds of sale of forfeit property under a court order made under subsection (7). 13: For the purpose of assisting the court in determining any application for relief, the chief executive and any employee or agent of the Ministry is entitled to appear before the court and be heard. 14: Any forfeiture under any of sections 255A to 255D 1983 No 14 s 107C 1990 No 29 s 52(1) Section 256(1) forfeit property amended 1 October 2001 section 60(2) Fisheries Act 1996 Amendment Act 1999 Section 256(1) forfeit property substituted 1 October 2001 section 60(1) Fisheries Act 1996 Amendment Act 1999 Section 256(1) interest substituted 18 September 2002 section 3(1) Fisheries (Foreign Fishing Crew) Amendment Act 2002 Section 256(2) substituted 1 October 2004 section 50 Fisheries Amendment Act (No 3) 2004 Section 256(3) amended 1 October 2001 section 60(4) Fisheries Act 1996 Amendment Act 1999 Section 256(4) amended 1 October 2001 section 60(5) Fisheries Act 1996 Amendment Act 1999 Section 256(4)(c) repealed 1 October 2001 section 28(a) Fisheries Amendment Act 2001 Section 256(6)(c) repealed 1 October 2001 section 28(a) Fisheries Amendment Act 2001 Section 256(7) amended 1 October 2001 section 60(7) Fisheries Act 1996 Amendment Act 1999 Section 256(8)(a) amended 18 September 2002 section 3(2) Fisheries (Foreign Fishing Crew) Amendment Act 2002 Section 256(8)(a) amended 1 October 2001 section 28(b) Fisheries Amendment Act 2001 Section 256(8)(b) repealed 1 October 2001 section 28(c) Fisheries Amendment Act 2001 Section 256(9) repealed 1 October 2001 section 60(8) Fisheries Act 1996 Amendment Act 1999 Section 256(10) repealed 1 October 2001 section 60(8) Fisheries Act 1996 Amendment Act 1999 Section 256(11A) inserted 29 November 2004 section 214 Maori Fisheries Act 2004 Section 256(14) amended 1 October 2001 section 60(9) Fisheries Act 1996 Amendment Act 1999 257: Prohibition of fishing activity in case of reoffending 1: If any person is convicted of— a: 2 or more offences against this Act that are offences referred to in subsection (1) or subsection (2) or subsection (3) of section 252 b: 3 or more offences that are offences referred to in subsection (1) or subsection (2) or subsection (3) or subsection (5) of section 252 (other than an offence referred to in section 252(5)(ba) within a period of 7 years, the court shall, in addition to any other penalty imposed, order— c: that the person forfeit any licence, approval, permission, or fishing permit obtained under this Act; and d: that the person be prohibited, for a period of 3 years commencing on the date of the most recent conviction, from doing any of the following: i: holding any licence, approval, permission, or fishing permit obtained under this Act: ii: engaging in fishing or any activity associated with the taking of fish, aquatic life, or seaweed: iii: deriving any beneficial income from activities associated with the taking of fish, aquatic life, or seaweed. 1A: If a person is convicted of offences against section 72(4)(a), (b), (c), or (d) section 252(3A) a: that the person forfeit any licence, approval, permission, or fishing permit obtained under this Act; and b: that the person be prohibited, for a period of 3 years commencing on the date of the most recent conviction, from doing any of the following: i: holding any licence, approval, permission, or fishing permit obtained under this Act: ii: engaging in fishing or any activity associated with the taking of fish, aquatic life, or seaweed: iii: deriving any beneficial income from activities associated with the taking of fish, aquatic life, or seaweed. 2: Every person commits an offence and is liable to the penalty set out in section 252(4) knowingly or (1A) 3: Notwithstanding subsection (1) and (1A) 4: For the purposes of this section, every conviction in respect of an offence against the Fisheries Act 1983 section 252(3) 5: For the purposes of this section, if— a: a person is convicted of assault or of any other offence of which an assault constitutes an element, and the conviction relates to an offence committed on or after 1 April 1990; and b: the assault was on a person who was at the time carrying out the duties of a fishery officer under this Act,— that conviction shall be deemed to be a conviction in respect of an offence against this Act that is referred to in section 252(3) 6: Subsections (1) and (4) do not apply to any offence committed by a person in respect of which— a: a conviction was entered on or after 1 November 1990; and b: the maximum fine on conviction for a first offence does not (or did not at the time) exceed $5,000. 1983 No 14 s 107D 1986 No 34 s 27(1) 1990 No 29 s 53 Section 257(1)(b) amended 1 November 2022 section 14(1) Fisheries Amendment Act 2022 Section 257(1A) inserted 1 November 2022 section 14(2) Fisheries Amendment Act 2022 Section 257(2) amended 1 October 2001 section 61 Fisheries Act 1996 Amendment Act 1999 Section 257(2) amended 1 November 2022 section 14(3) Fisheries Amendment Act 2022 Section 257(3) amended 1 November 2022 section 14(4) Fisheries Amendment Act 2022 258: Sum equal to deemed value payable if catch returns not completed or provided, or false returns provided 1: Every person convicted of an offence against— a: section 230 section 231 b: any regulations made under this Act relating to— i: making any false or misleading statements in any record or return; or ii: omitting any information in any record or return; or iii: completing, keeping, or providing any record or return,— in respect of the taking of any fish, aquatic life, or seaweed subject to the quota management system, shall, in addition to any fine that may be imposed by the court, be liable to pay to the Crown, within 20 days after demand is made by the chief executive, a sum of money equal to the deemed value amount that would have been payable if the fish, aquatic life, or seaweed had been included in the reported catch of that person under section 76 2: Any sum demanded under this section shall be recoverable in the same manner as a sum assessed and payable under section 76 259: Rewards to informants 1: The chief executive may make such payments as the chief executive thinks fit to any person who has supplied information that has assisted in the detection of offences against this Act. 2: All payments under subsection (1) shall be made from money from time to time appropriated by Parliament for the purpose. 1983 No 14 s 107E 1986 No 34 s 27(1) Minor offence procedure Heading repealed 1 July 2013 section 413 Criminal Procedure Act 2011 260: Minor offences Section 260 repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Infringement offences Heading inserted 1 October 2001 section 62 Fisheries Act 1996 Amendment Act 1999 260A: Infringement offences 1: If a fishery officer has reason to believe that a person has committed an infringement offence, the fishery officer may— a: commence proceedings against the person for the alleged offence by filing a charging document under section 14 b: issue an infringement notice in respect of the alleged offence. 2: Despite section 21 section 14 3: If an infringement notice is issued, a fishery officer may do 1 or more of the following with the infringement notice: a: deliver it (or a copy of it) to the person: b: fix it (or a copy of it) to a conspicuous part of a fishing vessel relating to the commission of the offence: c: send it (or a copy of it) to the person by post addressed to the person's last known place of residence or business. 4: If the notice was fixed or sent in accordance with subsection (3), it is deemed to have been served on the person Section 260A inserted 1 October 2001 section 62 Fisheries Act 1996 Amendment Act 1999 Section 260A(1)(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 260A(2) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 260A(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 260B: Infringement notices 1: Every infringement notice must be in an approved form and must include the following particulars: a: sufficient detail to inform the person of the time, place, and nature of the alleged offence: b: the infringement fee for the offence: c: the address at which the infringement fee may be paid: d: the time within which the infringement fee may be paid: e: a summary of the provisions of section 21(10) f: a statement that the person has a right to request a hearing: g: a statement of the consequences if the person does not pay the infringement fee or request a hearing: h: any other matters prescribed for that purpose. 1A: Every infringement offence reminder notice must be in an approved form, and must include the same particulars, or substantially the same particulars, as the infringement notice. 2: There may be different approved forms for different kinds of infringement offences. Section 260B inserted 1 October 2001 section 62 Fisheries Act 1996 Amendment Act 1999 Section 260B(1A) inserted 1 October 2004 section 51 Fisheries Amendment Act (No 3) 2004 260C: Infringement fees All infringement fees are payable to the chief executive, and the chief executive must pay all infringement fees received into a Section 260C inserted 1 October 2001 section 62 Fisheries Act 1996 Amendment Act 1999 Section 260C amended 25 January 2005 section 65R(3) Public Finance Act 1989 14: Cost recovery Part 14 substituted 1 February 2001 section 63 Fisheries Act 1996 Amendment Act 1999 261: Purpose of Part The purpose of this Part is to enable the Crown to recover its costs in respect of the provision of conservation services and fisheries services. Section 261 substituted 1 February 2001 section 63 Fisheries Act 1996 Amendment Act 1999 262: Cost recovery principles The cost recovery principles under this Part are as follows: a: if a conservation service or fisheries service is provided at the request of an identifiable person, that person must pay a fee for the service: b: costs of conservation services or fisheries services provided in the general public interest, rather than in the interest of an identifiable person or class of person, may not be recovered: c: costs of conservation services or fisheries services provided to manage or administer the harvesting or farming of fisheries resources must, so far as practicable, be attributed to the persons who benefit from harvesting or farming the resources: ca: costs of fisheries services relating to any observer performing or exercising a function, duty, or power in accordance with the observer programme must, so far as practicable, be attributed to the persons who benefit from those services: d: costs of conservation services or fisheries services provided to avoid, remedy, or mitigate a risk to, or an adverse effect on, the aquatic environment or the biological diversity of the aquatic environment must, so far as practicable, be attributed to the persons who caused the risk or adverse effect: e: the Crown may not recover under this Part the costs of services provided by an approved service delivery organisation under Part 15A Section 262 substituted 1 February 2001 section 63 Fisheries Act 1996 Amendment Act 1999 Section 262(ca) inserted 8 August 2014 section 14 Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 263: Cost recovery rules 1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister, make rules relating to the imposition of levies under this Part. 2: The rules may— a: prescribe the proportion of costs of conservation services and fisheries services to be recovered as levies: b: prescribe who must pay levies: c: prescribe how the costs are to be apportioned between the persons who must pay the levies. 3: Without limiting anything in subsections (1) and (2), different rules may apply in respect of different classes of persons, stocks, quota management areas, fishery management areas, conservation services, fisheries services, or any combination of them. 4: Before making a recommendation under subsection (1), the Minister must— a: be satisfied that the rules to which the recommendation relates comply with the cost recovery principles in section 262 b: have regard to the extent to which conservation services or fisheries services are wholly or partly purchased or provided by persons other than the Crown. 5: No 6: A rule under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 263 substituted 1 February 2001 section 63 Fisheries Act 1996 Amendment Act 1999 Section 263(5) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 263(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 264: Levies 1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister,— a: impose levies for the purpose of this Part: b: amend or revoke an order made under this section. 2: Subject to section 265A section 263 3: Without limiting the generality of subsection (1), an order may— a: prescribe, or provide for the fixing of, different rates of levy in respect of different classes of persons, species or kinds of fish or aquatic life or seaweed, quantities of fish or aquatic life or seaweed, quota management areas, fishery management areas, or any combination of them: b: prescribe, or provide for the fixing of, different rates of levy based on the value of quota or annual catch entitlement, the port price of fish or aquatic life or seaweed landed, or on any other differential basis relating to commercial fishing or fish farming: c: specify that a levy is payable on the basis of the amount of fish, aquatic life, or seaweed processed or taken, or quota, annual catch entitlement, or individual catch entitlement held, during a specified period or on a specified day; or specify any other method for assessing that amount: d: prescribe a date by which, and the place at which, a levy is payable: e: prescribe different dates for the payment of different levies: f: authorise the chief executive to prescribe or provide for such matters as may be necessary or expedient to administer the collection of a levy imposed under subsection (1). 4: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 264 substituted 1 February 2001 section 63 Fisheries Act 1996 Amendment Act 1999 Section 264(2) amended 19 March 2004 section 8 Fisheries Amendment Act 2004 Section 264(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 265: Under-recovery and over-recovery of costs Without limiting anything in section 264 section 265A a: were either— i: not recovered or not recoverable, in whole or in part, by a fee, charge, or levy relating to such services that was previously imposed under this Act ii: over-recovered or over-recoverable, in whole or in part, by a fee, charge, or levy relating to such services that was previously imposed under this Act b: the Minister has not previously had regard to under this section. Section 265 substituted 19 March 2004 section 9 Fisheries Amendment Act 2004 Section 265(a)(i) amended 1 November 2022 section 23 Fisheries Amendment Act 2022 Section 265(a)(ii) amended 1 November 2022 section 23 Fisheries Amendment Act 2022 265A: Recommendation for levies payable in year commencing 1 October 2003 and subsequent years 1: In making a recommendation under section 264 a: first calculate the amount for each stock or other grouping that it would be appropriate to recover by way of levy as if there had been no under-recovery or over-recovery of costs in respect of the period 1 October 1994 to 30 September 2002 (both dates inclusive); and b: then— i: in the case of a stock or other grouping listed in Part 1 ii: in the case of a stock listed in Part 2 2: In making a recommendation under section 264 Part 1 3: Where the Minister makes a recommendation under section 264 a: adjust the remaining balance of the settlement sum for the stock or other grouping to reflect the effect of the amendment when taken together with the effect of the original levy order; and b: notify the adjusted remaining balance in accordance with subsection (5). 4: For the purposes of subsections (2) and (3) and section 265 a: no regard is to be had to the costs of any conservation services or fisheries services incurred by the Crown in any financial year ending on or before 30 September 2002, except where those costs arise from conservation services or fisheries services initiated but not completed on or before 30 September 2002; and b: any previous reduction in the amount of costs recovered or recoverable by virtue of the application of any settlement sum under this section must be disregarded. 5: The Minister must, as soon as practicable after making any recommendation under section 264 Gazette 6: In this section, remaining balance Part 1 Section 265A substituted 19 March 2004 section 10(1) Fisheries Amendment Act 2004 266: Other fees, charges, or levies 1: This part does not— a: limit any other provision in this Act that requires the payment, or empowers the imposition, of a fee, charge, or levy relating to conservation services or fisheries services; or b: limit the recovery of costs in respect of conservation services or fisheries services by any means other than a levy under section 264 2: This part does not require the Minister to have regard to the circumstances of any person when recommending the imposition of a fee, charge, or levy relating to conservation services or fisheries services. 3: The Minister may not have regard to any deemed value payable or paid when recommending the imposition of a fee, charge, or levy relating to conservation services or fisheries services. Section 266 substituted 1 February 2001 section 63 Fisheries Act 1996 Amendment Act 1999 267: Payment of levies 1: Levies imposed by an order under section 264 2: The chief executive may remit, waive, or defer the payment of a levy, in whole or in part, to correct an administrative error made in calculating the amount due. 3: The chief executive and a person liable to pay a levy may enter into an arrangement for repayment of the amount of levy due. Section 267 substituted 1 February 2001 section 63 Fisheries Act 1996 Amendment Act 1999 268: Caveats on quota 1: The chief executive may, after giving a person notice in writing of the chief executive's intention to do so, direct that a caveat be registered over quota held by that person if— a: the person is liable to pay a levy imposed under section 264 b: the person does not pay the levy c: payment of the outstanding levy has not been waived under section 267(2) 2: The chief executive may direct that a caveat be registered under subsection (1) regardless of whether or not the levy has been imposed on the person as a quota owner. 3: The chief executive— a: must direct that a caveat entered in a register under this section be withdrawn if the outstanding levy b: may direct that a caveat entered in a register under this section be withdrawn if the chief executive and the person liable to pay the outstanding amount enter into an arrangement for repayment of the amount. Section 268 substituted 1 February 2001 section 63 Fisheries Act 1996 Amendment Act 1999 Section 268(1)(a) substituted 20 April 2010 section 6(2) Ministry of Agriculture and Fisheries (Restructuring) Amendment Act 2010 Section 268(1)(b) amended 20 April 2010 section 6(3) Ministry of Agriculture and Fisheries (Restructuring) Amendment Act 2010 Section 268(1)(c) substituted 20 April 2010 section 6(4) Ministry of Agriculture and Fisheries (Restructuring) Amendment Act 2010 Section 268(3)(a) amended 20 April 2010 section 6(5) Ministry of Agriculture and Fisheries (Restructuring) Amendment Act 2010 269: Suspension of permit, licence, or registration where levies unpaid 1: The chief executive may, by notice in writing, after giving a person notice in writing of the chief executive's intention to do so, suspend a fishing permit or special permit or licensed fish receiver's licence or controlled fishery licence or fish farmer's registration held by the person if— a: the person is liable to pay a levy imposed under section 264 b: the person does not pay the levy c: payment of the outstanding levy has not been waived under section 267(2) 2: The chief executive may suspend a permit, licence, or registration under subsection (1) regardless of whether or not the levy has been imposed on the person as a holder of a permit, licence, or registration. 3: If the person holds 2 or more fishing permits or special permits or licensed fish receiver's licences or controlled fishery licences, or holds any combination of 2 or more of them, the chief executive may suspend such of the permits or licences, as he or she considers appropriate. 4: A fishing permit or special permit or licensed fish receiver's licence or controlled fishery licence suspended under this section has no effect during the period of the suspension. 5: While a fish farmer registration is suspended under this section, no fish, aquatic life, or seaweed is to be transferred onto or off the fish farm specified in the registration. 6: The chief executive— a: must lift a suspension under this section if the outstanding levy b: may, conditionally or unconditionally, lift a suspension under this section if the chief executive and the person liable to pay the outstanding amount of the levy enter into an arrangement for repayment of that amount. 7: A court may at any time, on application by the holder of a fishing permit, special permit, licensed fish receiver's licence, controlled fishery licence, or fish farmer registration that has been suspended under this section, make an order lifting the suspension subject to any sureties and conditions specified by the court. Section 269 substituted 1 January 2005 section 13 Fisheries Amendment Act (No 3) 2004 Section 269(1)(a) substituted 20 April 2010 section 6(6) Ministry of Agriculture and Fisheries (Restructuring) Amendment Act 2010 Section 269(1)(b) amended 20 April 2010 section 6(7) Ministry of Agriculture and Fisheries (Restructuring) Amendment Act 2010 Section 269(1)(c) substituted 20 April 2010 section 6(8) Ministry of Agriculture and Fisheries (Restructuring) Amendment Act 2010 Section 269(6)(a) amended 20 April 2010 section 6(9) Ministry of Agriculture and Fisheries (Restructuring) Amendment Act 2010 270: Priority of debts Section 270 repealed 3 December 2007 section 445 Insolvency Act 2006 271: Records and returns 1: The chief executive may, by notice a: require records and returns to be kept and provided by a person who must pay a levy: b: prescribe conditions relating to the keeping and provision of those records and returns. 2: A person commits an offence if the person fails to comply with a requirement imposed by the chief executive under subsection (1), and is liable to the penalty set out in section 252(3) 3: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 271 substituted 1 February 2001 section 63 Fisheries Act 1996 Amendment Act 1999 Section 271(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 271(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 272: Levies to be separately accounted for Section 272 repealed 1 February 2001 section 63 Fisheries Act 1996 Amendment Act 1999 273: Caveats on quota Section 273 repealed 1 February 2001 section 63 Fisheries Act 1996 Amendment Act 1999 274: Priority of debts Section 274 repealed 1 February 2001 section 63 Fisheries Act 1996 Amendment Act 1999 275: Suspension of permit or fish receiver's licence where levies unpaid Section 275 repealed 1 February 2001 section 63 Fisheries Act 1996 Amendment Act 1999 15: Fisheries administration National Fisheries Advisory Council 276: Minister may establish National Fisheries Advisory Council 1: The Minister may from time to time establish an advisory committee, to be known as the National Fisheries Advisory Council, to advise the Minister on any matter from time to time determined by the Minister for the purpose of this Act. 2: The Minister may authorise the Council to make such inquiries, conduct such research, and make such reports, as may assist the Council in advising the Minister. 3: Without limiting subsection (1) or subsection (2), the Minister may require the Council to advise him or her on— a: ensuring sustainability, including the setting of total allowable catches and other sustainability measures: b: the utilisation of New Zealand's fisheries resources, including the setting of total allowable commercial catches and the introduction of new species into the quota management system: c: fisheries research, including the establishment of priorities, standards, and specifications for such research: d: fisheries administration services, including planning and the establishment of priorities, standards, and specifications for such services: e: enforcement issues, including the establishment of standards and specifications for enforcement. 277: Members 1: The Minister may from time to time appoint to be members of the National Fisheries Advisory Council— a: if appropriate, a representative of Chatham Islanders; and b: such other members from time to time determined by the Minister after consultation with— i: the Minister of Maori Affairs, the Minister of Conservation, the Minister of Research, Science, and Technology, and the Minister for the Environment; and ii: such persons or organisations as the Minister considers are representative of classes of persons having an interest in the particular matter for which the Council is being established, including Maori, environmental, commercial, and recreational interests. 2: Every member of the Council shall hold office during the pleasure of the Minister. 3: Any member of the Council may resign his or her office at any time by notice in writing to the Minister. 4: The Minister may make any appointment of a member subject to the condition that the member assist and provide advice only in respect of a specified matter and, in that case, the member shall comply with that condition. 278: Chairperson 1: The Minister shall appoint one of the members of the National Fisheries Advisory Council to be chairperson of the Council. 2: The chairperson shall be responsible for supervising and directing the work of the Council. 279: Remuneration of members 1: The National Fisheries Advisory Council is hereby declared to be a statutory board within the meaning of the Fees and Travelling Allowances Act 1951 2: Members of the Council shall be paid, out of money appropriated by Parliament for the purpose, remuneration by way of fees, salary, or allowances, and travelling allowances and expenses, in accordance with the Fees and Travelling Allowances Act 1951 3: No person shall be deemed to be employed in the service of the Crown by reason of being a member of the Council. 280: Secretarial services 1: The chief executive shall provide such secretarial, recording, accounting, and clerical services as may be necessary to enable the National Fisheries Advisory Council to discharge its functions. 2: All expenses incurred in respect of the functions of the Council shall be paid out of money appropriated for that purpose by Parliament. 281: Certain powers of Minister not to be delegated The Minister shall not delegate to any person the power— a: to appoint or renew the appointment of members of the National Fisheries Advisory Council under section 277 b: to remove any member of the Council from office under that section. 282: Reports 1: The National Fisheries Advisory Council, when from time to time directed by the Minister, shall provide the Minister and the chief executive with a general report of the operations of the Council. 2: As soon as practicable after receiving any general report referred to in subsection (1), the Minister shall lay before the House of Representatives a copy of that report. Catch History Review Committee 283: Catch History Review Committee established 1: There is hereby established the Catch History Review Committee. 2: After consultation with such persons as the Minister considers are representative of those classes of persons having an interest in the matters dealt with by section 284 Gazette a: have held a practising certificate as a barrister and solicitor for at least 7 years; and b: are not employees of the Ministry— to be members of the Catch History Review Committee, and appoint one of them to be chairperson of the Committee responsible for supervising and directing the work of the Committee. 3: An appointment under subsection (2) shall be for a term not exceeding 5 years. 1983 No 14 s 28A(1)–(4) 1986 No 34 s 9 1990 No 29 s 4 284: Functions of Committee 1: The Catch History Review Committee shall hear and determine appeals made under section 51 a: has decided that a person is ineligible to receive provisional catch history because the chief executive believes the person to be an overseas person; and b: has advised the Committee of that decision,— the Committee shall not hear any appeal made by that person unless the High Court declares the person not to be an overseas person. 2: All appeals to the Committee shall be heard by a member sitting alone unless the chairperson of the Committee otherwise directs, and a member of the Committee sitting alone in such a case has such powers and functions of the Committee as may be necessary for that purpose. 3: The Committee shall not create or allocate provisional catch history in respect of fish, aquatic life, or seaweed unless it was actually taken and reported by a commercial fisher. 4: The Committee shall not order the allocation or transfer of any quota. 5: The Committee has all such powers as are necessary or expedient to enable it to carry out its functions. 285: Members 1: Any member of the Catch History Review Committee may resign his or her office at any time by notice in writing to the Minister. 2: Any member of the Committee may be removed from office at any time by the Minister on the ground of inability to perform the functions of the office 1983 No 14 ss 13(4)–(6) 28A(5) 1986 No 34 s 9 Section 285(2) amended 1 January 2002 section 70(1) Human Rights Amendment Act 2001 286: Defect in appointment The proceedings of the Catch History Review Committee shall not be invalidated merely because of the subsequent discovery that some defect existed in the appointment of any member. 1983 No 14 ss 17 28A(5) 1986 No 34 s 9 287: Committee may regulate its own procedure Except as expressly otherwise provided in this Act, the Catch History Review Committee may regulate its procedure in such manner as it thinks fit. 288: Hearings to be held in public except in certain circumstances 1: Except as provided by subsections (2) to (4), hearings of the Catch History Review Committee shall be held in public. 2: The Committee may deliberate in private as to its decision in any matter or as to any question arising in the course of any proceedings before it. 3: If the Committee is satisfied that it is desirable to do so by reason of the confidential nature of any evidence or matter (including details of the private financial circumstances of any person), or that the interests of any party to the hearing in having the whole or any part of the proceedings conducted in private outweigh the public interest in having the hearing conducted in public, the Committee may, on the application of any party to the proceedings, order that the whole or any part of the hearing shall be in private and that all persons present shall keep confidential any evidence, document, or information provided in relation to that hearing. 4: In any case where a hearing is conducted in private, the Committee may allow any particular person to attend the private hearing if it is satisfied that the person has a proper interest in the matter to be heard. 5: Every person commits an offence and is liable to the penalty set out in section 252(6) 1983 No 14 ss 18(1), (2), (3), (5) 28A(5) 1986 No 34 s 9 289: Fees and travelling allowances 1: The Catch History Review Committee is hereby declared to be a statutory board within the meaning of the Fees and Travelling Allowances Act 1951 2: Members of the Catch History Review Committee shall be paid, out of money appropriated by Parliament for the purpose, remuneration by way of fees, salary, or allowances, and travelling allowances and expenses, in accordance with the Fees and Travelling Allowances Act 1951 3: No person shall be deemed to be employed in the service of the Crown by reason of the person's appointment under section 283 1983 No 14 ss 19 28A(5) 1986 No 34 s 9 290: Administration of Committee 1: The chief executive shall provide such secretarial, recording, accounting, and clerical services as may be necessary to enable the Catch History Review Committee to discharge its functions. 2: All expenses incurred in respect of the functions of the Catch History Review Committee shall be paid out of money appropriated for that purpose by Parliament. 1983 No 14 ss 20 28A(5) 1986 No 34 s 9 291: Representation of parties 1: The chief executive shall be a party to all proceedings before the Catch History Review Committee and shall be entitled to appear and be heard either in person or by counsel or agent, and shall have the right to produce evidence and cross-examine witnesses. 2: Every person who lodges an appeal under section 51 3: Any person may make a written submission about any appeal made under section 51 4: Any person who makes a written submission under subsection (3) and wishes to appear at the hearing may do all or any of the following with the permission of the Committee, namely, appear either by counsel or agent, produce and examine evidence, cross-examine witnesses, and present a submission. 5: The Committee shall grant permission under subsection (4) only if it considers that any appearance is necessary in the interests of justice, and any person to whom such permission is granted shall be a party to the proceedings. 1983 No 14 ss 22 28A(8), (9) 1986 No 34 s 9 292: Evidence before Committee 1: The Catch History Review Committee may receive in evidence any statement, document, information, or matter that may, in its opinion, assist it to deal effectively with the matter before it, whether or not the same would otherwise be admissible in a court but, unless expressly otherwise provided in this Act, the Committee shall not receive in evidence any records or returns required to be provided under this Act or the Fisheries Act 1983 2: The Committee may, if it thinks fit, in respect of any matter before it,— a: examine on oath or otherwise all or any of the following: i: the appellant: ii: any other party (including any person granted permission under section 291(4) iii: any person whose evidence has been received by the Committee under subsection (1): b: require any person to verify by statutory declaration any statement made by him or her with respect to the proceedings. 3: Any proceedings (including any application made or information filed before the commencement of any proceedings) before the Committee shall be judicial proceedings for the purposes of this Act or any other Act (including the Crimes Act 1961 1983 No 14 ss 23 28A(5) 1986 No 34 s 9 293: Decision of Committee 1: In considering any matter before it, the Catch History Review Committee shall— a: confine itself to the evidence, written submissions received under section 291(3) b: exclude any member's personal knowledge of the matter gained otherwise than through the hearing of the matter before the Committee. 2: Every decision of the Committee shall— a: be in writing; and b: state the reasons for the decision; and c: be notified to the parties, and the chief executive d: be available to the public, except that the Committee may— i: delete information that it considers commercially sensitive: ii: make copies of the decision available on payment of a reasonable charge. 3: The Committee shall record its decisions in a register. 4: Every decision of the Committee shall be final unless challenged by an application for review under the Judicial Review Procedure Act 2016 5: Notwithstanding any other enactment or rule of law, a court shall not hear or determine, and no person shall make or commence, any application or other proceedings whatever in respect of a decision or purported decision of the Committee unless the application is, or the proceedings are, made or commenced within 90 days 6: Every decision of the Committee shall contain a statement as to the effect of subsections (4) and (5). 1983 No 14 s 28I 1986 No 34 s 10 1989 No 159 s 55 1992 No 137 s 2 Section 293(2)(c) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 293(4) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016 Section 293(5) amended 1 October 2001 section 29 Fisheries Amendment Act 2001 Administration generally 294: Use of outside agencies in performance of functions under Act 1: The chief executive may perform his or her functions, duties, and powers,— a: by his or her own employees; or b: by entering into an arrangement or contract with any other agency or any other instrument of the Crown or any corporation sole, body of persons (whether corporate or unincorporate), or individual. 2: Before deciding to perform any function, duty, or power by an arrangement or contract under subsection (1), the chief executive shall take into account the following matters: a: whether the function, duty, or power might be more efficiently provided by the chief executive's own employees: b: the desirability of retaining institutional knowledge within the Ministry: c: whether entering into such an arrangement or contract will limit the chief executive's ability to adequately meet his or her statutory obligations. 3: In deciding how to perform any function, duty, or power under subsection (1)(b), the chief executive shall give due consideration to the advantages and disadvantages of different options. 4: Before entering into any arrangement or contract under subsection (1)(b), the chief executive may, after consultation with the Minister, set contract standards and contract specifications 4A: The chief executive may, after consultation with the Minister and the other party to the arrangement or contract, amend or revoke contract standards and contract specifications set under subsection (4). 5: No arrangement or contract under subsection (1)(b) between the chief executive and any other party (other than an agency of the Crown or other instrument of the Crown) may provide for that other party (or person acting on behalf of that other party) to perform or exercise any power that is conferred or imposed on fishery officers (other than honorary fishery officers or examiners) 6: Nothing in this section or in any arrangement or contract entered into under the authority of this section relieves the chief executive of the obligation to perform or ensure the performance of any function, duty, or power imposed on the chief executive by this Act or any other Act. Section 294(4) amended 9 September 1999 section 64(1) Fisheries Act 1996 Amendment Act 1999 Section 294(4A) inserted 1 October 2004 section 52 Fisheries Amendment Act (No 3) 2004 Section 294(5) substituted 9 September 1999 section 64(2) Fisheries Act 1996 Amendment Act 1999 Section 294(5) amended 1 November 2022 section 23 Fisheries Amendment Act 2022 295: Notification of appointments and places for provision of information 1: The chief executive may, by notice in the Gazette a: notify the appointment of any person or organisation to any position under this Act; and b: notify that any person or organisation shall perform any of the powers, functions, and duties of the chief executive under any arrangement or contract under section 294(1)(b) c: appoint places where notices, objections, requests, applications, accounts, records, returns, and other information and documents shall be provided or received under this Act, including places for the purpose of the electronic transmission of accounts, records, returns, transactions, information, notices, objections, requests, applications, and other documents. 2: Notwithstanding anything to the contrary in this Act, any notice, objection, request, application, account, record, return, or any other information or document that is required by or under this Act to be provided at any particular place appointed by a notice under subsection (1) shall be deemed not to have been 3: Notwithstanding anything to the contrary in this Act, any notice, objection, request, application, account, record, return, or any other information or document that is required by or under this Act to be provided in a prescribed or approved manner or form, or accompanied by a prescribed fee, shall be deemed not to have been 4: Subject to subsection (4) of section 294 a: any function, duty, or power of the chief executive that forms the subject of the arrangement or contract, and is required by any enactment, regulation, instrument, or document to be performed by the chief executive, may, subject to the terms and conditions of that arrangement, be carried out at such place and by such person with whom the chief executive has entered into the arrangement or contract as the chief executive may specify by notice in the Gazette b: any person with whom the chief executive has entered into the arrangement or contract may, subject to the terms and conditions of the arrangement or contract, give, provide, or demand any notice, account, record, return, information, demand, or any other thing in relation to any function, duty, or power of the chief executive that forms the subject of the arrangement or contract, and is required by any enactment, regulation, instrument, or document to be given, provided, or demanded by the chief executive. Section 295(2) amended 1 October 2004 section 53 Fisheries Amendment Act (No 3) 2004 Section 295(3) amended 1 October 2004 section 53 Fisheries Amendment Act (No 3) 2004 296: Electronic transmission 1: For the purpose of this Act, the chief executive may approve the transmission of accounts, records, returns, transactions, information, notices, objections, requests, applications, or other documents provided for under this Act by means of electronic transmission. 2: An approval under subsection (1)— a: may relate to any person or any 1 or more classes of person: b: may relate to any 1 or more classes of accounts, records, returns, transactions, information, notices, objections, requests, applications, or other documents: c: may specify the person or organisation to whom the accounts, records, returns, transactions, information, notices, objections, requests, applications, or other documents shall be transmitted: d: may specify the method of transmission that may be used: e: shall be subject to such conditions and other provisions (if any)— i: as may be set out for the purposes of this section in regulations made under section 297 ii: determined by the chief executive. 3: The chief executive may alter or revoke any approval given under subsection (1). 15A: Performance of services by approved organisations Part 15A inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 296A: Interpretation In this Part, unless the context otherwise requires, specified functions, duties, or powers a: means any functions, duties, or powers of the chief executive, whether statutory or non-statutory in nature, that are— i: exclusively associated with the administration of quota; or ii: primarily associated with the administration of commercial fisheries; or iii: principally associated with the administration of fish farming; and b: includes the keeping of registers under sections 98 , 124 186K c: does not include— i: any functions, duties, or powers of the Minister; or ii: any power conferred on fishery officers, honorary fishery officers, or examiners Section 296A inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 Section 296A(a)(ii) amended 1 January 2005 section 14(1) Fisheries Amendment Act (No 3) 2004 Section 296A(a)(iii) added 1 January 2005 section 14(1) Fisheries Amendment Act (No 3) 2004 Section 296A(b) amended 1 January 2005 section 14(2) Fisheries Amendment Act (No 3) 2004 Section 296A(c)(ii) amended 1 November 2022 section 23 Fisheries Amendment Act 2022 296B: Transfer of specified functions, duties, or powers to approved service delivery organisations 1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister after consultation with the Minister responsible for the administration of the Environment Act 1986 2: An order transferring specified functions, duties, or powers to an approved service delivery organisation must— a: declare a person to be an approved service delivery organisation for such period as may be specified in the order; and b: state which functions, duties, or powers are transferred to the approved service delivery organisation. 3: The Minister must not make a recommendation under subsection (1) unless the Minister is satisfied that— a: the proposed approved service delivery organisation is representative of quota owners who have an interest in those functions, duties, or powers; and ab: if the recommendation relates to a function, duty, or power associated with the administration of fish farming, the proposed approved service delivery organisation is representative of fish farmers who have an interest in the function, duty, or power; and b: the proposed approved service delivery organisation is a company incorporated under the Companies Act 1993 c: the proposed approved service delivery organisation has the financial, management, and other resources to enable it to— i: assume responsibility for the carrying out of the functions, duties, or powers that are specified in the order; and ii: ensure that those functions, duties, or powers are carried out; and d: the proposed approved service delivery organisation— i: has provided the chief executive with a monetary deposit or bond in accordance with section 296D ii: has established and is maintaining an alternative arrangement in accordance with section 296D e: standards and specifications have been issued in relation to the functions, duties, or powers. 4: An order under subsection (1) may— a: specify the rights of the Crown in relation to information and data received, held, or generated in relation to the performance or exercise of the functions, duties, or powers; and b: provide that the information and data specified in the order is the property of the Crown. 5: An approved service delivery organisation or other person who knowingly falsifies information or data to which an order under subsection (4) relates commits an offence and is liable on conviction to the penalty set out in section 252(1) 6: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 296B inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 Section 296B(3)(ab) inserted 1 January 2005 section 15 Fisheries Amendment Act (No 3) 2004 Section 296B(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 296C: Effect of transfer of specified functions, duties, or powers 1: On and from the date specified for the purpose in the relevant order under section 296B a: an approved service delivery organisation has the specified functions, duties, and powers under the relevant provisions of this Act b: references to the chief executive (however expressed) in the provisions of this Act 2: An approved service delivery organisation is responsible to the Minister for ensuring that the specified functions, duties, or powers transferred to the organisation are performed or exercised in accordance with— a: all applicable standards and specifications; and b: all applicable directions given by the Minister under section 296Q 3: The chief executive must not perform or exercise, and is not responsible for the performance or exercise of, any specified function, duty, or power that is transferred to an approved service delivery organisation by an order made under section 296B 4: Subsections (1) to (3) apply despite anything in the Commerce Act 1986 5: An approved service delivery organisation may perform or exercise its functions, duties, and powers— a: by its own employees; or b: by entering into an agreement or arrangement with any other agency or any other instrument of the Crown or any corporation sole, body of persons (whether corporate or unincorporated), or individual. Section 296C inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 Section 296C(1)(a) amended 1 November 2022 section 23 Fisheries Amendment Act 2022 Section 296C(1)(b) amended 1 November 2022 section 23 Fisheries Amendment Act 2022 296D: Minister must require payment of bond 1: The Minister must require each approved service delivery organisation— a: to provide the chief executive with a monetary deposit or bond; or b: to establish and maintain an alternative arrangement that satisfies the Minister that the specified functions, duties, or powers to be performed or exercised by the approved service delivery organisation can be transferred, at no cost to the Crown, to the Crown or an approved service delivery organisation on the expiry or earlier revocation of an order made under section 296B 2: If a monetary deposit or bond is required under subsection (1), it must be sufficient, in the opinion of the Minister, to meet the Crown's transfer costs. 3: If a monetary deposit or bond is provided by an approved service delivery organisation under subsection (1) and the Minister is satisfied, during the period for which the order under section 296B 4: If a monetary deposit or bond is provided by an approved service delivery organisation under subsection (1) and the Minister is satisfied, during the period for which the order under section 296B 5: Part 7 6: Any money paid to the chief executive under this section must be applied by the chief executive towards the payment of the Crown's transfer costs. 7: The approved service delivery organisation is entitled to receive all interest from time to time earned on the money while it is held by the chief executive. 8: The chief executive must pay the balance remaining, after applying the money in accordance with subsection (6), to the approved service delivery organisation or the surety under the bond, as the case may be. 9: In this section, the Crown's transfer costs a: means any costs to the Crown arising from the transfer of specified functions, duties, or powers from the approved service delivery organisation to the chief executive or to another approved service delivery organisation on the expiry or earlier revocation of an order made under section 296B b: does not include the value to the Crown of any property, rights, or obligations transferred under section 296H Section 296D inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 Termination of orders transferring functions, duties, or powers Heading inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 296E: Revocation of order transferring functions, duties, or powers to approved service delivery organisation 1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister, revoke or amend an order made under section 296B 2: The Minister may not make a recommendation under subsection (1) unless— a: the approved service delivery organisation named in the order has agreed to the recommendation by notice in writing to the Minister; or b: the requirements of subsection (3) have been satisfied and the Minister has complied with the requirements set out in subsection (4). 3: The requirements of this subsection are that the Minister must be satisfied that— a: the approved service delivery organisation has— i: failed to comply with any applicable standards and specifications; or ii: failed to comply with an applicable direction under section 296Q iii: failed to maintain an alternative arrangement under section 296D(1)(b) iv: failed to comply with a requirement under section 296D(3) b: there is a serious problem with the organisation within the meaning of section 296ZE(2) 4: The Minister must— a: give the approved service delivery organisation notice in writing of the Minister's intention to make the recommendation, accompanied by a statement of the Minister's reasons for the proposed recommendation; and b: give the approved service delivery organisation a reasonable opportunity to make submissions to the Minister in relation to the proposed recommendation; and c: consider any submissions made by the approved service delivery organisation. 5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 296E inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 Section 296E(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 296F: Effect of termination of transfer If an order made under section 296B section 296E a: the monetary deposit or bond (if any) held by the chief executive in relation to the approved service delivery organisation is forfeit to the chief executive, and must be applied in accordance with section 296D b: responsibility for the functions, duties, or powers is resumed by the chief executive. Section 296F inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 Transfer of property, rights, and obligations to chief executive Heading inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 296G: Purpose of sections 296H to 296N The purpose of sections 296H to 296N section 296B Section 296G inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 296H: Minister may transfer property, rights, and obligations to chief executive 1: If an order made under section 296B section 296E a: by notice in writing to an approved service delivery organisation or any other person, any property of that organisation or person (including intellectual property) that is necessary for the performance or exercise of the functions, duties, and powers for which the organisation is or was responsible under the order made under section 296B b: by notice in writing to any person other than an approved service delivery organisation, any rights and obligations of an approved service delivery organisation under any agreement or arrangement (including an employment contract) with that person that relate to the performance or exercise of those functions, duties, or powers. 2: The Minister must send a copy of a notice given under subsection (1)(b) to the approved service delivery organisation. 3: In this section and sections 296I to 296N intellectual property a: has the meaning provided for in Article 2 of the Convention establishing the World Intellectual Property Organisation done at Stockholm on 14 July 1967 and in the World Trade Organisation Agreement on the Trade Related Aspects of Intellectual Property Rights done at Marrakesh on 15 April 1994; and b: includes all intellectual property rights, including (without limitation) rights relating to circuit layouts and semiconductor chip products, confidential information, copyright, geographical indications, patents, plant varieties, registered designs, registered and unregistered trade marks, and service marks specified person Section 296H inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 296I: Minister to give notice before transferring property, etc The Minister may not give a notice under section 296H a: gives the specified person notice in writing of the Minister's intention to transfer any property, rights, or obligations to the chief executive under that section, including a statement of— i: the property, rights, and obligations that the Minister proposes to transfer: ii: the amount of compensation, if any, that the Minister proposes will be payable to the specified person; and b: gives the specified person a reasonable opportunity to make submissions to the Minister in relation to the proposed transfer; and c: considers any submissions made by the specified person. Section 296I inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 296J: Content of notice to transfer property, rights, and obligations A notice given under section 296H a: the date on which it takes effect, being a date no earlier than 30 days from the date on which the notice is given to the specified person; and b: that the specified person may, within the period specified in the notice, apply to the District Court c: that the notice will take effect— i: if the person does not apply to the District Court ii: if the person applies to the District Court Section 296J inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 Section 296J(b) amended 1 March 2017 section 261 District Court Act 2016 Section 296J(c)(i) amended 1 March 2017 section 261 District Court Act 2016 Section 296J(c)(ii) amended 1 March 2017 section 261 District Court Act 2016 296K: Right of appeal to District Court 1: A specified person may, within the period specified in a notice given under section 296H the District Court 2: On an application under this section, if a District Court Judge is not satisfied that the transfer of any property, rights, or obligations to the chief executive is necessary for the performance or exercise of the functions, duties, or powers for which the approved service delivery organisation is or was responsible, the District Court Judge must— a: revoke the notice; or b: revoke that part of the notice that relates to that property, or to those rights or obligations. Section 296K inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 Section 296K(1) amended 1 March 2017 section 261 District Court Act 2016 296L: Date on which transfer of property takes effect 1: A notice under section 296H a: if the specified person does not apply to the District Court section 296K b: if the specified person applies to the District Court 2: On the date that the notice takes effect— a: the property specified in the notice becomes the property of the chief executive; and b: the rights and obligations of the approved service delivery organisation under any agreement or arrangement specified in the notice become rights and obligations of the chief executive as if the chief executive, and not the organisation, had entered into the agreement or arrangement with the specified person. 3: This section applies despite anything in any agreement or arrangement. Section 296L inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 Section 296L(1)(a) amended 1 March 2017 section 261 District Court Act 2016 Section 296L(1)(b) amended 1 March 2017 section 261 District Court Act 2016 296M: Compensation for transfer of property 1: If property is transferred to the chief executive under section 296H 2: No compensation payable by the Crown under this section may be paid out of the monetary deposit or bond held by the chief executive in respect of the approved service delivery organisation. Section 296M inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 296N: Resolution of disputes regarding compensation 1: If there is any dispute or difference between the Minister and a specified person as to the amount of compensation payable to the person under section 296M Arbitration Act 1996 2: For the purposes of any such arbitration, this section is a submission to arbitration within the meaning of the Arbitration Act 1996 a: by agreement between the Minister and the specified person; or b: if the Minister and the specified person fail to agree, by the President of the New Zealand Institute of Valuers Incorporated. 3: Despite subsection (1), the parties may resolve the dispute or difference either before or after the matter is submitted to arbitration, and, if the agreement is made after the date of any award of arbitration, the award is cancelled. Section 296N inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 Powers of Minister in relation to approved service delivery organisations Heading inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 296O: Minister may issue standards and specifications 1: The Minister may, from time to time, issue standards and specifications relating to the performance or exercise of specified functions, duties, or powers by approved service delivery organisations, and may amend or revoke any standards and specifications issued. 2: Standards and specifications issued under this section may, without limitation, specify or provide for all or any of the following: a: descriptions of the specified functions, duties, or powers to be performed or exercised by each approved service delivery organisation to which those functions, duties, or powers apply: b: quantitative measures that each approved service delivery organisation is required to meet in respect of the functions, duties, or powers: c: performance standards that each approved service delivery organisation is required to meet in respect of the functions, duties, or powers: d: measures that an approved service delivery organisation is required to take to avoid conflicts of interest in the performance or exercise of the functions, duties, or powers specified in the relevant order under section 296B e: records that each approved service delivery organisation is required to keep in relation to the performance or exercise of those functions, duties, or powers: f: reports that each approved service delivery organisation is required to provide to the Minister in relation to the performance or exercise of those functions, duties, or powers: g: requirements as to the auditing of the operations of— i: each approved service delivery organisation; and ii: any person with whom the approved service delivery organisation has an arrangement under section 296C(5) h: constraints on the performance or exercise of any functions, duties, or powers by each approved service delivery organisation. 3: Standards and specifications issued under this section may apply to any 1 or more approved service delivery organisations, or to any class or classes of approved service delivery organisation. 4: An approved service delivery organisation must comply with the standards and specifications that apply to the functions, duties, or powers for which it is responsible. Section 296O inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 296P: Procedure for issuing standards and specifications 1: Before issuing or amending standards and specifications under section 296O a: the Minister responsible for the administration of the Environment Act 1986 b: those classes of persons or those approved service delivery organisations that, in the opinion of the first-mentioned Minister, have an interest in the standards and specifications. 2: Despite subsection (1), the Minister is not required to consult anyone if the Minister is satisfied that— a: the standards and specifications need to be issued or amended urgently; or b: the amendment is minor and will not adversely affect the substantial interests of any person. 3: When the Minister issues or amends standards and specifications, the Minister must— a: give a copy of the standards and specifications to each approved service delivery organisation to which they relate; and b: publish a notice in the Gazette 4: The notice published in the Gazette a: give a general indication of the nature of the standards and specifications; and b: specify where copies of the standards and specifications may be obtained. Section 296P inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 296Q: Approved service delivery organisations must comply with directions 1: The Minister may give a written direction to any approved service delivery organisation in respect of the performance or exercise by it of any specified functions, duties, or powers. 2: The Minister may not give a direction in respect of— a: a specific application to the approved service delivery organisation; or b: a specific person. 3: The Minister must— a: give a copy of the direction to each approved service delivery organisation to which the direction relates; and b: as soon as practicable after giving the written notice,— i: publish the direction in the Gazette ii: present a copy of it to the House of Representatives. 4: When performing or exercising any specified functions, duties, or powers an approved service delivery organisation must comply with any direction given to it by the Minister in accordance with this section. Section 296Q inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 Sanctions for breach of standards and specifications or directions Heading inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 296R: Sanctions for failing to comply with standards and specifications 1: If an approved service delivery organisation fails to comply with any applicable standards and specifications, or with an applicable direction under section 296Q section 296W 2: Sanctions are civil penalties prescribed in regulations made under section 296ZI Section 296R inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 296S: Demerit points to be recorded by Minister 1: This section applies if, in the opinion of the Minister, an approved service delivery organisation fails to comply with— a: any applicable standards or specifications; or b: any applicable direction under section 296Q 2: The Minister may record in respect of an approved service delivery organisation such number of demerit points for each failure referred to in subsection (1) as may be prescribed in regulations made under section 296ZI 3: If 2 or more such failures by an approved service delivery organisation occur in respect of the same set of circumstances,— a: the Minister must record demerit points in relation to 1 failure only; and b: if the failures do not carry the same number of demerit points, the Minister must record demerit points for the failure or one of the failures that carries the greatest number of points. 4: Demerit points recorded under subsection (2) have effect on and from the date of the failure in respect of which the demerit points are recorded. Section 296S inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 296T: Procedure for recording demerit points 1: Before recording any demerit points in respect of an approved service delivery organisation, the Minister must give written notice to the organisation. 2: The notice must state— a: the failure that makes the approved service delivery organisation liable to have the demerit points recorded against the organisation; and b: the number of demerit points specified in respect of that failure that the Minister proposes to record against the organisation; and c: the right of the organisation to object to the Minister's decision by giving written notice to the Minister within 20 working days after the date of the Minister's notice ( the stated 20-day period d: that an objection must include a statement of the organisation's reasons for objecting; and e: the Minister's right to record the demerit points if— i: no objection is made within the stated 20-day period; or ii: an objection is made without a statement of reasons; and f: the consequences of further demerit points being recorded against the organisation. 3: The Minister may withdraw a notice at any time, in which case demerit points will not be recorded against the organisation in respect of the failure specified in the notice. Section 296T inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 296U: Demerit points recorded where no objection made The Minister must record the prescribed demerit points under section 296S a: if no objection is made within the stated 20-day period; or b: if an objection is made by an approved service delivery organisation that is not accompanied by a statement of reasons. Section 296U inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 296V: Demerit points recorded where objection made 1: This section applies if— a: an objection to the recording of demerit points, accompanied by a statement of reasons, is received from the approved service delivery organisation within the stated 20-day period; and b: the Minister does not accept the objection. 2: The Minister may apply to the District Court 3: The District Court must order the Minister to record the demerit points under section 296S section 296T 4: The court may award costs as if the matter were a criminal matter. Section 296V inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 Section 296V(2) amended 1 March 2017 section 261 District Court Act 2016 296W: Civil penalty imposed where demerit points recorded 1: As soon as practicable after the end of each financial year, the Minister must calculate the total number of demerit points recorded under section 296S(2) 2: The Minister must advise the organisation as soon as reasonably practicable of the amount of civil penalty payable in respect of the total number of demerit points. 3: The amount of civil penalty payable in respect of specified failures is prescribed in regulations made under section 296ZI 4: As soon as practicable after the end of each financial year, the Minister must cancel the demerit points recorded against an approved service delivery organisation in respect of that financial year, but the applicable civil penalty is payable despite the cancellation of those demerit points. Section 296W inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 296X: Collection of civil penalty 1: The Minister may recover a civil penalty in a court of competent jurisdiction, as if the penalty were a debt due to the Crown. 2: In this case, the penalty includes the costs of the court and, if ordered, the Minister's costs relating to the application. Section 296X inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 296Y: Penalties payable into Crown Bank Account Every civil penalty under section 296W a Section 296Y inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 Section 296Y amended 25 January 2005 section 65R(3) Public Finance Act 1989 Fees Heading inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 296Z: Fees 1: An approved service delivery organisation may set fees and charges in respect of functions, duties, and powers performed or exercised by the organisation under an order made under section 296B 2: Fees may be set at any level as specified by the organisation. 3: This section applies despite anything in this Act Commerce Act 1986 Section 296Z inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 Section 296Z(3) amended 1 November 2022 section 23 Fisheries Amendment Act 2022 296ZAA: Suspension of permit and refusal of services for non-payment of fees 1: The chief executive may, by notice in writing, after giving a person prior notice in writing of the chief executive's intention to do so, suspend a fishing permit or licence or fish farmer's registration a: the person is liable to pay any fee charged under section 296Z b: the person has not paid the fee in full within 2 months after the date on which payment of the fee became due, or within the time allowed under an arrangement with the chief executive, as the case may be. 2: The chief executive may suspend a fishing permit or licence or fish farmer's registration or registration 3: If the person holds 2 or more fishing permits or licences, the chief executive may suspend such of the permits or licences as he or she considers appropriate. 4: A fishing permit or licence or a fish farmer's registration 5: Any application for registration of a caveat, mortgage, transfer of annual catch entitlement, or transfer of quota shares, and any application for vessel registration or for the registration of an automatic location communicator is not effective during the period of suspension. 6: The chief executive must lift a suspension imposed under this section or provide the services that have been refused under this section— a: if the outstanding fee is paid to the chief executive; or b: the chief executive and the person liable to pay the outstanding amount of the fee enter into an arrangement for repayment of that amount. 7: A court may at any time, on application by the holder of a fishing permit or licence or a fish farmer's registration Section 296ZAA inserted 1 October 2004 section 54 Fisheries Amendment Act (No 3) 2004 Section 296ZAA(1) amended 1 January 2005 section 16(1) Fisheries Amendment Act (No 3) 2004 Section 296ZAA(2) amended 1 January 2005 section 16(2)(a) Fisheries Amendment Act (No 3) 2004 Section 296ZAA(2) amended 1 January 2005 section 16(2)(b) Fisheries Amendment Act (No 3) 2004 Section 296ZAA(4) amended 1 January 2005 section 16(3) Fisheries Amendment Act (No 3) 2004 Section 296ZAA(7) amended 1 January 2005 section 16(4) Fisheries Amendment Act (No 3) 2004 Information disclosure requirements Heading inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 296ZA: Regulations relating to information disclosure 1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: a: requiring approved service delivery organisations to make publicly available prescribed financial statements that follow generally accepted accounting principles, including profit and loss statements, balance sheets, and statements of accounting principles: b: requiring approved service delivery organisations to publish, in the prescribed manner, information in relation to the performance and exercise of specified functions, duties, and powers, and prescribing the information that the organisations must make available, which information must include— i: prices, terms, and conditions; and ii: pricing policies and methodologies; and iii: costs; and iv: cost allocation policies and methodologies; and v: performance measures, or information from which performance measures may be derived, or both: c: prescribing the form and manner in which the financial statements required by any regulations made under paragraph (a) must be made available: d: prescribing the form of statutory declaration, and the persons by whom a statutory declaration must be made, for the purposes of section 296ZB(3) e: prescribing the time limits within which the information disclosure required by any regulations made under this section must be made to the public: f: exempting or providing for the exemption of any person or class of persons from all or any of the requirements of any regulations made under this section: g: providing for the revocation of an exemption of any person or class of persons from all or any of the requirements of any regulations made under this section. 2: Regulations under this section are secondary legislation ( see Part 3 3: If the regulations provide for the exemption of any class of persons under subsection (1)(f), or for the revocation of an exemption of any class of persons under subsection (1)(g),— a: the instrument granting or revoking the exemption is secondary legislation ( see Part 3 b: the regulations must contain a statement to that effect. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (2). Legislation Act 2019 requirements for secondary legislation referred to in subsection (2) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (3)(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (3)(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (2) LA19 ss 73 74 cl 14 Presentation The Minister must present it to the House of Representatives, unless a transitional exemption applies under Schedule 1 LA19 s 114 cl 32 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 296ZA inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 Section 296ZA(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 296ZA(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 296ZB: Information to be supplied to chief executive 1: Every approved service delivery organisation must supply to the chief executive,— a: within 5 working days after the statements and information are first made available, a copy of all statements and information made available to the public under regulations made under section 296ZA b: any further statements, reports, agreements, particulars, or other information requested in writing by the chief executive that are reasonably necessary for the purpose of monitoring the organisation's compliance with those regulations. 2: Every approved service delivery organisation to whom a request is made under subsection (1)(b) must comply with the request within 30 days after receiving it, or within such further period as the chief executive may, in any particular case, allow. 3: All statements, reports, agreements, particulars, or information supplied to the chief executive under subsection (1) must be verified by statutory declaration by the persons and in the form prescribed by regulations made under section 296ZA(d) Section 296ZB inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 296ZC: Supply of information relating to business of approved service delivery organisation 1: For the purpose of monitoring an approved service delivery organisation's compliance with regulations made under section 296ZA section 296Q 2: The Minister may revoke, vary, or amend a notice by giving a subsequent notice to the organisation. 3: An approved service delivery organisation commits an offence against this Act if it— a: fails to comply with any requirements of the Minister under this section; or b: supplies information or data that the organisation is required to supply under this section knowing that it is false or misleading in a material particular; or c: knowingly omits any material particular in any information or data that the organisation is required to supply under this section. 4: The penalty on conviction for an offence against subsection (3)(a) is set out in section 252(3) 5: The penalty on conviction for an offence against subsection (3)(b) or (c) is set out in section 252(1) Section 296ZC inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 296ZD: Requirement that information be audited 1: The Minister may, by notice in writing to an approved service delivery organisation, require any information or data that the organisation is required to supply under section 296ZC 2: An approved service delivery organisation commits an offence against this Act if it fails to comply with this section. 3: The penalty on conviction for an offence against subsection (2) is set out in section 252(3) Section 296ZD inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 296ZE: Disclosure of information to Minister 1: Any person must disclose to the Minister information relating to the affairs of an approved service delivery organisation if, in the course of or in connection with performing the role of auditor of the organisation, the person forms an opinion that there is a serious problem with the organisation. 2: For the purposes of this Part, a serious problem a: is not operating, or is likely not to operate, in any material respect in accordance with— i: the provisions of this Act ii: any applicable standards and specifications; or iii: an applicable direction under section 296Q b: is insolvent or likely to become insolvent. 3: For the avoidance of doubt, subsection (1) does not require a person who is an auditor of an approved service delivery organisation to perform or exercise functions, duties, or powers additional to those functions, duties, or powers that the person would ordinarily perform or exercise in the course of performing that role, other than to make disclosure to the Minister as required by subsection (1). 4: This section applies despite any enactment or rule of law, or anything in a contract. Section 296ZE inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 Section 296ZE(2)(a)(i) amended 1 November 2022 section 23 Fisheries Amendment Act 2022 296ZF: Auditor to inform approved service delivery organisation of intention to disclose An auditor must, before disclosing information to the Minister under section 296ZE a: the auditor's intention to disclose the information; and b: the nature of the information. Section 296ZF inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 296ZG: Protection of auditors 1: No civil, criminal, or disciplinary proceedings lie against an auditor arising from the disclosure in good faith of information to the Minister under section 296ZE 2: No person may remove from office, or terminate the contract of appointment of, an auditor merely because of the disclosure in good faith of information to the Minister under section 296ZE 3: A tribunal, body, or authority having jurisdiction in respect of the professional conduct of an auditor must not make an order against, or do an act in relation to, that auditor in respect of the disclosure. 4: Information received by the Minister under section 296ZE 5: Nothing in subsection (4) limits the admissibility of information obtained in any other way. Section 296ZG inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 296ZH: Unique identifiers 1: The purpose of this section is— a: to enable approved service delivery organisations to assign to any person specified in section 189 b: to restrict approved service delivery organisations from using such unique identifiers for purposes other than carrying out the specified functions, duties, or powers transferred to them under section 296B 2: Despite information privacy principle 13(2) section 22 section 189 3: This section does not authorise an approved service delivery organisation to use a unique identifier assigned by the chief executive, except for the purpose of carrying out the specified functions, duties, or powers that have been transferred to that approved service delivery organisation under section 296B Section 296ZH inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 Section 296ZH(2) amended 1 December 2020 section 217 Privacy Act 2020 296ZI: Regulations 1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: a: specifying those failures to comply with specified standards or specifications, or directions under section 296Q b: prescribing the number of demerit points to be recorded in respect of specified failures: c: prescribing the amount of civil penalties payable in respect of different amounts or levels of demerit points incurred by an approved service delivery organisation in any financial year. 2: Without limiting subsection (1), regulations made under this section may provide for graduated scales of demerit points and civil penalties. 3: The total amount of civil penalties that may be incurred by an organisation in any financial year, as prescribed by regulations made under this section, may not exceed $500,000. 4: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 296ZI inserted 9 September 1999 section 65 Fisheries Act 1996 Amendment Act 1999 Section 296ZI(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 16: Miscellaneous provisions 297: General regulations 1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: a: regulating or controlling fishing and the possession, processing, and disposal of fish, aquatic life, or seaweed including any of the following: i: regulating, authorising, or prohibiting the taking or possession of any fish, aquatic life, or seaweed of any stock or species: ii: regulating, authorising, or prohibiting the taking or possession of fish, aquatic life, or seaweed from any area: iii: regulating or prohibiting the taking or possession of fish, aquatic life, or seaweed at any time, or for any period: iv: regulating or prohibiting the taking or possession of fish, aquatic life, or seaweed smaller, or larger, than a specified size: v: regulating or prohibiting the taking, possession, or disposal of any fish, aquatic life, or seaweed that is in any specified condition or exhibits specified physical characteristics: vi: regulating or prohibiting the return of fish, aquatic life, or seaweed to any waters: vii: regulating or prohibiting any method of fishing: viii: regulating or prohibiting the possession or use of any kind of gear, equipment, or device used for, or related to, fishing: ix: regulating or prohibiting the use of fishing vessels or fish carriers: x: regulating the number or weight of any fish, aquatic life, or seaweed that may be taken or possessed, whether by reference to any period or on any other basis whatever; and prohibiting the taking or possession of any number or weight of fish, aquatic life, or seaweed that exceeds the specified maximum number or weight: xi: regulating the methods, equipment, and devices to be used for determining the size or weight of any fish, aquatic life, or seaweed: xii: regulating the methods, equipment, and devices that may be used to process fish, aquatic life, or seaweed; and prohibiting the processing of fish, aquatic life, or seaweed otherwise than by that method or by use of such equipment or devices: xiii: regulating the methods by, or the circumstances under which, fish, aquatic life, or seaweed may be held, stored, conveyed, or identified, including the use of any containers, marks, or labels: xiv: for the purposes of section 191(1)(c) A: authorising the chief executive to approve alternative methods of disposal of fish, aquatic life, or seaweed: B: providing for applications to use an approved alternative method of disposal and prescribing requirements relating to applications: C: prescribing criteria that the chief executive must take into account in considering an application: D: prescribing requirements relating to the disposal of fish, aquatic life, or seaweed by an approved method of disposal: E: providing for, and prescribing requirements relating to, the verification of the alternative methods of disposal of fish, aquatic life, or seaweed. b: c: providing for the issue, refusal, renewal, suspension, revocation, surrender, or modification of licences to receive fish, aquatic life, or seaweed by the chief executive, and the imposing of conditions on such licences, whether by the chief executive or otherwise, for persons who wish to act as fish receivers and to purchase or otherwise acquire or be in possession, in prescribed circumstances, of fish, aquatic life, or seaweed taken for the purpose of sale: ca: prescribing requirements relating to the provision, installation, and maintenance of electronic and other equipment (including, for the avoidance of doubt, the requirement for a class of person to provide, install, or maintain the equipment) to observe any fishing and related activities described in paragraph (e) d: requiring, or authorising the chief executive to require,— i: any applicant for any licence, permit, approval, or other authority under this Act; or ii: the holder of any such authority— to provide to the chief executive such information as the chief executive may reasonably require for the purpose of this Act: e: defining the vessels or classes or types of vessels to which any regulations are to apply: f: conferring, and making any provisions with respect to, rights of appeal or review against decisions made under the regulations: g: prescribing details and conditions relating to the registration of fishing vessels and fish carriers and related matters, the method or methods of identifying fishing vessels and fish carriers, the identification marks or symbols or distinguishing flags to be carried by such vessels and by tenders and similar vessels carried by or attached to or used in conjunction with registered vessels, and the identification marks on sails, nets or seines, and other gear used in fishing, by vessels or otherwise: ga: requiring notified users and registered operators of vessels to notify the chief executive of the user of the vessel from time to time: h: prescribing the accounts, records, returns, and information that any person or class of persons may be required to keep or provide under Part 10 i: the manner and form in which such accounts, records, returns, and information are to be kept or provided: ii: the time for or within which such accounts, records, returns, and information are to be kept or provided: iii: the person by or to whom such accounts, records, returns, and information are to be kept or provided: iv: the places where such accounts, records, returns, and information are to be kept or provided: ha: recognising, for the purposes of section 32(2)(b) hb: providing for the method of calculating provisional catch history for any highly migratory species to ensure consistency with the method used by an international fisheries organisation in determining New Zealand's national allocation for that species: i: making, for the purpose of this Act, rules and other provisions with respect to the manner and order in which catch is to be balanced against annual catch entitlements or individual catch entitlements, including rules— i: prescribing the manner of calculating reported catch and the information or evidence to be used as the basis for calculating such catch: ii: to be applied in the balancing of annual catch entitlements or individual catch entitlements against reported catch: iii: providing for remissions or refunds of deemed value amounts: j: prescribing for the auditing of licensed fish receivers, including regulations— i: requiring every licensed fish receiver to provide 1 or more certificates of system audit in respect of the receiving, accounting, and other systems required by this Act to be maintained by the licensed fish receiver, and requiring every licensed fish receiver to provide a description and details of such systems operated by that person: ii: specifying the frequency with which certificates of system audit and other documentation should be provided to the chief executive: iii: specifying the type or class of persons who may be approved by the chief executive to conduct audits and issue certificates of system audit: iv: providing for the issuing of circulars and notices by the chief executive in relation to the processes and methods of system audit to be applied by approved persons: k: making such provision as may be necessary or expedient for the purpose of giving effect to any determination in relation to any dispute made under section 123 l: prescribing forms and other documents required for the purpose of this Act: m: prescribing— i: the matters in respect of which fees or charges are payable under this Act, which may include, in relation to any application, an application fee and an additional processing charge: ii: the amounts of the fees or charges, or the method or rates (including hourly rates) by which they are to be assessed, which may differ depending on whether or not an application is processed on an urgent basis: iii: the persons liable to pay the fees or charges: iv: the circumstances in which the Minister or the chief executive may remit or waive payment of the whole or any part of the fees or charges: ma: without limiting paragraph (m), prescribing fees and charges payable under this Act in respect of the functions of the chief executive in relation to aquaculture activities or proposed aquaculture activities in the coastal marine area: mb: without limiting paragraph (m), prescribing fees and charges payable under this Act in respect of the functions of observers, including regulations— i: authorising the chief executive to determine the amount payable in individual cases within the minimum and maximum amounts or rates prescribed in the regulations: ii: prescribing different amounts or rates in respect of different areas or classes of vessels: iii: specifying the period in respect of which fees and charges are payable, which period may begin when the observer is available to board the vessel concerned while it is waiting in port: iv: specifying the method by which the amount payable in any case is to be determined: n: creating offences in respect of the contravention of, or non-compliance with, any regulations made under this Act; and providing for the imposition of fines not exceeding $100,000, including the imposition of different fines in respect of a first offence, a second offence, and subsequent offences: na: prescribing infringement offences against this Act by commercial fishers and other persons, including— i: offences in respect of fishing and related activities, such as offences in respect of— A: the taking, possession, return, abandonment, processing, or sorting of fish or other animals that are aquatic life: B: transportation connected with fishing: C: measures to avoid, remedy, or mitigate fishing-related mortality: ii: offences in respect of reporting and record-keeping requirements: nb: prescribing the form of infringement notices and infringement offence reminder notices nc: setting the infringement fee payable in respect of an infringement offence, which fee may not exceed $3,000; and setting different infringement fees for different infringement offences: nd: specifying serious non-commercial offences for the purposes of this Act, which offences must be offences against regulations made under this Act o: implementing any provisions of, or giving effect to, any bilateral or multilateral treaty, convention, or agreement to which New Zealand is a signatory or a party, or any understanding oa: implementing or giving effect to provisional measures of an international court or tribunal: p: q: providing for the operation of registers under sections 98 124 , 186K , and 186ZE qa: prescribing, for the purposes of section 158(1) r: s: prescribing such particulars and matters as are required to be shown in the Permit Register, the High Seas Permit Register, sa: specifying the order in which the chief executive is to action transactions specified in the regulations for the purposes of section 63 t: specifying reasons on the basis of which applications to correct a register may be made under section 164 the chief executive section 165 u: setting out conditions and other provisions that apply to approvals given under section 296 v: prescribing circumstances in which, and times and places at which, a commercial fisher or a person authorised to fish in New Zealand fisheries waters under Part 5 w: closing an area or areas to commercial fishing, or prohibiting a method or methods of commercial fishing within an area or areas, for the purpose of better providing for recreational fishing for a stock under section 311 wa: authorising the Minister to set or vary management controls in respect of recreational fishing, including— i: daily limits, maximum legal sizes, and minimum legal sizes for any stocks, species, or fisheries management areas; and ii: conditions and requirements relating to the controls: x: prescribing the matters required to be notified to commercial fishers under section 80(1) y: providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration. 2: Without limiting anything in subsection (1), any such regulations may— a: authorise the Minister or the chief executive to issue or impose, as the case may be, any authority, approval, requirement, prohibition, restriction, condition, direction, instruction, order, permit, notice, or circular: b: exempt from compliance with or the application of any provisions of the regulations any person or species or vessel, or authorise the Minister or the chief executive to grant such exemptions as the regulations may specify. 3: Without limiting anything in this section or section 299(1) a: fishing to which Part 5 b: New Zealand nationals and New Zealand ships when they are outside New Zealand fisheries waters. 3A: If the regulations authorise the Minister under subsection (1)(wa) a: the instrument by which that is done is secondary legislation ( see Part 3 b: the regulations must contain a statement to that effect. 4: Regulations under this section are secondary legislation ( see Part 3 5: Subsection (6) applies if regulations made under this section authorise any of the following: a: the chief executive to require information referred to in subsection (1)(d): b: the Minister or chief executive to remit or waive fees or charges referred to in subsection (1)(m)(iv): c: the Minister or chief executive to issue or impose an authority, approval, requirement, prohibition, restriction, condition, direction, instruction, order, permit, notice, or circular referred to in subsection (2)(a): d: the Minister or chief executive to grant exemptions referred to in subsection (2)(b). 6: If this subsection applies,— a: an instrument exercising that authority is secondary legislation ( see Part 3 i: 1 or more named persons; or ii: in the case of an exemption referred to in subsection (2)(b), 1 or more identified vessels; and b: the regulations must contain a statement to that effect. 7: The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (3A). Legislation Act 2019 requirements for secondary legislation referred to in subsection (3A) Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 ss 69 73 74(1)(aa) Presentation The Minister must present it to the House of Representatives, unless it is excluded by section 114(2) LA19 s 114 Disallowance It may be disallowed by the House of Representatives, unless it is excluded by section 115 LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (4). Legislation Act 2019 requirements for secondary legislation referred to in subsection (4) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (6)(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (6)(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (4) LA19 ss 73 74 cl 14 Presentation The Minister must present it to the House of Representatives, unless a transitional exemption applies under Schedule 1 LA19 s 114 cl 32 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 297(1)(a)(xiv) inserted 1 November 2022 section 15(1) Fisheries Amendment Act 2022 Section 297(1)(b) repealed 1 October 2004 section 55(1) Fisheries Amendment Act (No 3) 2004 Section 279(1)(ca) replaced 1 November 2022 section 15(2) Fisheries Amendment Act 2022 Section 297(1)(ga) inserted 9 September 1999 section 66(1) Fisheries Act 1996 Amendment Act 1999 Section 297(1)(ha) inserted 1 October 2004 section 55(2) Fisheries Amendment Act (No 3) 2004 Section 297(1)(hb) inserted 1 October 2004 section 55(2) Fisheries Amendment Act (No 3) 2004 Section 297(1)(i)(iii) substituted 9 September 1999 section 66(2) Fisheries Act 1996 Amendment Act 1999 Section 297(1)(m) substituted 9 September 1999 section 66(3) Fisheries Act 1996 Amendment Act 1999 Section 297(1)(ma) inserted 1 October 2011 section 25 Fisheries Amendment Act 2011 Section 297(1)(mb) inserted 8 August 2014 section 15(2) Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 Section 279(1)(na) replaced 1 November 2022 section 15(3) Fisheries Amendment Act 2022 Section 297(1)(nb) inserted 9 September 1999 section 66(4) Fisheries Act 1996 Amendment Act 1999 Section 297(1)(nb) amended 1 October 2004 section 55(3) Fisheries Amendment Act (No 3) 2004 Section 297(1)(nc) inserted 9 September 1999 section 66(4) Fisheries Act 1996 Amendment Act 1999 Section 297(1)(nd) inserted 9 September 1999 section 66(4) Fisheries Act 1996 Amendment Act 1999 Section 297(1)(nd) amended 1 November 2022 section 23 Fisheries Amendment Act 2022 Section 297(1)(o) amended 1 October 2001 section 30 Fisheries Amendment Act 2001 Section 297(1)(oa) inserted 1 May 2001 section 26(2) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 297(1)(p) repealed 25 August 2005 section 75 Overseas Investment Act 2005 Section 297(1)(q) amended 1 January 2005 section 17 Fisheries Amendment Act (No 3) 2004 Section 297(1)(qa) inserted 26 May 2001 section 25 Fisheries (Remedial Issues) Amendment Act 2001 Section 297(1)(r) repealed 9 September 1999 section 66(5) Fisheries Act 1996 Amendment Act 1999 Section 297(1)(s) amended 1 May 2001 section 26(3) Fisheries Act 1996 Amendment Act (No 2) Act 1999 Section 297(1)(sa) inserted 9 September 1999 section 66(6) Fisheries Act 1996 Amendment Act 1999 Section 297(1)(t) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 297(1)(wa) inserted 1 November 2022 section 15(4) Fisheries Amendment Act 2022 Section 297(3) substituted 1 May 2001 section 26(4) Fisheries Act 1996 Amendment Act (No 2) 1999 Section 297(3A) inserted 1 November 2022 section 15(5) Fisheries Amendment Act 2022 Section 297(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 297(5) replaced 28 October 2021 section 3 regulation 25 Legislation Act (Amendments to Legislation) Regulations 2021 Section 297(6) replaced 28 October 2021 section 3 regulation 25 Legislation Act (Amendments to Legislation) Regulations 2021 Section 297(7) repealed 28 October 2021 section 3 regulation 25 Legislation Act (Amendments to Legislation) Regulations 2021 298: Regulations relating to sustainability measures 1: Without limiting the generality of section 297 a: implementing any sustainability measure or the variation of any sustainability measure set or varied under section 11 b: if there is no applicable approved population management plan for the time being in force under section 14F section 3E c: if there is an applicable approved population management plan for the time being in force under section 14F section 3E i: to ensure that the maximum allowable fishing-related mortality level set by the relevant population management plan is not exceeded: ii: to further avoid, remedy, or mitigate any adverse effects of fishing on the relevant protected species: d: requiring, or authorising the Minister or the chief executive to require, any person or class of persons specified in section 189 2: Regulations under this section are secondary legislation ( see Part 3 3: If the regulations authorise the Minister or chief executive under subsection (1)(d) to require a class of persons to provide information relating to fishing-related mortality,— a: the instrument by which that requirement is imposed is secondary legislation ( see Part 3 b: the regulations must contain a statement to that effect. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (2). Legislation Act 2019 requirements for secondary legislation referred to in subsection (2) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (3)(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (3)(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (2) LA19 ss 73 74 cl 14 Presentation The Minister must present it to the House of Representatives, unless a transitional exemption applies under Schedule 1 LA19 s 114 cl 32 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 298(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 298(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 298A: Regulations relating to demerit points 1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: a: authorising the Minister or the chief executive to record demerit points against any of the following persons who commit a specified infringement offence: i: the master of a vessel: ii: the holder of a fishing permit: b: prescribing the number of demerit points or a graduated scale of demerit points that may be recorded for specified infringement offences (including a greater number of demerit points for committing a second or subsequent infringement offence): c: specifying different classes of infringement offence that are liable to demerit points: d: providing for the expiry of recorded demerit points no later than 3 years after the date on which the specified infringement offence is committed: e: prescribing a civil penalty not exceeding $10,000, which may be a fixed amount or a graduated scale of civil penalties for different levels of recorded demerit points: f: providing for the review of penalties imposed for recorded demerit points: g: providing for appeals against penalties imposed for recorded demerit points: h: providing for the review of video recordings and associated information made by equipment placed on a fishing vessel under section 227A i: providing for the effective operation of the demerit point system under this section, including regulations that— i: specify how demerit points (including accumulated demerit points) are to be recorded, including the information to be recorded in connection with the recorded demerit points: ii: authorise the chief executive to require persons to provide that specified information: iii: provide for the giving of notices in respect of demerit points. 2: Regulations made under this section must provide for the matters specified in subsection (1)(f) and (g). 3: This section does not limit the generality of section 297 4: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 298A inserted 1 November 2022 section 16 Fisheries Amendment Act 2022 299: Regulations relating to foreign licensed access 1: Without limiting the generality of section 297 a: prescribing, in relation to licences under section 83 i: the manner of applying for licences: ii: the form of applications for licences: iii: the terms for which licences may be granted: b: providing for the production of such licences by licensees to specified New Zealand authorities when required to do so, and the inspection of licences by such authorities: c: requiring applicants for licences, and licensees, to designate authorised agents in New Zealand in respect of foreign fishing vessels: d: making such other provision as may be necessary or expedient to ensure that foreign fishing vessels are used for fishing within the exclusive economic zone only in accordance with the terms and conditions of their licences: e: prescribing the amount of the fees, charges, and royalties payable to the Crown under Part 5 f: prescribing particular types of highly migratory stock, and regulating, in a manner not inconsistent with Part 5 g: creating offences for breaches of any such regulations; and imposing in respect of such offences— i: in the case of an owner or operator of a foreign fishing vessel, fines not exceeding $500,000: ii: in the case of a licensee or master of a foreign fishing vessel, fines not exceeding $250,000: h: prescribing the forms of notices and the procedures (including procedures and approval methods for the service of notices) to be followed for the purposes of Part 5 2: Regulations made under this section may make different provision for different parts of the exclusive economic zone and for different stocks. 3: Regulations made under subsection (1)(e) shall be made on the recommendation of the Minister and, in recommending the making of such regulations, the Minister may take into account the cost of implementing the provisions of this Act with respect to foreign fishing vessels within the exclusive economic zone, including the cost of managing fisheries resources, fisheries research, and the administration and enforcement of this Act and other relevant enactments. 4: Regulations under this section are secondary legislation ( see Part 3 1977 No 28 s 22 1980 No 146 s 2(2) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 299(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 299A: Amendments to update Schedule 1A 1: The Governor-General may from time to time, by Order in Council,— a: amend Schedule 1A b: revoke Schedule 1A 2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 299A inserted 1 May 2001 section 27 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 299A(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 300: Dockside monitoring 1: Without limiting the generality of section 297 a: requiring that fish, aquatic life, or seaweed be landed at designated landing sites or designated weighing stations, at specified times, with an appointed person present: b: providing for the designation of sites by the chief executive as landing sites or weighing stations, and providing for different sites to be so designated for different classes of vessels, stocks, or commercial fishers: c: requiring any owners, operators, or masters of vessels, or any permit holders, or any of them, to notify appointed persons of the intention to land fish, aquatic life, or seaweed: d: providing for the appointment of persons to inspect catch, and to monitor and verify the accuracy of any information recorded in the catch, effort, and landing returns (or other prescribed returns), and for the resignation or removal of such persons: e: empowering appointed persons to give directions as to the manner in which fish, aquatic life, or seaweed, or any prescribed returns, are to be presented for inspection: f: prescribing the form of documents to be completed, the time and manner in which such documents are to be completed, and the persons to whom completed documents are to be sent. 2: The Crown, the chief executive, and appointed persons shall not be liable for any loss or damage caused as a result of any person lawfully carrying out functions or duties conferred or imposed by regulations made for any purpose referred to in subsection (1). 3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 300(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 301: Regulations relating to freshwater fish farming 1: Without limiting the generality of section 297 a: authorising persons, to be registered for the purpose, to construct and maintain ponds as fish farms for breeding and rearing fish (other than trout), aquatic life, or seaweed for sale subject to such conditions as are specified in the regulations: b: regulating the operation of fish farms subject to such conditions as are specified in the regulations, and prohibiting the operation of any such fish farm, and the sale, disposal, transport, or export of any fish, aquatic life, or seaweed from such a fish farm without a licence: c: providing for the registration of persons who may hold licences to operate fish farms and for the qualifications those persons are required to hold and the conditions with which they are required to comply before being granted registration and in order to remain registered: d: providing for the appointment of officers, including any class of officers with specialist qualifications, to inspect such fish farms and ensure that any regulations made under this section are enforced, and for the inspection of any such fish farm or facilities for processing or storing any fish, aquatic life, or seaweed reared on the farm: e: providing for the application for, issue, revocation, renewal, variation, and transfer of licences in respect of any such operation, and the form and contents of any such licence; and prescribing the fees payable in advance in respect of any such matter relating to any such licence and the fees payable annually or 6-monthly in advance for the continued validity of any such licence: f: specifying the species, subspecies, varieties, or hybrids of fish, aquatic life, or seaweed that may be bred or reared in any such farm; and regulating the types and quantities of food that may be fed to any such fish, aquatic life, or seaweed, and the methods of feeding: g: regulating or prohibiting the sale, possession, disposal, or processing of any such fish, aquatic life, or seaweed: h: providing for the keeping by the licensee of any fish farm of records of fish, aquatic life, or seaweed acquired, kept, and disposed of, and for the keeping of records relating to those fish, aquatic life, or seaweed by any other licensee or other person: i: prescribing the measures to be taken to avoid the outbreak, or on an outbreak, of any disease among the fish, aquatic life, or seaweed, and authorising or requiring the taking of any specimen, the testing of any thing, or the sampling of any substance present on any fish farm, and authorising or requiring the removal of any specimen or sample, or the destruction of diseased fish, aquatic life, or seaweed, whether with or without payment of compensation. 2: Regulations under this section are secondary legislation ( see Part 3 1983 No 14 s 91 1991 No 149 s 26(1) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 301(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 302: General provisions as to regulations 1: Any regulations made under this Act may apply generally throughout New Zealand fisheries waters , generally throughout the high seas, 2: All authorities, approvals, requirements, conditions, directions, instructions, orders, permits, notices, and circulars issued or imposed under regulations made under this Act shall have effect according to their tenor and shall be complied with by all persons affected thereby. Section 302(1) amended 1 May 2001 section 28 Fisheries Act 1996 Amendment Act (No 2) 1999 302A: Gazette Section 302A repealed 1 November 2022 section 17 Fisheries Amendment Act 2022 303: Certain secondary legislation or published instruments may be consolidated Secondary legislation made by same maker and with same publishing requirements 1: The Minister or the chief executive (the maker a: the maker has made, or may make, under a provision of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the secondary legislation; and b: is not drafted by the PCO ( see section 67 Other instruments made by same maker and with same publishing requirements 2: The Minister or the chief executive (the maker a: the maker has made, or may make, under any provisions of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the instruments; and b: are not secondary legislation. Once this section is applied to specific instruments 3: The powers of the maker to amend or replace the specific instruments (whether given by a specific empowering provision, section 48 a: revoke any specific instrument that has been made (a revoked instrument b: make an instrument under any of the specific empowering provisions (the new instrument i: has the same effect that all or part of the revoked instrument or instruments had immediately before being revoked; and ii: otherwise has any further effect (if any) authorised by the specific empowering provisions (the new or amended parts 4: For each part of the new instrument (the replacement part revoked part a: the replacement part must be treated as being made under the specific empowering provision under which the revoked part was made; and b: any requirements for making the replacement part or for revoking the revoked part, other than the requirements for publication, must be treated as being satisfied to the extent that the requirements for making the revoked part were satisfied when it was made. 5: To avoid doubt,— a: the new or amended parts of the new instrument (if any) are made under the relevant specific empowering provisions; and b: any requirements of the relevant specific empowering provisions must be satisfied in making those parts. 6: A revoked instrument continues to have effect, as if it had not been revoked, in relation to any matter in a period to which the revoked instrument applied. 7: In this section,— instrument section 5 maker specific empowering provisions a: empower the making of the specific instruments; and b: are referred to in the subsection under which the maker applies this section to the specific instruments specific instruments a: have been made (and are to be revoked); or b: are able to be made. Section 303 replaced 1 November 2022 section 18 Fisheries Amendment Act 2022 304: Circulars 1: Regulations under this Act may provide for the promulgation from time to time by the chief executive of circulars specifying general criteria for the drawing up, accomplishment, demonstration, carrying on, or provision for any act, plan, proposal, matter, system, process, or thing. 2: Where a: approved by the chief executive or a fishery officer, it shall be deemed so to have been approved if it is in conformity with general criteria relating to it specified in a circular or circulars b: accomplished, demonstrated, carried on, or provided for to the satisfaction of the chief executive or a fishery officer, it shall be deemed so to have been accomplished, demonstrated, carried on, or provided for if it is in conformity with general criteria relating to it specified in a circular or circulars c: accomplished, demonstrated, carried on, or provided for to an extent that, in the opinion of the chief executive or a fishery officer, meets or tends to meet some particular result, it shall be deemed so to have been accomplished, demonstrated, carried on, or provided for if it is in conformity with general criteria relating to it specified in a circular or circulars 3: The powers of the chief executive or a fishery officer to approve or be satisfied of, or to take any action in relation to (a prerequisite to the taking of which action is that he or she may have a particular opinion about), any act, plan, proposal, matter, system, process, or thing shall not be limited or affected by any matter contained in a circular 1983 No 14 s 92 Section 304(2) amended 9 September 1999 section 68(1)(a) Fisheries Act 1996 Amendment Act 1999 Section 304(2)(a) amended 9 September 1999 section 68(1)(b) Fisheries Act 1996 Amendment Act 1999 Section 304(2)(b) amended 9 September 1999 section 68(1)(b) Fisheries Act 1996 Amendment Act 1999 Section 304(2)(c) amended 9 September 1999 section 68(1)(b) Fisheries Act 1996 Amendment Act 1999 Section 304(3) amended 9 September 1999 section 68(2) Fisheries Act 1996 Amendment Act 1999 305: Application of Commodity Levies Act 1990 Notwithstanding anything in the Commodity Levies Act 1990 a: it shall be sufficient compliance with section 5(2)(ac) section 6(1) or more i: quota shares in respect of the commodity: ii: the landed value of the commodity: iii: the greenweight or meatweight of the commodity: aa: if it is proposed that the levy will be imposed on the basis of 2 or more of the units of measurement in paragraphs (a)(i) to (iii), the Minister may approve the conversion of 1 or more of those units into another unit, being one of the units in paragraph (a)(i) to (iii) or another unit, if— i: the Minister is satisfied that it is reasonable to convert to another unit of measurement; and ii: the Minister is satisfied that the method of conversion is reasonable; and iii: the method of conversion is stated in the ballot paper: b: section 5(2)(af), and (ah) to (ak) i: the quota shares: ii: the value of the commodity: iii: the greenweight or meatweight of the commodity: iv: 1 or more units of measurement in paragraphs (i) to (iii) converted into another unit of measurement under paragraph (aa). c: the enhancement of fisheries resources shall be a purpose for which a levy may be spent under section 10(2) Section 305(a) amended 9 September 1999 section 69 Fisheries Act 1996 Amendment Act 1999 Section 305(aa) inserted 26 May 2001 section 26 Fisheries (Remedial Issues) Amendment Act 2001 Section 305(b) substituted 26 May 2001 section 26 Fisheries (Remedial Issues) Amendment Act 2001 305A: Powers of chief executive when false or misleading information given 1: The chief executive may amend or revoke all or any part of an approval, authority, licence, permission, or permit given under this Act, or a decision made under this Act, or a registration completed under this Act, (the specified action a: the chief executive is satisfied that the specified action was given, made, or completed on the basis of false or misleading information; and b: the false or misleading information was material to the giving, making, or completion of the specified action; and c: the chief executive gives notice in writing of his or her intention to amend or revoke the specified action to the appropriate one of the following: i: the holder of the approval, authority, licence, permission, or permit; or ii: the person in relation to whom the decision was made or the registration was completed; and d: the notice is accompanied by a statement of the chief executive's reasons for the proposed revocation or amendment; and e: the chief executive gives the person to whom the notice is given a reasonable opportunity to make submissions in relation to the proposed revocation or amendment; and f: the chief executive considers any submissions made by that person. 2: An amendment or revocation under subsection (1) is made by giving notice in writing to the appropriate one of the following: a: the holder of the approval, authority, licence, permission, or permit; or b: the person in relation to whom the decision was made or the registration was completed. Section 305A inserted 9 September 1999 section 70 Fisheries Act 1996 Amendment Act 1999 Provisions relating to applications Heading inserted 9 September 1999 section 70 Fisheries Act 1996 Amendment Act 1999 305B: Requirements applying generally to applications and requests under this Act 1: An application or a request made under this Act to the chief executive must comply with the following requirements: a: the application or request must be in the approved form (if any): b: the application or request must be supported by such evidence or information as may be specified in the approved form: c: the prescribed fee or charge (if any) must be paid in respect of the application or request. 2: The chief executive may, but does not have to, accept an application or request if it does not comply with subsection (1). 3: The lodging of an aquaculture agreement for registration under section 186ZH or a pre-request aquaculture agreement for registration under section 186ZM Section 305B inserted 9 September 1999 section 70 Fisheries Act 1996 Amendment Act 1999 Section 305B(3) added 1 January 2005 section 19 Fisheries Amendment Act (No 3) 2004 Section 305B(3) amended 1 October 2011 section 26 Fisheries Amendment Act 2011 305C: Chief executive may require additional information 1: The chief executive may require an applicant or a person who makes a request under this Act to provide such relevant additional information or evidence as the chief executive considers necessary on reasonable grounds to enable the chief executive to consider the applicant's application or request. 2: The chief executive may require any such information or evidence to be given by way of a statutory declaration. Section 305C inserted 9 September 1999 section 70 Fisheries Act 1996 Amendment Act 1999 Provisions relating to notices 306: Giving of notices, etc 1: Except as otherwise specified in this Act, if under this Act any notice or other document is to be given, served on, or furnished to any person, that notice or other document may be— a: given to the person personally; or b: sent by registered post to the person at the person's usual or last known place of business or abode; or c: given personally to any other person authorised to act on behalf of the person; or d: sent by registered post to that other person at that other person's usual or last known place of business or abode; or e: except in the case of any notice or document to be given or served in the course of or for the purpose of any proceedings for an offence against this Act, sent by post to the person, or any other person authorised to act on the person's behalf, at that person's or other person's usual or last known place of business or abode; or f: except in the case of any notice or document to be given or served in the course of or for the purpose of any proceedings for an offence against this Act, sent by electronic transmission to the person, or any other person authorised to act on the person's behalf, at that person's or other person's usual or last known address; and, for the purposes of this paragraph,— i: the term electronic transmission ii: the term address 2: Any notice or other document so sent by post or registered post shall be deemed to have been given, served, or received 7 days after the date on which it was posted, unless the person to whom it was posted proves that, otherwise than through that person's fault, the notice or document was not received. 1983 No 14 s 88A 1990 No 29 s 41 307: Ornamental fish 1: For the purpose of this Act, the chief executive may from time to time, by notice 2: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 307(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 307(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 308: Protection of the Crown, etc 1: No transfer of quota or annual catch entitlement by the chief executive under any of sections 22 23 26 52 67 , 67A , and 347A a: shall be regarded as placing the Crown or any other person in breach of, or default under, any contract or arrangement relating to quota or annual catch entitlements, except to the extent that specific provision to the contrary is made in the relevant contract or other arrangement; or b: shall invalidate any contract or other arrangement in relation to quota or annual catch entitlements, or be regarded as giving rise to a right for any person to terminate or cancel any such contract or other arrangement, except to the extent that specific provision to the contrary is made in the relevant contract or other arrangement; or c: shall be regarded as otherwise making the Crown guilty of a civil wrong. 2: Nothing effected or authorised by— a: any provision of this Act that contains or provides for measures to ensure sustainability (including sustainability measures, conditions on permits, special permits, or licences for the purpose of ensuring sustainability, and the varying of any total allowable commercial catch as a direct consequence of a variation in the corresponding total allowable catch); or b: any provision of this Act that contains or provides for measures relating to the introduction of a stock to the quota management system (including the setting of the total allowable commercial catch and transitional provisions for bringing under this Act any species or classes of fish, aquatic life, or seaweed that were, immediately before the commencement of Part 4 Part 2A ba: any provision of this Act providing or having the effect that catch history ceases to be the basis for quota allocation for any stock or species; or c: any of sections 11 13 14 15 16 19 , 22 23 25 26 29A , 45 47 52 53 54 56 to 58B , 67 67A , 81 82 147 148 163 289 319 320 321 329 338 339 340 347A , 352 362 367 368 369 , 369A , 369B , 369C , 369D , 369E , 369F , and 369T d: any provision of the Fisheries Act 1983 shall be regarded as making the Crown liable to pay compensation or damages to any person. Section 308(1) amended 9 September 1999 section 71(1) Fisheries Act 1996 Amendment Act 1999 Section 308(2)(ba) inserted 1 October 2004 section 57(1) Fisheries Amendment Act (No 3) 2004 Section 308(2)(c) amended 25 August 2005 section 75 Overseas Investment Act 2005 Section 308(2)(c) amended 1 October 2004 section 57(2)(a) Fisheries Amendment Act (No 3) 2004 Section 308(2)(c) amended 1 October 2004 section 57(2)(b) Fisheries Amendment Act (No 3) 2004 Section 308(2)(c) amended 1 October 2004 section 57(2)(c) Fisheries Amendment Act (No 3) 2004 Section 308(2)(c) amended 9 September 1999 section 71(2)(a) Fisheries Act 1996 Amendment Act 1999 Section 308(2)(c) amended 9 September 1999 section 71(2)(b) Fisheries Act 1996 Amendment Act 1999 Section 308(2)(c) amended 9 September 1999 section 71(2)(c) Fisheries Act 1996 Amendment Act 1999 Section 308(2)(c) amended 9 September 1999 section 71(2)(d) Fisheries Act 1996 Amendment Act 1999 309: Power to withhold compensation where amounts owing to Crown 1: Notwithstanding anything in section 28OL Fisheries Act 1983 Part 2A 2: The amount of any compensation payment deferred under subsection (1) shall not exceed the amount so due. 310: Southern scallop enhancement programmes 1: Any person or organisation may develop an enhancement programme for the southern scallop fishery, after consultation with the Minister and such other persons or organisations as the Minister considers to be representative of the classes of persons having an interest in the southern scallop fishery, including Maori, environmental, commercial, and recreational interests. 2: No enhancement programme developed under subsection (1) shall be implemented in the southern scallop fishery, or varied, without the prior written approval of the Minister of Fisheries, which approval may be given subject to such conditions as the Minister may specify, and the payment of such fee (if any) as the Minister may impose for the purpose of approving the enhancement programme, and shall specify the person or organisation who shall be responsible for the implementation of the enhancement programme. 3: Any enhancement programme approved under this section may be reviewed by the Minister and varied, from time to time, with the further approval of the Minister granted under subsection (2). 4: Where the person or organisation responsible for implementation of the enhancement programme fails to implement the approved enhancement programme in accordance with any conditions the Minister has specified in giving his or her approval under subsection (2), or where, in the opinion of the Minister, the enhancement programme, once implemented, fails to enhance the fishery, the Minister may cancel the enhancement programme, in whole or in part, and, upon cancellation in whole, the Minister may recommend the removal of the stock from Schedule 3 section 14 5: Nothing in any enhancement programme prevents the Minister from taking any sustainability measure under Part 3 311: Areas closed to commercial fishing methods 1: The Minister may, where— a: catch rates by recreational fishers for a stock are low; and b: such low catch rates have a significant adverse effect on the ability of recreational fishers to take their allowance for that stock; and c: the low catch rates are due to the effect of commercial fishing for the stock in the area or areas where recreational fishing for the stock commonly occurs; and d: a dispute regarding the matter has been considered under Part 7 after consulting with such persons or organisations as the Minister considers are representative of those classes of persons who have an interest in the matter, recommend the making of regulations under section 297 Maori Fisheries Act 1989 Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 Part 9 2: After determining to recommend the making of regulations under subsection (1), the Minister shall, as soon as practicable, give to the parties consulted in accordance with that subsection reasons in writing for his or her decision. 312: Prohibition on taking southern scallops for sale outside scallop season 1: No person shall take any scallops from the southern scallop fishery, for the purpose of sale, except during the southern scallop season. 2: No person shall take any scallops, for the purpose of sale, from any part of fishery management area 7 that is outside the southern scallop fishery. 3: For the purposes of this Part, the Minister may from time to time, by notice a: specify any southern scallop season before the season commences: b: vary any southern scallop season while it is current. 4: Every person commits an offence and is liable to the penalty set out in section 252(5) 5: A notice under subsection (3) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 312(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 312(4) added 1 October 1998 section 25 Fisheries (Remedial Issues) Amendment Act 1998 Section 312(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 313: Closure of southern scallop fishery 1: If the chief executive is satisfied that, for the purpose of enhancing the southern scallop fishery or ensuring that scallop stocks are harvested efficiently, any part or parts of the fishery ought to be closed to commercial fishing, he or she may from time to time, by notice 2: Every prohibition under subsection (1) shall have effect for the remainder of the southern scallop season to which it applies. 3: Every commercial fisher commits an offence and is liable to the penalty set out in section 252(5) 4: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 313(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 313(3) added 1 October 1998 section 26 Fisheries (Remedial Issues) Amendment Act 1998 Section 313(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 17: Repeals, amendments, validations, savings, and transitional provisions Repeals and amendments 314: Repeals of provisions of Fisheries Act 1983 Section 314 repealed 1 November 2022 section 23 Fisheries Amendment Act 2022 315: Change of name of Fishing Industry Board Act 1963 Section 315 repealed 26 May 2001 section 5(2) Fishing Industry Board Repeal Act 2001 316: Amendments to other enactments 1: The Acts specified in Schedule 12 2: The amendments set out in Part 1 3: The amendments set out in Part 2 4: The remaining parts of Schedule 12 section 1(2) 317: Amendments to Fisheries (Catch Against Quota) Regulations 1993 Section 317 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004 318: Amendments to Fisheries (Cost Recovery Levies) Order 1995 (1)–(4): Amendment(s) incorporated in the order(s). 5: Nothing in this section shall affect the liability of any person to pay the levies imposed by the Fisheries (Cost Recovery Levies) Order 1995 before its revocation. 6: The Fisheries (Cost Recovery Levies) Order 1995 may hereafter be amended as if the amendments effected by this section had been effected by regulation and not by this section. 7: Subsections (1) to (5) shall be deemed to have come into force on 1 December 1995. 319: Amendments to Fisheries (Quota Management Areas, Total Allowable Catches, and Catch Histories) Notice 1986 (1)–(3): Amendment(s) incorporated in the notice(s) 4: Nothing in this section shall be regarded as conferring any new rights in respect of any species or classes of fish, aquatic life, or seaweed. 5: The Fisheries (Quota Management Areas, Total Allowable Catches, and Catch Histories) Notice 1986 320: Amendment to Fisheries (Jack Mackerel Quota Management Areas, Total Allowable Catches, and Catch Histories) Notice (No 2) 1987 1: Amendment(s) incorporated in the notice(s) 2: The Fisheries (Jack Mackerel Quota Management Areas, Total Allowable Catches, and Catch Histories) Notice (No 2) 1987 may hereafter be amended as if the amendments effected by this section had been effected by notice and not by this section. 321: Amendment to Fisheries (Squid Quota Management Areas, Total Allowable Catches, and Catch Histories) Notice 1987 1: Amendment(s) incorporated in the notice(s) 2: The Fisheries (Squid Quota Management Areas, Total Allowable Catches, and Catch Histories) Notice 1987 Savings and transitional provisions 322: Relationship between offence provisions of Fisheries Act 1983 and this Act 1: If there is any inconsistency between any provision of the Fisheries Act 1983 Territorial Sea , Contiguous Zone, 2: Until the repeal of sections 76 to 80 sections 81 to 83 section 95 a: continue to apply; and b: apply in relation to the enforcement and administration of the provisions of this Act as if the provisions of this Act were provisions of the Fisheries Act 1983 3: On the commencement of Part 11 Fisheries Act 1983 4: Without limiting anything in the Interpretation Act 1999 Fisheries Act 1983 section 314 section 252 5: On the commencement of section 252 sections 254 256 Fisheries Act 1983 6: For the purposes of subsection (5), section 256 section 107B Section 322(1) amended 1 August 1996 Territorial Sea and Exclusive Economic Zone Amendment Act 1996 Section 322(4) amended 1 November 1999 section 38(1) Interpretation Act 1999 323: Savings relating to regulations, etc All regulations made under section 89 section 297 Fisheries Act 1983 324: Savings relating to rock lobster regulations The Fisheries (Rock Lobster Total Allowable Commercial Catch) Order 1996 (SR 1996/23) shall, until amended or revoked, continue in force and apply as if it were a valid notice made under section 28OB section 20 Fisheries (Rock Lobster Total Allowable Commercial Catch) Order 1996 325: Savings related to fish farming regulations All regulations made under section 91 section 301 Fisheries Act 1983 326: Savings related to territorial sea and exclusive economic zone All regulations made under section 22 , Contiguous Zone, section 299 Section 326 amended 1 August 1996 Territorial Sea and Exclusive Economic Zone Amendment Act 1996 327: Savings related to commodity levy orders On the date of commencement of section 305 Commodity Levies Act 1990 section 107EH 328: Savings relating to licences, approvals, and authorisations Every licence, permit, approval, authority, notice, certificate, circular, direction, instrument, or other thing that— a: was issued, granted, given, or otherwise made under any provision of the Fisheries Act 1983 b: had effect or purported to have effect immediately before the commencement of this section— shall be deemed to be valid and to have been issued, granted, given, or otherwise made under the corresponding provision of this Act or of regulations made under this Act. 329: Validation of certain decisions relating to permits 1: Every decision and every purported decision of the Director-General of Agriculture and Fisheries— a: made in respect of the issue, variation, refusal, revocation, or cancellation of any fishing permit under section 63 section 64 b: made before 1 October 1992— is hereby declared to be and always to have been valid. 2: Every decision and every purported decision of the chief executive (whether made by the chief executive or the Director-General of Agriculture and Fisheries)— a: made in respect of the issue, variation, refusal, revocation, or cancellation of any fishing permit under section 63 section 64 b: made on or after 1 October 1992 but before the commencement of this section— is hereby declared to be and always to have been valid. 3: Subsection (1) does not apply to a decision or purported decision referred to in that subsection if the decision or purported decision is being challenged in or is otherwise subject to any court proceedings commenced before the date of commencement of this section. 4: Subsection (2) does not apply to a decision or purported decision referred to in that subsection if— a: the decision or purported decision is being challenged in or is otherwise subject to any court proceedings commenced before the date of commencement of this section; or b: the applicant for the permit which was the subject of a decision or purported decision referred to in that subsection— i: has, before the commencement of this section, lodged with the chief executive; or ii: within 12 months after the commencement of this section, lodges with the chief executive— a notice requesting the chief executive to review that decision or purported decision. 5: Notwithstanding anything in section 93 section 63(13) section 64(1)(c) section 97(1)(c) a: the chief executive may from time to time, but is not obliged to, issue to the person an appropriate fishing permit in place of the special permit: b: upon the commencement of a fishing permit issued to any person under this subsection, the special permit held by that person shall be deemed to be revoked. 330: Certain fishing restrictions may affect quota management areas A provision of any regulation made under this Act, or of any notice made under section 15 section 16 section 186 section 28B(5) 331: Savings relating to fishery officers, examiners, and observers 1: Every person who, immediately before the commencement of section 196 Public Service Act 2020 section 76(1) Public Service Act 2020 2: Every person who, immediately before the commencement of section 197 section 77 3: Every person who, immediately before the commencement of section 222 section 67B 4: Every person who, immediately before the commencement of section 223 section 67D Section 331(1) amended 7 August 2020 section 135 Public Service Act 2020 332: Transitional provisions relating to registration of vessels where consent required under section 57(8) of Fisheries Act 1983 Section 332 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004 333: Cancellation of registration to which section 332 applies Section 333 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004 333A: Transitional provisions relating to foreign ownership Section 333A repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004 334: Conversion of transferable term quota (rock lobster) Section 334 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004 335: Savings relating to quota appeals Section 335 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004 336: Savings relating to quota appeals after commencement of section 66 Section 336 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004 337: Transitional provisions relating to decisions of Catch History Review Committee Section 337 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004 338: Transitional fishing year for packhorse rock lobster Section 338 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017 339: Transitional provisions relating to monthly and opening balances Section 339 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004 340: Transitional provisions relating to allocation of annual catch entitlement Section 340 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004 340AA: Exceptions to minimum holdings of annual catch entitlement for certain paua stocks Section 340AA repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004 340A: Transitional provisions relating to underfishing Section 340A repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004 341: Confirmation of quota 1: On or before the commencement of Part 8 a: each quota holder of all the details shown in respect of the holder in any register kept under section 28P b: every person who has been allocated guaranteed minimum individual transferable quota or guaranteed minimum transferable term quota under the Fisheries Act 1983 c: the persons referred to in paragraph (a) or paragraph (b), of their right to apply to the chief executive, before a date specified by the chief executive in the notice for the purpose, for a review of the details notified to that person under that paragraph. 2: Where a person applies to the chief executive for a review of the details notified to that person under subsection (1), in accordance with the notice referred to in paragraph (c) of that subsection, the chief executive shall review those details as soon as reasonably practicable and confirm or modify the details. 3: If a person has been notified under subsection (1) of details referred to in that section, but does not seek a review of those details before the close of the date specified in the notice for the purposes of the review, the details notified to the person shall, as from the date specified in the notice under subsection (1)(a), be deemed to be correct. 4: For the purposes of subsection (1), the chief executive may notify details to the same person on 1 or more occasions and may state details as shown on the relevant register at different dates, but,— a: if those details are deemed under subsection (3) to be correct; or b: if the person applies for a review of those details in accordance with this section and the chief executive confirms those details,— then the details which formed the subject of the relevant notification under subsection (1)— c: shall not be reviewed under that subsection to the extent that the details relate to any period before the date specified in the notice under subsection (1)(a); and d: shall not be the subject of any review under the Fisheries (Catch Against Quota) Regulations 1993. 5: On and from a date to be notified by the chief executive by notice in the Gazette a: any notifications of the transfer or lease of quota (other than a lease of quota for the purposes of section 28ZF section 28ZG section 105A(2) b: documents relating to such transactions or leases. 5A: The chief executive must also refuse to receive for registration (whether before or after the date notified under subsection (5)) any notification of the transfer or lease of quota, and any related document, if the transfer, or lease, or related document is expressed to take effect on or after 1 October in the year in which Part 8 6: After the date notified in the Gazette section 28P a: giving effect to any decision under subsection (2) relating to any detail referred to in subsection (1)(a); or b: giving effect to any translation of guaranteed maximum individual transferable quota or guaranteed maximum transferable term quota into individual transferable quota under section 342 c: registering any transaction received by the chief executive before the date notified in the Gazette 7: Notwithstanding anything in this section, if in any year, on or after a date to be notified by the chief executive by notice in the Gazette section 133 8: No notice referred to in subsection (7) shall be made before the date of the making of the Order in Council bringing section 66 9: Notwithstanding anything in the Fisheries Act 1983 Gazette Section 341(5A) inserted 26 May 2001 section 31 Fisheries (Remedial Issues) Amendment Act 2001 342: Guaranteed minimum individual transferable quota Section 342 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004 343: Conversion of holdings from old register to new register Section 343 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004 344: Savings relating to balancing Section 344 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004 345: Transitional Register 1: For the purposes of this Part, notwithstanding the repeal of Part 2A section 314 section 28P a: transfers of individual transferable quota that take effect on or after 1 October in the year in which Part 8 Gazette section 341(5) b: every lease of individual transferable quota that begins or ends on or after that 1 October in the year in which Part 8 Gazette section 341(5) 2: The register established under section 28P 3: Any party to any lease recorded in the Transitional Register of Leases and Forward Transfers of Quota may, with the consent of the other parties to that lease, reduce the term of that lease. 4: A lease recorded in the Transitional Register, or any rights, interests, or obligations in respect of that lease, cannot be assigned. 5: A reduction of term under subsection (3) has no effect until it is registered by the chief executive on the Transitional Register. 6: A reduction of term under subsection (3) must not be registered on the Transitional Register unless a party to the lease applies in the approved form (if any) to the chief executive and the application is accompanied by the prescribed fee (if any). 7: In the case of any transfer or lease registered on the Transitional Register,— a: if the total allowable commercial catch for the stock concerned is reduced under section 20 b: no transferee or lessee of the individual transferable quota for the stock that is subject to the transfer or lease is entitled to any additional individual transferable quota or annual catch entitlements under this Act merely because the total allowable commercial catch for that stock has been increased under section 20 7A: A transfer or lease registered on the Transitional Register is cancelled if— a: the total allowable commercial catch for the stock concerned is reduced to zero under section 20 b: the quota for the stock concerned is cancelled because of an alteration of a quota management area under section 25 7B: The chief executive must notify the parties to a transfer or lease registered on the Transitional Register if the lease or transfer is cancelled under this Part. 8: If— a: any determination of an appeal under section 336 b: that person has entered into any lease or any other arrangement in relation to quota that is recorded on the Transitional Register whereby any other person is or may become entitled to acquire from that person any amount of quota shares under section 348 section 347 the amount of quota or annual catch entitlement which that other person is entitled to acquire, as recorded on that register, shall be reduced in the same proportion that the deduction of quota shares of the holder of the quota bears to the total quota shares of the holder immediately before the deduction. 8A: The amount of quota or annual catch entitlement to which a lease or other arrangement relates must be reduced in the same proportion as the reduction in the quota holder's quota bears to the total quota shares of the holder immediately before the reduction. 8B: Subsection (8A) applies if— a: a quota holder's quota is reduced under section 52 b: that person has entered into a lease or other arrangement recorded on the Transitional Register in relation to that quota; and c: by virtue of that lease or other arrangement, another person is, or may become, entitled to acquire an amount of quota shares outright under section 348 section 347 9: For the purposes of this section, the term lease Section 345(4) substituted 1 October 2001 section 33(1) Fisheries (Remedial Issues) Amendment Act 2001 Section 345(5) substituted 1 October 2001 section 33(2) Fisheries (Remedial Issues) Amendment Act 2001 Section 345(6) substituted 1 October 2001 section 33(2) Fisheries (Remedial Issues) Amendment Act 2001 Section 345(7A) inserted 1 October 2001 section 33(3) Fisheries (Remedial Issues) Amendment Act 2001 Section 345(7B) inserted 1 October 2001 section 33(3) Fisheries (Remedial Issues) Amendment Act 2001 Section 345(8A) inserted 1 October 2001 section 33(4) Fisheries (Remedial Issues) Amendment Act 2001 Section 345(8B) inserted 1 October 2001 section 33(4) Fisheries (Remedial Issues) Amendment Act 2001 346: Provisions relating to registration of caveats in respect of leases Section 346 repealed 26 May 2001 section 34 Fisheries (Remedial Issues) Amendment Act 2001 347: Provisions relating to registration of leases 1: If any lease recorded in the Transitional Register of Leases and Forward Transfers of Quota under this Act has a commencement date that is on or after the commencement of Part 8 a: on the commencement date of the lease, an amount of annual catch entitlement equivalent to the amount of the individual transferable quota for the stock that is subject to the lease as recorded in the Transitional Register; and b: if the lease is still in force, on the first day of the fishing year following the fishing year in which the lease commenced, and on the first day of every subsequent fishing year while the lease remains in force, an amount of annual catch entitlement equivalent to the amount of the individual transferable quota for the stock that is subject to the lease as recorded in the Transitional Register. 2: If any lease recorded in the Transitional Register under this Act— a: has a commencement date that is before 1 October in the year in which Part 8 b: has a termination date that is on or after that 1 October,— the chief executive shall direct the Registrar of Annual Catch Entitlement to transfer, subject to section 67 c: on that 1 October, an amount of annual catch entitlement equivalent to the amount of the individual transferable quota that is subject to the lease (as recorded in the Transitional Register); and d: if the lease is still in force, on the first day of the fishing year following that 1 October, and on the first day of every subsequent fishing year while the lease remains in force, an amount of annual catch entitlement equivalent to the amount of the individual transferable quota that is subject to the lease (as recorded in the Transitional Register). 3: The chief executive must cancel registration of the lease and any sublease and not transfer any annual catch entitlement if— a: the lessor does not own an amount of annual catch entitlement equal to, or in excess of, the amount of quota that is subject to the lease or sublease (as recorded in the Transitional Register); or b: a caveat is registered over an amount of the lessor's annual catch entitlement preventing the transfer of an amount of annual catch entitlement equal to, or in excess of, the amount of quota that is subject to the lease or sublease (as recorded in the Transitional Register). 4: If a lease registered on the Transitional Register under section 345 subsection (1) or subsection (2) 5: A transfer of annual catch entitlement under this section must be actioned in the order specified in regulations made under section 297(1)(sa) 6: Section 347(3) substituted 1 October 2001 section 35(1) Fisheries (Remedial Issues) Amendment Act 2001 Section 347(4) amended 1 October 2001 section 35(2) Fisheries (Remedial Issues) Amendment Act 2001 Section 347(5) substituted 1 October 2001 section 35(3) Fisheries (Remedial Issues) Amendment Act 2001 Section 347(6) repealed 1 October 2001 section 35(3) Fisheries (Remedial Issues) Amendment Act 2001 347A: Provisions relating to transfer of annual catch entitlement under leases in first fishing year Section 347A repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004 348: Provisions relating to the registration of forward transfers of quota 1: All forward transfers of quota recorded on the Transitional Register of Leases and Forward Transfers of Quota shall, for the purposes of section 132 section 158 section 28Q chief executive 2: If the forward transfer of quota is intended to take effect at the beginning of a fishing year, the chief executive section 64 3: If insufficient unsecured quota for the relevant stock is available to cover the forward transfer, or the application fails to comply with section 132 4: For the purposes of this section, the number of quota shares to be transferred under this section shall be calculated in accordance with the following formula: (a ÷ b) × 100 000 000 = c where— a is the amount of individual transferable quota (expressed in kilogrammes) for the stock subject to the transfer (as shown in the Transitional Register); and b is the total allowable commercial catch for the stock (expressed in kilogrammes); and c is the number of quota shares for the stock that are the subject of the transfer. Section 348(1) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 Section 348(2) amended 9 September 1999 section 90(2) Fisheries Act 1996 Amendment Act 1999 349: Provisions relating to caveats, etc, over converted quota Section 349 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004 350: Transitional period for registration of mortgages Section 350 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004 351: Special provisions relating to stocks with a fishing year beginning on 1 April Section 351 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004 352: Existing agreements to fish against another person's quota Section 352 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004 353: Statutory debts under Fisheries Act 1983 Notwithstanding the repeal of any provision of the Fisheries Act 1983 section 314 354: Regulations in respect of transitional provisions Section 354 repealed 2 October 2002 section 355 355: Expiry of section 354 Section 355 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004 356: Dispute resolution Section 356 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004 357: Provision relating to minimum quota holdings 1: Every person who, immediately before the repeal of section 28S section 314 Fisheries Act 1983 section 74 2: Every person who— a: immediately before the repeal of section 28S section 314 b: at the beginning of the fishing year in which this section comes into force is allocated, or has transferred to them under section 347 section 347A Schedule 8 section 74(1) is subject to section 74 section 28S 3: Where a lease was the basis for a person's allocation of annual catch entitlement for any stock referred to in subsection (2)(b), whether in whole or in part, subsection (2) ceases to apply in respect of that person and that stock when the lease expires or otherwise ends. 4: This section is subject to section 340AA Section 357(2) added 1 October 2001 section 31 Fisheries Amendment Act 2001 Section 357(3) added 1 October 2001 section 31 Fisheries Amendment Act 2001 Section 357(4) added 1 October 2001 section 31 Fisheries Amendment Act 2001 358: Provisions relating to permissions granted to overseas quota owners under section 28Z of Fisheries Act 1983 Section 358 repealed 25 August 2005 section 75 Overseas Investment Act 2005 358A: Transitional provisions relating to sections 56 to 58 and 62 Section 358A repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004 359: Provision relating to aggregation limit consents granted under section 28W of Fisheries Act 1983 Every consent granted under section 28W(3) section 60(1) 360: Provisions relating to taiapure-local fisheries 1: Every taiapure-local fishery established under Part 3A Part 9 2: Every proposal for, notice of, or inquiry into, any taiapure-local fishery that was commenced under Part 3A Part 9 361: Transitional offences and penalties Section 361 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004 362: Allocation of quota for bait Section 362 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004 363: Allocation of quota 1: Subject to this Act, sections 30 31 32 33 34 35 36 37 39 40 41 44 45 46 47 48 49 50A to 50G , 51 52 53 54 55 sections 283 to 296 Gazette section 28B Part 2A 2: For the purposes of this section,— a: any reference in the sections referred to in subsection (1) to a notice made under section 18 section 28B b: c: any reference in the sections referred to in subsection (1) to quota shares shall be read as referring to individual transferable quota, provisional individual transferable quota, or both, as the case may be: d: any reference in the sections referred to in subsection (1) to the Registrar of Quota shall be read as a reference to the chief executive, and every reference to the Register of Quota shall be read as a reference to the registers maintained under section 28P Part 8 e: the references in sections 35(6) 39(2) f: the reference in section 44(1) fa: the reference in section 44(3)(a) g: the reference in section 46 Part 14 Fisheries Act 1983 section 28ZD Part 4 h: section 47(1)(a) the number of shares the quota weight equivalent of an amount of individual transferable quota i: section 47(1)(b) the number of shares that bears the same proportion to the 80 000 000 shares of quota an amount of individual transferable quota that bears the same proportion to the 80% of the total allowable commercial catch j: section 50B(2)(b)(i) the number of shares the quota weight equivalent of an amount of quota k: the reference in section 50B(2)(b)(ii) l: the reference in section 50D(2)(a) m: the reference in section 50D(2)(b) n: the references in sections 50E 50F(1) o: the reference in section 50F(2) p: the reference in section 50G q: section 53(3)(a) the number of shares the quota weight equivalent of an amount of quota r: the reference in section 53(3)(b) s: the reference in paragraph (a) of the definition of encumbered in section 2(1) i: to forfeiture under this Act must be read as if it were a reference to forfeiture under section 107B ii: to the period of 35 working days referred to in section 62(3) section 256(3) section 107C 3: The chief executive shall not notify any person of the matters specified in paragraphs (c) and (d) of section 48(1) 4: Despite section 53(1) section 52 a: calculate the percentage of the total allowable commercial catch the person would have received under section 47 b: allocate the quota weight equivalent of the percentage calculated under paragraph (a) based on the total allowable commercial catch notified for that stock at the close of the last day of the fishing year in which section 52 Section 363(1) amended 1 October 2004 section 58 Fisheries Amendment Act (No 3) 2004 Section 363(1) amended 1 July 2000 section 14(1) Fisheries Amendment Act 2000 Section 363(2)(b) repealed 1 October 1999 section 31(3) Fisheries Amendment Act 2000 Section 363(2)(fa) inserted 1 July 2000 section 14(2) Fisheries Amendment Act 2000 Section 363(2)(j) added 1 July 2000 section 14(3) Fisheries Amendment Act 2000 Section 363(2)(k) added 1 July 2000 section 14(3) Fisheries Amendment Act 2000 Section 363(2)(l) added 1 July 2000 section 14(3) Fisheries Amendment Act 2000 Section 363(2)(m) added 1 July 2000 section 14(3) Fisheries Amendment Act 2000 Section 363(2)(n) added 1 July 2000 section 14(3) Fisheries Amendment Act 2000 Section 363(2)(o) added 1 July 2000 section 14(3) Fisheries Amendment Act 2000 Section 363(2)(p) added 1 July 2000 section 14(3) Fisheries Amendment Act 2000 Section 363(2)(q) added 1 July 2000 section 14(3) Fisheries Amendment Act 2000 Section 363(2)(r) added 1 July 2000 section 14(3) Fisheries Amendment Act 2000 Section 363(2)(s) added 1 July 2000 section 14(3) Fisheries Amendment Act 2000 Section 363(4) added 29 September 2000 section 32 Fisheries Act 1996 Amendment Act (No 2) 1999 364: Further provisions relating to allocation of quota 1: Any provisional individual transferable quota allocated under this Act while Part 2A 2: The provisions of sections 28S 28W 28Z section 47 section 363 section 28O 2A: On and from 30 September 1999, the provisions of sections 28S 28W sections 52 53 sections 28OD 28OE 3: Section 28V section 47 section 363 3A: Despite subsection (3), section 28V 4: The reference to fishery management area section 28B(3) Schedule 1 5: If the holder of any individual transferable quota that is subject to a reduction under section 52 a: the right to take fish conferred on that person by that quota is reduced proportionately to the reduction in the quota of the holder of the quota; and b: any right to take fish conferred on any person under any sublease of the quota is reduced proportionately to the reduction in the quota of the person granting the sublease. 6: If the holder of any quota that is reduced under section 52 7: The provisions of section 28OD(6), (7), and (8) section 28OB section 28OC Section 364(2A) inserted 29 September 2000 section 33 Fisheries Act 1996 Amendment Act (No 2) 1999 Section 364(3A) inserted 9 September 1999 section 80 Fisheries Act 1996 Amendment Act 1999 Section 364(5) added 1 July 2000 section 15 Fisheries Amendment Act 2000 Section 364(6) added 1 July 2000 section 15 Fisheries Amendment Act 2000 Section 364(7) added 1 July 2000 section 15 Fisheries Amendment Act 2000 365: Cost recovery Section 365 repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004 366: Southern scallop enhancement programme 1: Any enhancement programme determined by the Minister and having effect under section 28ZZE section 310 section 28ZZE 2: The enhancement programme referred to in subsection (1) may hereafter be varied in accordance with section 310 Section 366(1) amended 23 June 1998 section 31 Fisheries (Remedial Issues) Amendment Act 1998 367: Allocation of jack mackerel quota 1: Each person named in the first column of Part 1 2: Each person named in the first column of Part 2 3: The allocations referred to in subsection (1) relate to a quota management area comprising the areas described as fishery management areas 1 and 2 in Part 1 4: The allocations referred to in subsection (2) relate to a quota management area comprising the areas described as fishery management areas 3, 4, 5, and 6 in Part 1 5: Notwithstanding the Fisheries (Jack Mackerel Quota Management Areas, Total Allowable Catches, and Catch Histories) Notice (No 2) 1987 368: Allocation of Nelson-Marlborough dredge oyster quota 1: On the commencement of this section, Nelson-Marlborough dredge oysters shall become subject to the quota management system under Part 2A 2: Each person named in the first column of Part 3 3: The initial total allowable commercial catch for Nelson-Marlborough dredge oysters shall be 505 tonnes. 4: For the avoidance of doubt, the initial total allowable commercial catch referred to in subsection (3) may be altered from time to time under section 20 section 28OB 5: No person shall take any Nelson-Marlborough dredge oysters for the purpose of sale except during the Nelson-Marlborough dredge oyster season. 6: The Minister may, by notice a: specify any Nelson-Marlborough dredge oyster season before the season commences; and b: extend or shorten any Nelson-Marlborough dredge oyster season while it is current. 7: A notice under subsection (6) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 368(6) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 368(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 368A: Foveaux Strait dredge oyster fishery subject to quota system 1: On 1 April 1998, Foveaux Strait dredge oysters become subject to the quota management system under Part 2A 2: Each person named in the first column of Part 5 3: The initial total allowable catch for the Foveaux Strait dredge oyster fishery is 26 000 000 oysters. 4: The initial total allowable commercial catch for the fishery is 14 950 000 oysters. 5: The Minister may, by notice a: specify any Foveaux Strait dredge oyster season before the season commences: b: extend or shorten any Foveaux Strait dredge oyster season while it is current. 6: Notwithstanding anything in section 13 section 20 section 28OB a: the Minister may, at any time after the commencement of a fishing year but before the commencement of the Foveaux Strait dredge oyster season in that year, increase b: where the Minister does so, the increased 7: The fishing year ending immediately before 1 October 1998 is deemed to be the period 1 April 1998 to 30 September 1998 (both dates inclusive). 8: The Minister may, by notice 9: Every person commits an offence and is liable to the penalty set out in section 252(5) a: takes any Foveaux Strait dredge oyster at any time other than during the Foveaux Strait dredge oyster season; or b: takes any Foveaux Strait dredge oyster from any prohibited area specified in a notice under subsection (8). 10: For the purposes of the application of this Act in relation to the Foveaux Strait dredge oyster fishery,— a: the references to kilogrammes in this Act must be read as references to oyster numbers; and b: the references to greenweight or meatweight in section 305(a)(iii) 11: Notwithstanding anything in this Act or in any regulations made under this Act or under the Fisheries Act 1983 section 188(5) section 3A(6) 12: In this section the term Foveaux Strait dredge oyster season 13: The following are secondary legislation ( see Part 3 a: a notice under subsection (5) or (8): b: a notice under subsection (11), unless it applies only to 1 or more named persons. 14: If a notice under subsection (11) is not secondary legislation, the chief executive must give the notice to the persons to whom it applies. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (13). Legislation Act 2019 requirements for secondary legislation referred to in subsection (13) Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 368A inserted 1 April 1998 section 10 Fisheries (Foveaux Strait Dredge Oyster Fishery) Amendment Act 1998 Section 368A(5) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 368A(6)(a) amended 26 May 2001 section 40(1) Fisheries (Remedial Issues) Amendment Act 2001 Section 368A(6)(b) amended 26 May 2001 section 40(2) Fisheries (Remedial Issues) Amendment Act 2001 Section 368A(8) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 368A(10) substituted 9 September 1999 section 82 Fisheries Act 1996 Amendment Act 1999 Section 368A(11) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 368A(13) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 368A(14) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 369: Allocation of Northland scallop quota 1: On the commencement of this section, Northland scallops shall become subject to the quota management system under Part 2A 2: Each person named in the first column of Part 4 3: The initial total allowable commercial catch for Northland scallops shall be 188.561 tonnes. 4: For the avoidance of doubt, the initial total allowable commercial catch referred to in subsection (3) may be altered from time to time under section 20 section 28OB 5: No person shall take any Northland scallops for the purpose of sale except during the Northland scallop fishery season. 6: The Minister may, by notice a: specify any Northland scallop fishery season before the season commences; and b: extend or shorten any Northland scallop fishery season while it is current. 7: Every person commits an offence and is liable to the penalty specified in section 252(5) 8: A notice under subsection (6) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 369(6) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 369(7) added 23 June 1998 section 32 Fisheries (Remedial Issues) Amendment Act 1998 Section 369(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 369A: Pale ghost shark subject to quota management system 1: On 1 October 1999, pale ghost shark becomes subject to the quota management system under Part 2A 2: Each person named in column 1 of Part 6 Part 1 3: Each person named in column 1 of Part 7 Part 1 4: Each person named in column 1 of Part 8 Part 1 5: Despite any other enactment, no person is entitled to be allocated individual transferable quota for pale ghost shark unless the allocation is authorised by this section. Section 369A inserted 9 September 1999 section 83 Fisheries Act 1996 Amendment Act 1999 369B: Southern blue whiting subject to quota management system 1: On 1 November 1999, southern blue whiting in fishery management area 6 becomes subject to the quota management system under Part 2A 2: Amendment(s) incorporated in the regulation(s) Section 369B inserted 9 September 1999 section 83 Fisheries Act 1996 Amendment Act 1999 369C: Allocation of quota for southern blue whiting in quota management areas SBW6A, SBW6B, SBW6I, and SBW6R 1: Each person named in column 1 of Part 9 2: Each person named in column 1 of Part 10 3: Each person named in column 1 of Part 11 4: Each person named in column 1 of Part 12 5: Despite any other enactment, no person is entitled to be allocated individual transferable quota for southern blue whiting in any of quota management areas SBW6A, SBW6B, SBW6I, and SBW6R unless the allocation is authorised by this section. Section 369C inserted 9 September 1999 section 83 Fisheries Act 1996 Amendment Act 1999 369D: Allocation of quota for southern blue whiting in quota management area SBW1 1: On 1 November 1999, all provisional catch history allocated before that date in respect of southern blue whiting in any of fishery management areas 1, 2, 3, 4, 5, 7, 8, 9, and 10 becomes provisional catch history for southern blue whiting in quota management area SBW1. 2: This section does not create a right to appeal under section 51(1) 3: Subsection (2) is for the avoidance of doubt. Section 369D inserted 9 September 1999 section 83 Fisheries Act 1996 Amendment Act 1999 369E: Southern blue whiting taken from 1 April 1999 to 31 October 1999 If a commercial fisher has quota allocated to the fisher under section 369C a: sections 28ZA 28ZD 28ZF b: the Fisheries (Catch Against Quota) Regulations 1993. Section 369E inserted 9 September 1999 section 83 Fisheries Act 1996 Amendment Act 1999 369F: Initial total allowable commercial catch and total allowable catch for southern blue whiting in quota management areas SBW6A, SBW6B, SBW6I, and SBW6R 1: The initial total allowable commercial catch and total allowable catch, respectively, for southern blue whiting in quota management area SBW6A are each 1 640 tonnes. 2: The initial total allowable commercial catch and total allowable catch, respectively, for southern blue whiting in quota management area SBW6B are each 15 400 tonnes. 3: The initial total allowable commercial catch and total allowable catch, respectively, for southern blue whiting in quota management area SBW6I are each 35 460 tonnes. 4: The initial total allowable commercial catch and total allowable catch, respectively, for southern blue whiting in quota management area SBW6R are each 5 500 tonnes. 5: The following provisions are for the avoidance of doubt: a: any initial total allowable commercial catch referred to in this section may be altered from time to time under section 20 section 28OB b: any initial total allowable catch referred to in this section may be altered from time to time under section 13 Section 369F inserted 9 September 1999 section 83 Fisheries Act 1996 Amendment Act 1999 369G: Transitional provision relating to Chatham Islands fishers Section 369G expired 1 October 2003 section 369H 369H: Expiry of section 369G Section 369H repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004 369I: South Island freshwater eel subject to quota management system 1: On 1 October 2000, freshwater eel in quota management areas ANG11 to ANG16 becomes subject to the quota management system under Part 2A 2: Quota for freshwater eel in those quota management areas must be allocated in accordance with Part 2 3: Subject to Part 2 Part 4 sections 30 to 55 Gazette section 18 4: The fishing year for freshwater eel in those quota management areas is the year commencing on 1 October and ending with 30 September. 5: The total allowable commercial catch and annual catch entitlements for freshwater eel in those quota management areas are to be expressed in greenweight. Section 369I inserted 1 July 2000 section 16 Fisheries Amendment Act 2000 369J: Transitional provision relating to increase of total allowable catch for freshwater eel Section 369J expired 1 October 2001 section 369K 369K: Expiry of section 369J Section 369K repealed 1 October 2004 section 60 Fisheries Amendment Act (No 3) 2004 369L: Change to fishing year for ANG13 1: Despite section 369I(4) 2: No order under subsection (1) may— a: provide for the proposed new fishing year to start before 1 February 2002; or b: be made during the period of 4 months immediately preceding the start of the proposed new fishing year. 3: An order under this section is secondary legislation ( see Part 3 3: The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 369L inserted 1 July 2000 section 16 Fisheries Amendment Act 2000 Section 369L(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 369L(3) expired 1 February 2007 section 369M 369M: Expiry of section 369L(3) Section 369L(3) Section 369M inserted 1 July 2000 section 16 Fisheries Amendment Act 2000 Introduction of scampi into quota management system Heading inserted 13 August 2004 section 5 Fisheries Amendment Act (No 2) 2004 369N: Scampi subject to quota management system 1: On 1 October 2004 scampi in quota management areas SCI1, SCI2, SCI3, SCI4A, SCI5, SCI6A, SCI6B, SCI7, SCI8, SCI9, and SCI10 become subject to the quota management system under Part 4 2: In this section and sections 369O to 369R a: the references to quota management areas SCI1, SCI2, SCI5, SCI7, SCI8, SCI9, and SCI10 are references to the fishery management areas described by reference to the same numbers in Schedule 1 b: the references to SCI3, SCI4A, SCI6A, and SCI6B are references to the scampi quota management areas described by reference to those numbers in Schedule 13 3: The fishing year for scampi is the 12-month period commencing on 1 October. 4: The total allowable commercial catch and annual catch entitlement for scampi in the quota management areas referred to in subsection (1) are to be expressed in greenweight. Section 369N inserted 13 August 2004 section 5 Fisheries Amendment Act (No 2) 2004 369O: Allocation of provisional catch history 1: Each person named in column 1 of Part 1 2: Each person named in column 1 of Part 2 3: Each person named in column 1 of Part 3 4: Each person named in column 1 of Part 4 5: Each person named in column 1 of Part 5 6: Each person named in column 1 of Part 6 7: Each person named in column 1 of Part 7 Section 369O inserted 13 August 2004 section 5 Fisheries Amendment Act (No 2) 2004 369P: Notification of fishers allocated provisional catch history 1: As soon as practicable after the date on which the Fisheries Amendment Act (No 2) 2004 Schedule 14 a: the amount of provisional catch history allocated to the person under section 369O b: the person's right to appeal under section 51(1) section 369R(4) c: the requirement that any appeal to the Catch History Review Committee must be lodged not later than the date specified for that purpose in the notification. 2: The date referred to in subsection (1)(c) and specified in the notification must be not less than 20 working days after the date of the notification. Section 369P inserted 13 August 2004 section 5 Fisheries Amendment Act (No 2) 2004 369Q: Public notification of provisional catch history allocation 1: As soon as practicable after the date on which the Fisheries Amendment Act (No 2) 2004 a: that provisional catch history for scampi has been allocated under section 369O b: that a person may appeal to the Catch History Review Committee under section 51(1) section 369R(4) i: has not been allocated provisional catch history for scampi; and ii: believes that he or she is or will be entitled to receive provisional catch history on the grounds specified in that section or is entitled to receive quota for scampi; and c: that the appeal must be lodged no later than the date specified for that purpose in the notification. 2: The date referred to in subsection (1)(c) and specified in the notification must be not less than 20 working days after the date of the notification. Section 369Q inserted 13 August 2004 section 5 Fisheries Amendment Act (No 2) 2004 369R: Application of certain provisions to scampi 1: Sections 36 37 20 working days 10 working days 2: Sections 42 to 44 46 to 49 51 to 53 54(1)(a), (2), and (3) 55 283 to 293 3: Section 45 section 369N(1) Gazette section 18 4: For the purposes of subsection (2), section 51 1: Any person, including the chief executive, may, subject to subsection (3) and on or before the date specified in the notification referred to in section 369P(1)(c) or section 396Q(1)(c) appeal to the Catch History Review Committee against the allocation of provisional catch history under section 369O on the ground that the information used to calculate the provisional catch history— a: was incorrectly recorded by the chief executive; or b: excluded scampi that were lawfully taken and lawfully reported as landed or otherwise lawfully disposed of in eligible returns from the person's eligible catch during the period commencing with 1 October 1990 and ending with 30 September 1992. 5: For the purposes of this section,— a: eligible catch section 34(2) i: the provisional catch history for scampi allocated under section 369O section 34(1)(c) ii: the applicable qualifying years were the period commencing with 1 October 1990 and ending with 30 September 1992; and b: eligible return section 32(2) Section 369R inserted 13 August 2004 section 5 Fisheries Amendment Act (No 2) 2004 Introduction of green-lipped mussel in quota management area 9 into quota management system Heading inserted 6 September 2004 section 59(1) Fisheries Amendment Act (No 3) 2004 369S: Green-lipped mussel in quota management area 9 subject to quota management system 1: On 1 October 2004 green-lipped mussel in quota management area 9 become subject to the quota management system under Part 4 2: The fishing year for green-lipped mussel in quota management area 9 is the 12-month period commencing on 1 October. 3: The total allowable commercial catch and annual catch entitlement for green-lipped mussel in quota management area 9 are to be expressed in greenweight. 4: In this section, the reference to quota management area 9 is a reference to the fishery management area 9 described in Part 1 5: Each person named in the first column of Schedule 15 Section 369S inserted 6 September 2004 section 59(1) Fisheries Amendment Act (No 3) 2004 Allocation of quota for pipi in quota management area 1A Heading inserted 6 September 2004 section 59(1) Fisheries Amendment Act (No 3) 2004 369T: Allocation of quota for pipi in quota management area 1A 1: In this section, the reference to pipi in quota management area 1A is a reference to pipi in the quota management area described in Schedule 4 2: Each person named in the first column of Schedule 16 3: Despite any other enactment, no person is entitled to be allocated individual transferable quota for pipi in quota management area 1A unless the allocation is authorised by this section. 4: Notwithstanding anything in this Act, any— a: allocation of provisional catch history of pipi in quota management area 1A; or b: transfer of provisional catch history of pipi in quota management area 1A; or c: decision on eligibility to receive provisional catch history or eligibility to receive quota of pipi in quota management area 1A; or d: appeal to the Catch History Review Committee of pipi in respect of quota management area 1A— made or done before the commencement of the section is deemed to be of no effect. Section 369T inserted 6 September 2004 section 59(1) Fisheries Amendment Act (No 3) 2004 370: Transitional provision relating to performance of functions by outside agencies 1: Subject to subsection (2), for the purposes of section 294 Fisheries Act 1983 2: Subsection (1) does not apply to powers, duties, and functions of— a: the Governor-General; or b: the Minister; or c: a fishery officer; or d: the Fisheries Authority.

DLM386856

1996

Maori Affairs Restructuring Amendment Act 1996

1: Short Title This Act may be cited as the Maori Affairs Restructuring Amendment Act 1996, and shall be read together with and deemed part of the Maori Affairs Restructuring Act 1989 2: Advances and other assistance to Maori 1: The principal Act is hereby amended by repealing section 86 2: Notwithstanding the repeal effected by subsection (1) subsection (3) subsections (2) (3) subsections (5) to (7) (10) subsection (1) section 86 3: Notwithstanding subsection (2) section 86 section 85(6)

DLM375898

1996

Biosecurity Amendment Act 1996

1: Short Title and commencement 1: This Act may be cited as the Biosecurity Amendment Act 1996, and shall be read together with and deemed part of the Biosecurity Act 1993 2: This Act shall come into force on the 1st day of July 1996. 2: Regional strategy to be funded by rates This section substituted section 97 3: Repeal of powers to make and levy pest management rate This section repealed sections 77(c)(i) 77(d) 98 99 Schedule 4 Rating Powers Act, of the principal Act sections 34A to 34C of the Rating Powers Act 1988 4: Approval of regional pest management strategy This section inserted section 97A 5: Consequential amendment This section amended section 99A 6: Savings Where a strategy has been approved by a regional council before the commencement of this Act, no provision in that strategy for funding the strategy or a part of the strategy by a rate shall be invalid or prevent the funding of that strategy by a rate made in accordance with section 97

DLM386863

1996

Chemical Weapons (Prohibition) Act 1996

1: Short Title and commencement 1: This Act may be cited as the Chemical Weapons (Prohibition) Act 1996. 2: This Act shall come into force on a date to be appointed by the Governor-General by Order in Council. 3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 1(2) brought into force 29 April 1997 clause 2 Chemical Weapons (Prohibition) Act Commencement Order 1997 Section 1(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 1: Preliminary 2: Interpretation 1: In this Act, unless the context otherwise requires,— Convention Schedule international inspector Minister Secretary 2: Terms and expressions used and not defined in this Act but defined in the Convention shall, unless the context otherwise requires, have the same meaning as in the Convention. 3: Act binds the Crown This Act binds the Crown. 4: Purpose 1: The purpose of this Act is to implement New Zealand's obligations under the Convention. 2: Every person exercising a power or discretion conferred under this Act must have regard to New Zealand's obligations under the Convention. 5: Extraterritorial application of Part 2 1: The provisions of Part 2 a: by any New Zealand citizen or by any person ordinarily resident in New Zealand; or b: by any other person on board any New Zealand ship or New Zealand aircraft. 2: Notwithstanding anything in any other enactment, proceedings in respect of any contravention of Part 2 3: Notwithstanding subsection (2), a person may be arrested, or a warrant for a person's arrest may be issued and executed, and the person may be remanded in custody or on bail, but no further or other proceedings shall be taken until the Attorney-General's consent has been obtained. 1960 No 47 s 3(3) 2: Offences 6: Chemical weapons 1: Every person commits an offence who intentionally or recklessly— a: develops, produces, otherwise acquires, stockpiles, or retains chemical weapons; or b: transfers, directly or indirectly, chemical weapons to another person; or c: uses chemical weapons; or d: engages in any military preparations to use chemical weapons; or e: assists, encourages, or induces, in any way, any person to engage in any activity prohibited to a State Party under the Convention,— and is liable on conviction 2: Nothing in subsection (1) applies in respect of any seizure of chemical weapons by the Crown under the authority of this or any other Act. 3: Nothing in subsection (1)(e) limits the provisions of Part 4 Chemical Weapons (Prohibition) Act 1994 No 26 s 12 (Aust) Section 6(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 7: Forfeiture of chemical weapons If any chemical weapon is developed, produced, otherwise acquired, stockpiled, retained, or transferred in contravention of section 6 a: is forfeit to the Crown; and b: may be seized without warrant by any officer of the Crown; and c: shall be stored pending disposal, and disposed of, as the Minister thinks fit. 8: Riot control agents Every person commits an offence who intentionally or recklessly uses riot control agents as a method of warfare, and is liable on conviction Section 8 amended 1 July 2013 section 413 Criminal Procedure Act 2011 9: Schedule 1 toxic chemicals 1: Every person commits an offence who intentionally or recklessly produces, acquires, retains, or uses any Schedule 1 chemical without the consent of the Secretary, and is liable on 2: In determining whether or not to give consent, the Secretary shall be guided by the provisions of Part VI of the Verification Annex. Section 9(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 10: Imports and exports of toxic chemicals and precursors 1: Except with the consent of the Secretary, the importation into New Zealand, and the exportation from New Zealand, of any toxic chemical or precursor listed in Schedules 1, 2, and 3 of the Annex on Chemicals is hereby prohibited. 2: In determining whether or not to give consent, the Secretary shall be guided by the restrictions on transfer set out in Parts VI to VIII of the Verification Annex. 3: Every person commits an offence who imports or exports any chemical or precursor in contravention of subsection (1), and is liable on Section 10(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 11: Application of Customs and Excise Act 2018 All the provisions of the Customs and Excise Act 2018 section 388(1)(a) or (b) section 10 subpart 4 Section 11 replaced 1 October 2018 section 443(3) Customs and Excise Act 2018 3: Information and documents 12: Purpose of this Part 1: The purpose of this Part is to ensure— a: that toxic chemicals and their precursors are only developed, produced, otherwise acquired, retained, transferred, or used for purposes not prohibited under the Convention; and b: that the Secretary has knowledge of dealings with chemicals that facilitates the making of New Zealand's periodic declarations under the Convention; and c: that New Zealand is otherwise able to fulfil its obligations under the Convention. 2: Any power under this Part may be exercised only for that purpose. 13: Supply of information 1: Any person who produces, acquires, retains, transfers, or uses toxic chemicals or their precursors to which any provision of Parts VI to IX of the Verification Annex applies must— a: notify the chemicals and, as the case may be, the facility to the Minister as soon as practicable after this section commences to apply to the chemicals or facility, by giving written notice in a form approved by the Secretary, containing such information as is required by the form; and b: keep records in relation to the chemicals and the facility, and the purpose to which the chemicals are put; and c: prepare, from those records, periodic reports relating to the chemicals and the facility in a form approved by the Secretary; and d: send those periodic reports to the Secretary at intervals specified by the Minister or by regulation. 2: The records and reports under subsection (1)(b) to (d) must be sufficient to satisfy the Minister that the Convention and the provisions of this Act and any regulations made under this Act are being complied with. 3: Every person who refuses or fails, without reasonable excuse, to comply with subsection (1) commits an offence, and is liable on Section 13(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 14: Secretary may seek information 1: This section applies if the Secretary considers that any person is capable of giving information that is relevant to— a: a declaration required to be given by New Zealand to the Organization under the Convention; or b: the implementation of the Convention or the enforcement of this Act. 2: The Secretary may, by written notice given to a person, require the person to give such information to the Secretary,— a: if the person is a natural person, by writing signed by the person; or b: if the person is a body corporate, by writing signed by an officer authorised to sign on behalf of the body corporate,— within such reasonable period and in such manner as is specified in the notice. 3: The Secretary may, by written notice given to a person, require the person to give to the Secretary particular documents, or documents of a particular kind, specified in the notice, within such reasonable period as is specified in the notice. 4: Every person who, without reasonable excuse, fails to comply with a notice under this section to the extent that the person is capable of complying with it commits an offence and is liable on 5: The power of the Secretary under this section to require a person to give information or documents to the Secretary is in addition to any obligation to give information or documents that the person may have under section 13 Chemical Weapons (Prohibition) Act 1994 No 26 s 31 (Aust) Section 14(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 15: False or misleading statements and documents Every person commits an offence who, in any document prepared pursuant to this Part, makes a statement or omits any matter knowing that, or being reckless as to whether, the statement or omission makes the document false or misleading in a material particular, and is liable on Section 15 amended 1 July 2013 section 413 Criminal Procedure Act 2011 4: Inspections 16: Purpose of this Part The purpose of this Part is to facilitate inspections under the Convention by— a: confirming the right of international inspectors to inspect facilities and other places in New Zealand in accordance with the Convention and any facility agreement; and b: enabling New Zealand officers to secure access for any international inspector where consent cannot be obtained; and c: enabling New Zealand officers to accompany or assist any international inspector. Access by international inspectors 17: Verification of toxic chemicals All toxic chemicals and their precursors listed in Schedules 1, 2, and 3 of the Annex on Chemicals, facilities related to such chemicals, and other facilities and places as specified in the Verification Annex, are hereby declared to be subject to verification measures as provided in the Convention. 18: Inspections Every person must permit an international inspector to— a: enter any place in New Zealand— i: in respect of which any provision of Parts VI to IX of the Verification Annex applies; or ii: that is subject to an on-site challenge inspection referred to in paragraph 8 of Article IX of the Convention; or iii: in respect of which an investigation under paragraph 9 of Article X of the Convention has been initiated; and b: inspect the place pursuant to the Convention and, in the case of any facility, any applicable facility agreement; and c: exercise, in connection with the inspection, any function contemplated, and exercise any power provided for, in the Convention and, in the case of any facility, any applicable facility agreement. 19: Persons who may accompany international inspectors In order to facilitate inspections, an international inspector may be accompanied by— a: an observer for the purposes of giving effect to paragraph 12 of Article IX of the Convention: b: any person appointed by the Minister under section 21 c: any constable Section 19(c) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Directions 20: Ministerial directions 1: The Minister may, by notice in writing, issue directions to any person for the purpose of facilitating any inspection under the Convention. 2: Every person commits an offence who wilfully fails to comply with any direction given by the Minister under this section, and is liable on Section 20(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 New Zealand assistance with inspections 21: Appointment of New Zealand officials The Minister may appoint any person to accompany or assist any international inspector. 22: Identification certificates The Minister may issue a certificate identifying any international inspector or other person authorised to accompany or assist any international inspector. Enforcement 23: Search warrants 1: Any constable section 21 2: Subject to subsection (3), an issuing officer (within the meaning of section 3 a: a place referred to in section 18 b: entry to the place is necessary for the purpose of exercising any function contemplated, or any power provided for, in the Convention or any applicable facility agreement; and c: the consent of the person who is in control of the place cannot be obtained,— may issue a warrant authorising the entry of the place 3: The person applying for a warrant under subsection (2)— a: must first make reasonable inquiries as to whether any other applications for such a warrant have been made in respect of the place concerned, and (if so) the following matters: i: the offence or offences (if any) alleged in respect of each application; and ii: the results of each application; and b: must disclose on the application for the warrant the results of the inquiries. 4: Subject to subsection (3), the provisions of subparts 3 4 Section 23(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 23(2) amended 1 October 2012 section 312(2)(a) Search and Surveillance Act 2012 Section 23(2) amended 1 October 2012 section 312(2)(b) Search and Surveillance Act 2012 Section 23(4) inserted 1 October 2012 section 312(3) Search and Surveillance Act 2012 24: Use of force Section 24 repealed 1 October 2012 section 312(4) Search and Surveillance Act 2012 25: Obligations of persons accompanying international inspectors Section 25 repealed 1 October 2012 section 312(4) Search and Surveillance Act 2012 26: Obstruction of international inspectors 1: Every person commits an offence, and is liable on 2: Nothing in this section applies to a refusal to give consent to entry by an international inspector who is not acting pursuant to a search warrant. Section 26(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 5: Miscellaneous provisions 27: Confidentiality 1: Every person must keep confidential any information that is given pursuant to this Act or the Convention concerning the affairs of another person. 2: Such information may be disclosed only with the consent of the person to whose affairs it relates or for the purpose of— a: enabling New Zealand to fulfil its obligations under the Convention; or b: the enforcement of this Act; or c: dealing with an emergency involving public safety. 3: Every person who contravenes this section commits an offence, and is liable on Section 27(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 28: Self-incrimination 1: A person is not excused from answering a question or giving any information or document under this Act or the Convention on the ground that to do so may incriminate or tend to incriminate that person. 2: A self-incriminating statement made or given under this Act or the Convention is not admissible as evidence in criminal proceedings against that person except on a charge of perjury in relation to that statement. 1993 No 105 s 267 29: Regulations 1: The Governor-General may from time to time, by Order in Council, make regulations— a: providing for any matter that is necessary or desirable for the purpose of implementing the Convention or any agreement that is concluded between New Zealand and the Organization pursuant to the Convention: b: prescribing offences in respect of the contravention of or non-compliance with any provision of any regulations made under this section, and prescribing fines, not exceeding $5,000, that may, on c: providing for such other matters as are contemplated by or necessary for giving full effect to this Act and for its due administration. 2: The Governor-General may from time to time, by Order in Council,— a: amend the Schedule b: revoke the Schedule 3: The following are secondary legislation ( see Part 3 a: regulations under this section: b: an order under subsection (2). 1968 No 36 s 10A 1987 No 86 s 26 1994 No 119 s 55(2), (3) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 29(1)(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 29(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 30: Application to Tokelau 1: The Governor-General may, by Order in Council, bring this Act into force in Tokelau with such modifications as may be necessary. 2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 30(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 31: Amendment to Diplomatic Privileges and Immunities Act 1968 Amendment(s) incorporated in the Act(s)

DLM393706

1996

Estate and Gift Duties Amendment Act 1996

1: Short Title, application, and commencement 1: This Act may be cited as the Estate and Gift Duties Amendment Act 1996, and shall be read together with and deemed part of the Estate and Gift Duties Act 1968 2: Except as provided in subsections (3) (4) section 6 3: Except as provided in subsection (4) sections 3 8 9 4: Where— a: A provision of this Act amends, inserts, or repeals a provision ( the relevant provision b: The relevant provision is referred to in, or necessary for the purposes of, another provision ( the other provision c: The other provision— i: Is amended, inserted, or repealed by this Act; and ii: Has an application date that is not the same as the general application date for the relevant provision,— the relevant provision shall, for all purposes in regard to the other provision, have the same application date as the other provision. 2: Interpretation 1: This subsection inserted the definition of infant of the deceased 2(1) 2: This subsection inserted the definition of orphan infant child 2(1) 3: Assessment of gift duty This section substituted s 82(7) 4: Penalty on unpaid gift duty This section substituted s 83(1) 5: Interest on unpaid gift duty Section 84 subsections (1) (2) 6: Remission of penalty and interest on gift duty 1: Section 88 2: This section comes into force on the 1st day of April 1997. 7: Refund of gift duty, penalty, and interest paid in excess Section 89 a: By omitting from subsection (1) section 88 of this Act Part XI of the Tax Administration Act 1994 b: By omitting from subsection (2) at the rate of 5 per cent per annum from the date of payment computed and payable in accordance with Part VII of the Tax Administration Act 1994 8: Repeal of Part 7 1: Part 7 2: Notwithstanding subsection (1) Part 7 a: Issued by the Commissioner under the principal Act before the 1st day of April 1996; or b: Referred to in section 90A(2) section 9 3: The Commissioner may, with the written agreement of a person who has been assessed for a tax liability under this Act, specify that a notice of assessment or reassessment— a: Issued before the 1st day of October 1996, is to be treated as if it had been issued after that date (in which case the provisions of Parts 4A 8A Tax Administration Act 1994 b: Issued on or after the 1st day of October 1996, is to be treated as if it had been issued before that date (in which case the provisions of Part 7 9: Application of Parts 4A 8A Tax Administration Act 1994 This section inserted s 90A 10: Application of Part 9 Tax Administration Act 1994 This section substituted s 95 11: Duty recoverable by Commissioner in official name Section 97

DLM393282

1996

Gaming Duties Amendment Act 1996

1: Short Title, application, and commencement 1: This Act may be cited as the Gaming Duties Amendment Act 1996, and shall be read together with and deemed part of the Gaming Duties Act 1971 2: Except as provided in subsections (3) (4) sections 3 4 3: Except as provided in subsection (4) sections 7 8 9 10 4: Where— a: A provision of this Act amends, inserts, or repeals a provision ( the relevant provision b: The relevant provision is referred to in, or necessary for the purposes of, another provision ( the other provision c: The other provision— i: Is amended, inserted, or repealed by this Act; and ii: Has an application date that is not the same as the general application date for the relevant provision,— the relevant provision shall, for all purposes in regard to the other provision, have the same application date as the other provision. 2: Amendment to Short Title section 1: This subsection substituted s 1(4) 2: This section applies on and after the 1st day of October 1996. 3: Return to be furnished to Commissioner 1: 2: Section 5 Gaming Duties Amendment Act 1995 3: This section shall come into force on the 1st day of April 1997. Subsection (1) repealed 1 August 2003 70(2) Racing Act 2003 See sections 71 to 81 See clause 2 Racing Act Commencement Order 2003 4: Interest on unpaid totalisator duty Section 8 5: Interest on unpaid lottery duty Section 12 6: Interest on unpaid gaming machine duty Section 12F section 3 of the Gaming Duties Amendment Act 1991 7: Assessments deemed correct except in challenge proceedings This section amended s 12H 8: Application of Parts 4A 8A Tax Administration Act 1994 This section inserted s 12HA 9: Objections to assessments 1: Section 12I section 3 of the Gaming Duties Amendment Act 1991 2: Notwithstanding subsection (1) section 12I a: Issued by the Commissioner under the principal Act before the 1st day of October 1996; or b: That is referred to in section 12HA(2) section 8 3: The Commissioner may, with the written agreement of a person who has been assessed for a tax liability under this Act, specify that a notice of assessment or reassessment— a: Issued before the 1st day of October 1996, is to be treated as if it had been issued after that date (in which case the provisions of Parts 4A 8A Tax Administration Act 1994 b: Issued on or after the 1st day of October 1996, is to be treated as if it had been issued before that date (in which case the provisions of sections 12I 12J 10: Commissioner may amend assessment, or objection may be submitted to Taxation Review Authority 1: Section 12J section 3 of the Gaming Duties Amendment Act 1991 2: Notwithstanding subsection (1) section 12J a: Issued by the Commissioner under the principal Act before the 1st day of October 1996; or b: Referred to in section 12HA(2) section 8 11: Deduction of duty from payment due to defaulters Section 12L section 3 of the Gaming Duties Amendment Act 1991 subsection (8) 12: Interest on unpaid casino duty Section 12Q section 3 of the Gaming Duties Amendment Act 1991 13: Recovery of duty This section amended s 12R 14: Duty recoverable by Commissioner in official name Section 14 15: Application of Part 9 Tax Administration Act 1994 1: This section substituted s 15 2: Section 5 of the Gaming Duties Amendment Act 1991 16: Application of provisions of Tax Administration Act 1994 This section inserted s 15A

DLM403225

1996

Auckland Airport Amendment Act 1996

1: Short Title and commencement 1: This Act may be cited as the Auckland Airport Amendment Act 1996, and shall be read together with and deemed part of the Auckland Airport Act 1987 2: This Act shall come into force on a date to be appointed by the Governor-General by Order in Council. 2: Interpretation This section substituted the definition of the term Minister s 2 3: Vesting of airport assets and airport liabilities in company This section amended s 6(2)(d) 4: Supply of information This section amended s 13(1) 5: References to Minister of Civil Aviation and Meteorological Services Unless the context otherwise requires, every reference in— a: Any contract, agreement, deed, or instrument entered into, made, or executed under the principal Act before the commencement of this Act; or b: Any form, notice, or other document issued, given, or signed under the principal Act before the commencement of this Act,— to the Minister of Civil Aviation and Meteorological Services shall be read as a reference to the Minister for State-Owned Enterprises.

DLM392232

1996

Social Security Amendment (No 2) Act 1996

1: Short Title This Act may be cited as the Social Security Amendment Act (No 2) 1996, and shall be read together with and deemed part of the Social Security Act 1964 2: Effect of absence of beneficiary from New Zealand 1: Amendment(s) incorporated in the Act(s) 2: Notwithstanding subsection (1) of this section subsection (2) or subsection (3) of section 77 3: This section shall be deemed to have come into force on 1 July 1993. Section 2(1) amended 1 January 1998 section 10(3) Social Security Amendment Act (No 3) 1997 3: Further amending provisions relating to effect of absence of beneficiary from New Zealand 1: Amendment(s) incorporated in the Act(s) 2: This section shall come into force on 1 July 1996.

DLM375802

1996

Submarine Cables and Pipelines Protection Act 1996

1: Short Title and commencement 1: This Act may be cited as the Submarine Cables and Pipelines Protection Act 1996. 2: This Act shall come into force on the day on which it receives the Royal assent. 1: Preliminary provisions 2: Interpretation In this Act, unless the context otherwise requires,— anchor approved maritime surveillance equipment section 35 cable section 2 section 5 Director Maritime New Zealand section 439 enforcement officer a: a constable b: an officer in command of a ship of the New Zealand Naval Forces: c: an officer of the New Zealand Naval Forces of the rank of Midshipman or above high seas image internal waters of New Zealand section 4 , Contiguous Zone, master Minister New Zealand ship Ship Registration Act 1992 owner a: in relation to a ship registered in New Zealand under the Ship Registration Act 1992, means the registered owner of the ship: b: in relation to a ship registered in any place outside New Zealand, means the registered owner of the ship: c: in relation to a fishing ship, other than one to which paragraph (a) or paragraph (b) applies, means the person registered as the owner of the ship under section 57 d: in relation to a ship to which paragraph (a) or paragraph (b) or paragraph (c) applies, if, by virtue of any charter or demise or for any other reason, the registered owner is not responsible for the management of the ship, means the charterer or other person who is for the time being so responsible: e: in relation to an unregistered ship or a registered ship that does not have a registered owner, means the person who is for the time being responsible for the management of the ship owner pipeline protection officer section 16 ship a: a barge, lighter, or other like vessel: b: a hovercraft or other thing deriving full or partial support in the atmosphere from the reaction of air against the surface of the water over which it operates: c: a submarine or other submersible submarine cable submarine pipeline 1966 No 5 s 2 1977 No 28 s 33 1977 No 96 s 2 1987 No 184 s 29(3) 1992 No 122 s 173(2) Section 2 cable amended 20 December 2001 section 158 Telecommunications Act 2001 Section 2 Director amended 1 July 2005 section 11(3) Maritime Transport Amendment Act 2004 Section 2 enforcement officer amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 2 internal waters of New Zealand amended 1 August 1996 Territorial Sea and Exclusive Economic Zone Amendment Act 1996 Application 3: Act to bind the Crown This Act binds the Crown. 1966 No 5 s 12 4: Application of Act This Act applies to acts or omissions— a: by a person within the territorial sea of New Zealand or the internal waters of New Zealand; or b: by a person on board or by means of a New Zealand ship on the high seas; or c: by a New Zealand citizen or a person ordinarily resident in New Zealand on board or by means of a ship, other than a New Zealand ship, on the high seas. 1966 No 5 s 3(1) 5: Other Acts not affected The provisions of this Act are in addition to, and not in substitution for, the provisions of any other enactment and, except as expressly provided by this Act, nothing in this Act derogates from the provisions of any other enactment. 1966 No 5 s 10 5A: Act is maritime Act 1: This Act is a maritime Act under section 2(1) 2: This has the effect that transport instruments may be made for the purposes of this Act under section 452B 3: This section is intended as a guide only and is not an exhaustive statement as to the effects of this Act being a maritime Act under that Act. Section 5A inserted 1 April 2021 section 62(2) Regulatory Systems (Transport) Amendment Act 2021 2: Protection and enforcement Liability for damage to submarine cable or pipeline 6: Civil liability Nothing in this Act limits or affects the liability for damages of any person in respect of any damage to a submarine cable or submarine pipeline. 1966 No 5 s 9 7: Liability in respect of damage to cable or pipeline A person who, in the course of laying or repairing a submarine cable or submarine pipeline of which the person is the owner, damages another submarine cable or submarine pipeline, is liable for the cost of repairing that damage, and such liability— a: is in addition to any other liability to which the person may be subject; and b: applies whether or not— i: the damage to the submarine cable or submarine pipeline was caused by that person's negligence; or ii: the person has been convicted of an offence relating to that damage. 1966 No 5 s 5 Indemnity for loss of certain equipment 8: Indemnity for loss of certain equipment 1: Subject to subsection (2), if after all reasonable precautions have been taken, an anchor, a net, or any other fishing equipment belonging to a ship is sacrificed in order to avoid damaging a submarine cable or submarine pipeline, the owner of the ship is entitled to be indemnified for that owner's loss by the owner of the cable or pipeline. 2: An owner of a ship is not entitled to be indemnified under subsection (1) if a person is convicted of an offence against section 11(1) section 13 1966 No 5 s 6 Submarine cable or pipeline that has ceased to be used 9: Owner of submarine cable or pipeline that has ceased to be used to notify Minister 1: The owner of a submarine cable or submarine pipeline, as the case may be, shall, immediately after the use of the submarine cable or submarine pipeline has ceased, notify the Minister in writing that the cable or pipeline has ceased to be used. 2: Every person who fails to comply with this section commits an offence and is liable on 1966 No 5 s 6A 1977 No 96 s 3 Section 9(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 10: District Court may order removal of abandoned submarine cable or pipeline 1: On the application of the Minister, the District Court a: is unlikely to be used again; and b: constitutes a hazard to fishing operations or the anchoring of ships— be removed by the owner of the submarine cable or submarine pipeline, at the owner's expense, from the territorial sea of New Zealand or the internal waters of New Zealand, as the case may be, within such time and in accordance with such conditions as may be specified in the order. 2: If the owner of a submarine cable or submarine pipeline that has been ordered to be removed under this section fails to comply with all or any part of the order, within the time specified in the order or within such further period as the District Court may allow, the Minister may— a: carry out all or any part of the work ordered to be carried out, and do all things incidental to the work; and b: recover the costs for carrying out the work referred to in paragraph (a) from the owner of the submarine cable or submarine pipeline, as the case may be, as a debt due to the Crown. 1966 No 5 s 6B 1977 No 96 s 3 Section 10(1) amended 1 March 2017 section 261 District Court Act 2016 Offence to damage submarine cable or pipeline 11: Offence to damage submarine cable or pipeline 1: Every person commits an offence and is liable on a: wilfully or negligently either damages, or causes or permits a ship or equipment belonging to a ship to damage, a submarine cable or submarine pipeline; or b: is the owner or master of a ship that is used in the commission of an offence against paragraph (a). 2: An owner or master of a ship who is convicted of an offence against paragraph (a) of subsection (1) is not liable for an offence against paragraph (b) of that subsection arising out of the same course of conduct. 3: It is a defence to a prosecution for an offence against this section if the defendant proves that the damage which is alleged to constitute the offence was caused by persons acting with the sole object of saving life or a ship after having taken all reasonable precautions to avoid the damage. 4: For the purposes of this section, a person who causes an event by an act or omission which he or she knows would probably cause it, being reckless whether that event happens or not, is deemed to have caused it wilfully. 1966 No 5 s 4 Section 11(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Prohibition on certain activities in protected areas 12: Protected areas 1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister, declare any of the following areas to be a protected area for the purposes of this Act: a: an area within the internal waters of New Zealand: b: an area within the territorial sea of New Zealand: c: an area within the exclusive economic zone of New Zealand (as described in section 9 , Contiguous Zone, 2: The Minister shall not make a recommendation under subsection (1) unless— a: the Minister has first consulted with such persons or organisations representing such persons as the Minister considers would be affected by the order; and b: those persons or organisations have a reasonable opportunity to make submissions to the Minister; and c: the Minister has regard to those submissions. 3: A failure to comply with subsection (2) does not affect the validity of any Order in Council made under subsection (1). 4: An Order in Council under subsection (1) may— a: apply— i: generally in respect of an area to which it relates: ii: differently in respect of specified areas or classes of areas within the general area specified in the Order in Council: iii: generally in respect of all ships: iv: differently in respect of specified ships or classes of ships: v: generally in respect of all methods of fishing: vi: differently in respect of specified methods of fishing: b: impose requirements in respect of specified ships or classes of ships that must be met before a ship or class of ships qualifies for exclusion from the application of the order. 5: The Minister shall publish a notice of the making of an Order in Council under subsection (1) in— a: each of the metropolitan daily newspapers published in Auckland, Wellington, Christchurch, and Dunedin, respectively. b: 6: The Minister may, by notice 7: A declaration under subsection (6) may be made unconditionally or upon or subject to such conditions that are specified in the notice. 8: Notwithstanding the provisions of an Order in Council under this section, any such notice has effect according to its tenor. 9: Subsections (2), (3), and (5) apply, with such modifications as may be necessary, to the making of a declaration under subsection (6). 10: The following are secondary legislation ( see Part 3 a: an Order in Council under subsection (1): b: a notice under subsection (6). 1966 No 5 ss 7, 7A(2) 1977 No 96 ss 4, 5 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under subsection (1). Legislation Act 2019 requirements for secondary legislation made under subsection (1) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under subsection (6). Legislation Act 2019 requirements for secondary legislation made under subsection (6) Publication The maker must: LA19 ss 73 74(1)(a) cl 14 • publish it in the Gazette • comply with subsection (5) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 12(1)(c) amended 1 August 1996 Territorial Sea and Exclusive Economic Zone Amendment Act 1996 Section 12(5)(b) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 12(6) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 12(10) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 13: Offences in respect of protected areas 1: Subject to subsection (3), if— a: fishing operations are conducted from a ship in an area declared to be a protected area in respect of that ship under section 12(1) b: a ship is anchored in any such area— the owner and the master of the ship each commits an offence and is each liable on section 15 2: Subject to subsection (3), every person who fails to comply with, or acts in contravention of, an Order in Council under section 12(1) section 15 3: A person is not liable for an offence against this section involving a ship to which a notice under section 12(6) 4: Where in proceedings for an offence against this section, an enforcement officer or a protection officer gives evidence that he or she observed— a: a net, line, rope, chain, or any other thing used in connection with fishing operations being towed by, or operated or suspended from, a ship; or b: an anchor being lowered or suspended from, or raised by, a ship,— it shall be presumed that, in the absence of evidence to the contrary, fishing operations were being conducted from the ship or the ship was anchored, as the case may be. 5: Where in proceedings for an offence against this section, evidence is given of an image made by approved maritime surveillance equipment, being an image showing— a: a net, line, rope, chain, or any other thing used in connection with fishing operations being towed by, or operated or suspended from, a ship; or b: an anchor being lowered or suspended from, or raised by, a ship,— it shall be presumed that, in the absence of evidence to the contrary, fishing operations were being conducted from the ship or the ship was anchored, as the case may be. 1966 No 5 s 7A(1) 1977 No 96 s 5 Section 13(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 13(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 14: Defences in respect of certain offences 1: It is a defence to a prosecution for an offence against section 13 2: It is a defence to a prosecution for an offence against section 13 1966 No 5 s 7A(3) 1977 No 96 s 5 15: Penalties in respect of certain offences Every person who commits an offence against section 13 a: to a fine not exceeding $100,000, if— i: the offence was committed in the course of conducting an activity for the purpose of producing a commercial gain; or ii: a ship, which is used for an activity that has, as its predominant purpose, the making of a commercial gain, was used in the commission of the offence: b: to a fine not exceeding $20,000, if the offence was committed, otherwise than in any of the circumstances specified in paragraph (a). 1966 No 5 s 7A(2) 1977 No 96 s 5 Section 15 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Appointment and powers of protection officers, etc 16: Protection officers 1: The Minister may from time to time, by notice in the Gazette 2: For the purposes of this Act, an enforcement officer is deemed to be a protection officer. 17: Ship may be ordered from protected area 1: If a protection officer believes on reasonable grounds that a ship or equipment belonging to a ship is being used in a protected area in the commission of an offence against section 13 2: Without derogating from any other provision of this Act, a master who, without reasonable cause, fails within a reasonable period of time to comply with an order given under this section, commits an offence and is liable on 1966 No 5 s 7B 1977 No 96 s 5 Section 17(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 18: Seizure of fishing equipment in protected area 1: A protection officer who finds fishing equipment may seize the equipment if he or she believes on reasonable grounds that— a: the area in which he or she finds the equipment is declared to be a protected area by an Order in Council under section 12(1) b: the equipment has been left there by a ship to which the order applies. 2: A protection officer who has seized fishing equipment under subsection (1) shall without delay arrange for notice of the seizure to be posted at the Police station nearest to where the seizure was made. 3: Subject to subsection (4), a protection officer shall return fishing equipment seized under subsection (1), at the expense of the person, to a person who establishes ownership to the satisfaction of the protection officer. 4: If ownership of the fishing equipment is not established under subsection (3) within 60 days after the posting of the notice of seizure under subsection (2),— a: the fishing equipment becomes the property of the Crown subject only to those encumbrances, liens, and interests of which a protection officer is aware at the time the fishing equipment becomes the property of the Crown; and b: the fishing equipment may be sold or otherwise disposed of as the Minister thinks fit. 1966 No 5 s 7C 1977 No 96 s 5 19: Master to identify ship 1: If,— a: a protection officer believes on reasonable grounds that a ship or equipment belonging to a ship is being used in the commission of an offence against section 13 b: a request for identification is made to the ship by the protection officer,— the master of the ship must advise the protection officer of the master's name, owner's name, ship's name, place of registry, register number, and such further information as may be relevant to the identity of the master and owner and the identity of the ship that may be requested by the protection officer. 2: A master who, without reasonable cause, fails within a reasonable period of time to comply with subsection (1) commits an offence and is liable on Section 19(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Powers of enforcement officers, etc 20: Power to obtain documents and information 1: If an enforcement officer has reasonable cause to believe that an offence is being or has been committed against this Act by or from or in relation to a ship, the enforcement officer may, for the purposes of enforcing the provisions of this Act,— a: require the owner or the master or a member of the crew of the ship to produce a certificate, official logbook, or other document in the possession or under the control of the owner, master, or crew member that relates to the ship: b: require the master to produce a certificate of registration, charter, or other document, or to provide other information relating to the owner of the ship: c: require the master of the ship, or any other person on board the ship, to produce a document, or to give an explanation or information, as may be necessary to assist in identifying the location, conduct, and movements of the ship, or the actions of any person on board the ship at the time relevant to the suspected commission of an offence against this Act: d: take or make copies of a document produced under this section, if the document is relevant to the suspected commission of an offence against this Act. 2: An enforcement officer may— a: take possession of and remove any such document from the place where it is kept for such period of time as is reasonable in the circumstances; and b: require a person to reproduce, or assist the enforcement officer to reproduce, in usable form any information recorded or stored on a document electronically or by other means. 3: Nothing in paragraph (b) or paragraph (c) of subsection (1) requires a person to answer a question if to do so would tend to incriminate that person. 4: For the purposes of this section document a: any writing on or in any material; and b: information recorded or stored by means of a tape recorder, computer, or other device; and material subsequently derived from information so recorded or stored; and c: a record, book, graph, or drawing; and d: a photograph, film, negative, tape, disk, or other device in which 1 or more visual images are embodied or stored so as to be capable (with or without the aid of equipment) of being reproduced. 5: Every person who fails without reasonable cause to comply with subsection (1) commits an offence and is liable on 1991 No 18 s 13 Section 20(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 21: Power of seizure 1: An enforcement officer may seize a ship or other property if the officer believes on reasonable grounds that the ship or other property is being used in the commission of an offence against section 13 2: Every person commits an offence and is liable on a: resists or obstructs an enforcement officer exercising the power of seizure under this section; or b: fails without reasonable cause to comply with the requirements of an enforcement officer exercising the power of seizure under this section. 1991 No 18 s 15 Section 21(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 22: Persons assisting enforcement officer An enforcement officer exercising a power conferred on the officer by this Act may call upon a person in the vicinity for assistance, and every person so called upon is authorised to render such assistance. 1991 No 18 s 22 23: Enforcement officer to produce evidence of authority to act Every enforcement officer exercising a power conferred by section 20 section 21 a: evidence that that person is an enforcement officer; and b: evidence of that person's identity. 1991 No 18 s 24 Provisions relating to seized property 24: Custody of property seized 1: Subject to sections 25 26 section 21 a: a decision is made not to file a charging document b: a charge and, in that event, it must be released immediately from the custody of the Crown. 2: The decision whether or not to file a charging document section 21 1991 No 18 s 16 Section 24(1)(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 24(1)(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 24(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 25: Release of property by Minister 1: The Minister may, at any time after property has been seized under section 21 a: the person from whom the property was seized; or b: the owner or person entitled to the possession of the property seized,— release the property to that person under bond in such sum and under such sureties and conditions (if any) as the Minister may specify. 2: If the person to whom property is released under subsection (1) fails to comply with the conditions of a bond or with a condition specified by the Minister,— a: the property may be reseized at any time at the direction of the Minister; and b: the Minister may, in the case of failure to comply with the conditions of a bond, apply to the District Court 3: If the Minister applies for an order for estreat of the bond, the Registrar shall fix a time and place for the hearing of the application, and shall, not less than 14 days before the time fixed, cause to be served on every person bound by the bond a notice of the time and place so fixed. 4: If, on the hearing of the application, it is proved to the satisfaction of the court that a condition of the bond has not been kept, the court may make an order to estreat the bond to such an amount as it thinks fit to any person bound by the bond on whom notice is proved to have been served in accordance with subsection (3). 5: A penalty payable under subsection (4) is recoverable as if it were a fine. 1991 No 18 s 17 Section 25(2)(b) amended 1 March 2017 section 261 District Court Act 2016 26: Release of property by court 1: Where property has been seized under section 21 a: the person from whom the property was seized; or b: the owner or person entitled to the possession of the property seized,— may, in accordance with this section, apply to the District Court 2: Where the property does not exceed $350,000 in value, the application must be by way of originating application made to the District Court, and the rules relating to the practice and procedure of the District Court for the time being in force under the District Court Act 2016 3: Where the property exceeds $350,000 in value, the application must be by way of originating application made to the High Court, and the High Court Rules 2016 1991 No 18 s 20 Section 26(1) amended 1 March 2017 section 261 District Court Act 2016 Section 26(2) replaced 1 March 2017 section 261 District Court Act 2016 Section 26(3) replaced 1 March 2017 section 261 District Court Act 2016 Proceedings for offences, etc 27: Consent of Attorney-General required for certain proceedings 1: Notwithstanding anything in any other enactment, proceedings for an offence against this Act or regulations under this Act, being an offence that is alleged to have been committed— a: outside the territorial sea of New Zealand; or b: on board or by means of a ship, other than a New Zealand ship; or c: by a person who is not a New Zealand citizen or a person ordinarily resident in New Zealand,— shall not be instituted in any court except with the consent of the Attorney-General and on his or her certificate that it is expedient that the proceedings should be instituted. 2: Notwithstanding subsection (1), a person may be arrested, or a warrant for a person's arrest may be issued and executed, and the person may be remanded in custody or on bail, but no further proceedings shall be taken until the Attorney-General's consent under subsection (1) has been obtained. 1994 No 119 s 6 28: Evidential provisions relating to approved maritime surveillance equipment 1: In proceedings against a person for an offence against this Act or regulations under this Act, the production of an image produced by approved maritime surveillance equipment, being an image— a: recording the presence or position of a ship; and b: recording the date on which the image was taken, the time when the image was taken, and the location at which the image was taken, or recording any of those particulars,— is, in the absence of proof to the contrary, sufficient evidence that the ship was present in a particular position or that the image was taken on that date or at that time or at that location, as the case may be. 2: The production in evidence in the proceedings of an image that appears to be an image referred to in subsection (1) is, in the absence of proof to the contrary, sufficient evidence that the image was produced by approved maritime surveillance equipment. 1962 No 135 s 42(1), (1A) 1992 No 108 s 8 1993 No 88 s 35 29: Offence to tamper or interfere with approved maritime surveillance equipment Every person commits an offence and is liable on a: tampers with approved maritime surveillance equipment; or b: interferes with— i: approved maritime surveillance equipment; or ii: the operation of approved maritime surveillance equipment. 1962 No 135 s 42(2) 1992 No 108 s 8 Section 29 amended 1 July 2013 section 413 Criminal Procedure Act 2011 30: Evidence of testing and accuracy of approved maritime surveillance equipment 1: In proceedings for an offence against this Act or regulations under this Act, the production of a certificate (or a document that appears to be a copy of the certificate) that appears to be signed by the Director or by a person authorised by the Director, as to the testing and accuracy of approved maritime surveillance equipment referred to in the certificate, is admissible as evidence that the equipment referred to has been tested and is accurate. 2: Every document that appears to be a copy of a certificate issued under subsection (1) shall, in the absence of proof to the contrary, be presumed to be a true copy. 3: Every certificate issued under subsection (1) shall, in the absence of proof to the contrary, be presumed to have been signed by a person duly authorised to sign it; and it is not necessary for the certificate to show on its face that the person signing it was so authorised. 1962 No 135 s 197(3), (4), (5) 1992 No 108 s 38(2) Forfeiture of property on conviction 31: Forfeiture of property on conviction 1: On the conviction of a person for an offence against— a: section 11 b: section 13 section 15(a) the District Court in which the conviction is entered may order that a ship or other property used in respect of the commission of the offence be forfeited to the Crown. 2: Where any property is forfeited to the Crown under subsection (1), the property shall upon forfeiture vest in the Crown absolutely and free of all encumbrances, liens, and interests. 1991 No 18 s 30 32: Court may grant relief to third party 1: Subject to subsection (2), if property has been forfeited to the Crown under section 31(1) 2: Nothing in subsection (1) applies to— a: a person who was involved in the commission of the offence in respect of which the property has been forfeited; or b: a person who did not acquire his or her interest in the property in good faith and who knew or had reason to believe at the time of the acquisition that the property was or would be involved in the commission of the offence in respect of which the property has been forfeited. 3: Where the property forfeited under section 31(1) $350,000 4: Except as modified by subsection (3), the rules relating to the practice and procedure of the District Court for the time being in force under the District Court Act 2016 5: Where the property forfeited under section 31(1) $350,000 High Court Rules 2016 6: If the court is satisfied that— a: the applicant is a person to whom subsection (1) applies; and b: the applicant's claim to an interest in the property is valid,— the court may make an order— c: declaring the nature, extent, and value of the applicant's interest in the property; and d: either— i: directing the Crown to transfer the interest to the applicant; or ii: declaring that there is payable by the Crown to the applicant an amount equal to the value of the interest declared by the court. 7: The court may make an order under this section on such terms and conditions as the court thinks fit. 1991 No 120 s 18 Section 32(3) amended 1 March 2017 section 261 District Court Act 2016 Section 32(4) amended 1 March 2017 section 261 District Court Act 2016 Section 32(5) amended 1 March 2017 section 261 District Court Act 2016 Section 32(5) amended 18 October 2016 section 183(c) Senior Courts Act 2016 33: Minister's powers in respect of forfeited property 1: The Minister may sell or otherwise dispose of property that is forfeited to the Crown under section 31(1) 2: A person who had a legal or equitable interest in such property prior to its forfeiture to the Crown may apply to the Minister within 30 days after the conviction for the release of the property so forfeited. 3: On an application under subsection (2), the Minister may order the release of such property on payment to the Crown of such amount as the Minister thinks appropriate, being an amount not exceeding the amount the property forfeited is estimated by the Minister to be likely to realise if sold by public auction in New Zealand. 1983 No 14 s 107C(1), (2) 1990 No 29 s 52(1) 34: Forfeiture of property or redemption payment is in addition to any other penalty A forfeiture ordered by the court under section 31(1) section 33(3) 1983 No 14 s 107C(4) 1990 No 29 s 52(1) 3: Miscellaneous provisions 35: Approved maritime surveillance equipment The Minister may from time to time, by notice in the Gazette 36: Regulations 1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: a: regulating the navigation or conduct of ships engaged in the laying, repairing, or maintenance of submarine cables or submarine pipelines and prescribing the lights or signals to be displayed by those ships while engaged in those operations: b: prescribing the duties of owners of submarine cables or submarine pipelines in respect of the marking or definition of those cables and pipelines and prescribing records to be kept in respect of the location of those cables or pipelines: c: regulating the navigation or conduct of ships in relation to other ships engaged in the laying, repairing, or maintenance of submarine cables or submarine pipelines or in relation to those cables or pipelines or in relation to buoys or signals indicating the presence or proximity of those cables or pipelines: d: prescribing the duties of persons in respect of reporting damage caused or likely to be caused to submarine cables or submarine pipelines: e: prescribing offences against the regulations and defining the persons or classes of persons liable to conviction for those offences: f: prescribing fines not exceeding $50,000 for offences against the regulations: g: providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for the due administration of this Act. 2: Regulations under this section are secondary legislation ( see Part 3 1966 No 5 s 13 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 36(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 37: Repeals and savings 1: The enactments specified in the Schedule 2: Notwithstanding the repeal of the Submarine Cables and Pipelines Protection Act 1966 3: The Governor-General may from time to time, by Order in Council,— a: make regulations amending, or revoking in whole or in part, any regulations continued in force by subsection (2); or b: make Orders in Council amending, or revoking in whole or in part, any orders continued in force by subsection (2). 4: The Minister may from time to time, by notice 5: The following are secondary legislation ( see Part 3 a: regulations under subsection (3)(a): b: an order under subsection (3)(b): c: a notice under subsection (4) in relation to a notice under subsection (2). The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under subsection (3). Legislation Act 2019 requirements for secondary legislation made under subsection (3) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under subsection (4). Legislation Act 2019 requirements for secondary legislation made under subsection (4) Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 37(4) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 37(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021

DLM390267

1996

New Zealand Antarctic Institute Act 1996

1: Short Title and commencement 1: This Act may be cited as the New Zealand Antarctic Institute Act 1996. 2: This Act shall come into force on 1 July 1996. 2: Interpretation In this Act, unless the context otherwise requires,— Board section 7 Institute section 4 Minister Section 2 year repealed 25 January 2005 section 200 Crown Entities Act 2004 3: Act to bind the Crown This Act shall bind the Crown. 1: New Zealand Antarctic Institute 4: New Zealand Antarctic Institute 1: There is hereby established a body to be called the New Zealand Antarctic Institute. 2: The Institute is a Crown entity for the purposes of section 7 3: The Crown Entities Act 2004 Section 4(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 4(3) substituted 25 January 2005 section 200 Crown Entities Act 2004 5: Functions The principal functions of the Institute are— a: to develop, manage, and execute New Zealand activities in respect of Antarctica and the Southern Ocean, in particular in the Ross Dependency: b: to maintain and enhance the quality of New Zealand Antarctic scientific research: c: to co-operate with other institutions and organisations both within and outside New Zealand having objectives similar to those of the Institute. 6: Performance of functions In performing its functions, the Institute shall act in a manner that is consistent with— a: the need to conserve the intrinsic values of Antarctica and the Southern Ocean; and b: active and responsible stewardship of the Ross Dependency for the benefit of present and future generations of New Zealanders; and c: New Zealand's international obligations; and d: the provisions of the Antarctica Act 1960 Antarctica (Environmental Protection) Act 1994 e: the risks to personnel being minimised as far as is reasonable. 7: Membership of Board 1: The governing body of the Institute shall be called the New Zealand Antarctic Institute Board. 2: The Board shall consist of not fewer than 5 nor more than 7 members 3: 4: Section 7(2) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 7(3) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 7(4) repealed 25 January 2005 section 200 Crown Entities Act 2004 8: Restriction on power of delegation 1: The Board may not delegate any power to borrow money that the Institute may have under sections 160 162 2: In other respects, section 73 Section 8 substituted 25 January 2005 section 200 Crown Entities Act 2004 9: Government directions Section 9 repealed 1 July 2014 section 72 Crown Entities Amendment Act 2013 10: Further provisions applying to Institute and Board The provisions set out in Schedule 1 11: Protection of names 1: No body other than the Institute and the Board shall be incorporated or registered under any other enactment or in any other manner, under the following names: a: New Zealand Antarctic Institute: b: Ross Dependency Research Committee: c: New Zealand Antarctic Programme: d: any other name that so resembles any name listed in paragraphs (a) to (c) as to be likely to mislead any person. 2: No person other than the Institute and the Board shall, either alone or with any other person or persons,— a: trade or carry on business under any name listed in paragraphs (a) to (c) of subsection (1); or b: trade or carry on business under any other name, knowing that that name so resembles any name listed in paragraphs (a) to (c) of subsection (1), as to be likely to mislead any person. 3: Every person who contravenes subsection (2) commits an offence and is liable on Section 11(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 2: Miscellaneous provisions 12: Transfer of Crown assets and liabilities relating to New Zealand Antarctic Programme 1: Notwithstanding any Act, rule of law, or agreement, the Minister may, on behalf of the Crown,— a: transfer to the Institute assets and liabilities of the Crown: b: authorise the Institute to act on behalf of the Crown in providing goods or services, or in managing assets or liabilities of the Crown: c: grant to the Institute leases, licences, easements, permits, or rights of any kind in respect of any assets or liabilities of the Crown— for such consideration, and on such terms and conditions, as the Minister may agree with the Institute. 2: The Minister shall lay before the House of Representatives any contract or other document entered into pursuant to subsection (1) within 12 sitting days after the date of that contract or document. 3: Where a transfer of the kind described in subsection (1) takes place,— a: the transfer shall not entitle any person to terminate, alter, or in any way affect the rights or liabilities of the Crown under any Act or agreement: b: the laying before the House of Representatives of any contract or other document relating to the transfer shall be deemed to be notice of the transfer, and any third party shall, after the date of such contract or document, deal with the Institute in place of the Crown: c: the Crown shall remain liable to any third party as if the asset or liability had not been transferred but shall be indemnified by the Institute in respect of any liability to any third party. 1993 No 147 ss 16 18 13: Ross Dependency Research Committee 1: On the commencement of this Act the Ross Dependency Research Committee is dissolved. 2: Any assets and liabilities of that Committee become, on its dissolution, assets and liabilities of the Crown, and may be transferred to the Institute in accordance with section 12 3: No member of the Committee shall be entitled to compensation for loss of office resulting from its dissolution. 14: Power to transfer employees of Ministry 1: Notwithstanding anything in section 88 2: Before transferring any employee under this section, the Secretary shall consult with the employee about the proposed transfer. Section 14(1) amended 7 August 2020 section 135 Public Service Act 2020 15: Terms and conditions of employment The terms and conditions of employment of every employee who is transferred to the Institute under section 14 16: Employment of transferred employee deemed to be continuous 1: Every employee who is transferred to the Institute under section 14 a: the contract of employment of that employee that applied immediately before the commencement of this Act in respect of that person's employment in the Ministry of Foreign Affairs and Trade shall be deemed to have been unbroken; and b: that employee's period of service with the Ministry, and every other period of service of that employee that is recognised by the Ministry as continuous service, shall be deemed to have been a period of service with the Institute. 2: No employee who is transferred to the Institute under section 14 17: Certain references deemed to be references to New Zealand Antarctic Institute Every reference to the Ross Dependency Research Committee or the New Zealand Antarctic Programme in any document executed before the commencement of this Act shall, unless the context requires otherwise, be deemed to be a reference to the Institute. 18: Amendments to other enactments The enactments specified in Schedule 2

DLM394122

1996

Local Government Amendment Act (No 3) 1996

1: Short Title and commencement 1: This Act may be cited as the Local Government Amendment Act (No 3) 1996, and shall be read together with and deemed part of the Local Government Act 1974 2: Except as provided in sections 10(2) 13(3) 14(4) 16(2) 17(2) 18(2) 21(3) 22(3) 2: Interpretation This section amended s 2(1) Annual plan Annual report Generally accepted accounting practice 3: New Parts 7A 7B Section 3 repealed 1 July 2003 266 Local Government Act 2002 4: New sections substituted 1: 2: The following enactments are hereby consequentially repealed: a: Sections 16 to 18 Local Government Amendment Act 1991 b: Section 25 Local Government Amendment Act 1992 Subsection (1) repealed 1 July 2003 266 Local Government Act 2002 5: Miscellaneous expenditure Section 5 repealed 1 July 2003 266 Local Government Act 2002 6: Restriction on lending to local authority trading enterprise Section 6 repealed 1 July 2003 266 Local Government Act 2002 Amendments to Chatham Islands Council Act 1995 7: Interpretation Section 7 repealed 1 July 2003 266 Local Government Act 2002 8: New sections substituted Section 8 repealed 1 July 2003 266 Local Government Act 2002 9: Financial systems This section substituted s 13 Chatham Islands Council Act 1995 Amendments, repeals, and revocations 10: Further amendments to principal Act 1: The principal Act is hereby further amended in the manner indicated in Schedule 1 2: This section and Schedule 1 11: Amendment to Auckland Regional Authority Act 1968 1: The Auckland Regional Authority Act 1963 section 72 2: The following enactments are hereby consequentially repealed: a: Section 7 of the Auckland Regional Authority Amendment Act 1970 b: So much of Schedule 2 Trustee Amendment Act 1988 Auckland Regional Authority Act 1963 12: Amendments to Local Authorities Loans Act 1956 1: The Local Authorities Loans Act 1956 section 56 and sections 85 to 91 2: The following enactments are hereby consequentially repealed: a: Section 10 of the Local Authorities Loans Amendment Act 1959 b: Section 7 of the Local Authorities Loans Amendment Act 1961 c: Section 5 of the Local Authorities Loans Amendment Act 1976 d: Section 8 of the Local Authorities Loans Amendment Act 1986 e: The Local Authorities Loans Amendment Act 1991 3: It shall be lawful for a local authority to withdraw loan money deposited in a separate bank account as required by section 56 of the Local Authorities Loans Act 1956 13: Amendment to Securities Act 1978 1: Section 5(3)(b) Securities Act 1978 2: 3: This section shall come into force on the 1st day of July 1998. Subsection (2) repealed 1 July 2003 266 Local Government Act 2002 14: Amendments to Rating Powers Act 1988 Section 14 repealed 1 July 2003 138(1) Local Government (Rating) Act 2002 See section 138(2) 15: Amendment to Public Finance Act 1989 1: Section 84 Public Finance Act 1989 paragraphs (a) (f) 2: Section 40 Public Finance Amendment Act 1992 16: Amendments to other enactments 1: The enactments specified in Schedule 2 2: This section and Schedule 2 17: Repeal of Local Authorities Loans Act 1956 1: The enactments specified in Schedule 3 2: This section and Schedule 3 18: Revocations 1: The regulations and orders specified in Schedule 4 2: This section and Schedule 4 19: Transitional provisions in relation to annual plans and annual reports 1: Notwithstanding the repeals effected by section 4 a: An annual plan under section 223D b: An annual report under section 223E 2: Notwithstanding the repeals effected by section 8 a: An annual plan under section 10 Chatham Islands Council Act 1995 b: An annual report under section 11 Chatham Islands Council Act 1995 20: Early implementation by specified local authorities of provisions relating to financial management 1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister of Local Government, apply the provisions of this section to any local authority specified in the Order (being a local authority from which the Minister of Local Government has received, before the 1st day of October 1996, a written application for the making of an Order under this section in respect of that local authority). 2: Where the provisions of this section are applied to any local authority, the provisions of this Act, the principal Act, and any Act amended by this Act shall apply in respect of that local authority— a: As if for the expression 1st day of July 1998 sections 122C(2) 122E(2) 122K(5) 122N(4) 122P(3) 122R(3) 122Y 223D(1) 223E(1) 1st day of July 1997 b: As if for the expression 30th day of June 1999 section 122ZK 30th day of June 1998 c: As if for the expression 1st day of July 1998 sections 10(2) 13(3) 14(4) 16(2) 17(2) 18(2) 21(3) 22(3) 1st day of July 1997 d: As if the words and the financial year beginning on the 1st day of July 1997 section 19(1) Transitional provisions 21: Transitional provisions 1: Notwithstanding the repeals effected by section 17 Local Authorities Loans Act 1956 a: Repayment of any such loan out of any specific fund or account: b: Levying of any separate rate towards payments in respect of any such loan, including the amendment or increase or diminishing of any such rate: c: Appropriation or pledging of any rates revenue in respect of any such loan: d: Prohibiting the questioning of the validity of any rate made or levied to secure any such loan: e: Appropriating or pledging of any other property or revenue or fund as security for any such loan: f: Allocating any charges in respect of any such loan against revenues from any district or legal subdivision or other defined part of a district: g: Transfer, division, cancellation, replacement, hypothecation, mortgage, registration, and surrender of debentures and stock, to such extent (if any) as is required to maintain in full force and effect all the rights and entitlements of any local authority and each holder in respect of such debentures and stock: h: Establishment, accumulation, and administration of any sinking fund for the repayment of any such loan. 2: Notwithstanding subsection (1) section 57(2) of the Local Authorities Loans Act 1956 form 3 in Schedule 1 to that Act 3: This section shall come into force on the 1st day of July 1998. 22: Transitional provisions in relation to effect on principal Act of repeal of Local Authorities Loans Act 1956 1: Subject to subsection (2) section 17 section 37ZZZM(1) 2: Notwithstanding anything in subsection (1) sections 37ZZZM(1) 37ZZZN section 37ZZZM(1) section 37ZZZN(1) section 37ZZZM(1) section 37ZZZN 3: This section shall come into force on the 1st day of July 1998.

DLM394107

1996

State-Owned Enterprises Amendment Act 1996

1: Short Title and commencement 1: This Act may be cited as the State-Owned Enterprises Amendment Act 1996 and shall be read together with and deemed part of the State-Owned Enterprises Act 1986 2: This Act shall come into force on a date to be appointed by the Governor-General by Order in Council, and one or more Orders in Council may be made bringing different provisions into force on different dates. 3: A date may be appointed pursuant to subsection (2) sections 4 5 7 4: A date may be appointed pursuant to subsection (2) section 6 Section 1(2) brought into force 27 August 1996 State-Owned Enterprises Amendment Act Commencement Order 1996 (SR 1996/236). 2: Expiry This Act shall expire and be deemed to have been repealed on the close of the day that is 2 years after the date on which this Act receives the Royal assent unless an Order in Council is made under section 1(2) 3: Provision for Works and Development Services Corporation (NZ) Limited to cease to be State enterprise 1: The principal Act is hereby amended by omitting from Schedule 1 section 2 of the State-Owned Enterprises Amendment Act 1988 Works and Development Services Corporation (NZ) Limited 2: Notwithstanding the coming into force of subsection (1) 22 the Corporation a: The Corporation were a State enterprise; and b: The Minister of Finance and the Minister for State-Owned Enterprises were the shareholding Ministers for the Corporation. 3: Section 2 of the State-Owned Enterprises Amendment Act 1988 4: The principal Act is hereby amended by omitting from Schedule 2 section 3 State-Owned Enterprises Amendment Act 1988 Works and Development Services Corporation (NZ) Limited 5: Notwithstanding the coming into force of subsection (4) sections 23 to 30 subsection (4) a: The Corporation were a State enterprise and a company named in Schedule 2 b: The Minister of Finance and the Minister for State-Owned Enterprises were the shareholding Ministers for the Corporation. 6: Section 3 of the State-Owned Enterprises Amendment Act 1988 7: Each Minister of the Crown who holds shares in the Corporation on behalf of Her Majesty the Queen may exercise all or any of Her Majesty's rights and powers as the holder of those shares. 4: Amendment to Ombudsmen Act 1975 The Ombudsmen Act 1975 Part 2 section 4 of the State-Owned Enterprises Amendment Act 1988 Works and Development Services Corporation (NZ) Limited 5: Amendment to Official Information Act 1982 The Official Information Act 1982 Schedule 1 section 23(1) Official Information Amendment Act 1987 section 4 of the State-Owned Enterprises Amendment Act 1988 Works and Development Services Corporation (NZ) Limited 6: Amendment to Income Tax Act 2007 The Income Tax Act 2007 schedule 36 Works and Development Services Corporation (NZ) Limited Section 6 heading amended 1 April 2008 Income Tax Act 2007 The heading to section 6 amended 1 April 2005 YA 2 Income Tax Act 2004 by substituting the words Income Tax Act 2004 Income Tax Act 1994 Section 6 amended 1 April 2008 Income Tax Act 2007 Section 6 amended 1 April 2005 YA 2 Income Tax Act 2004 by substituting the words Income Tax Act 2004 Income Tax Act 1994 7: Repeal The State-Owned Enterprises Amendment Act 1988

DLM407230

1996

Taxation (Remedial Provisions) Act 1996

1: Short Title This Act may be cited as the Taxation (Remedial Provisions) Act 1996. 1: Amendments to Income Tax Act 1994 Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004 2: Income Tax Act 1994 Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004 3: Certain pensions, benefits, and other compensation exempt Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004 4: Meaning of term dividends Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004 5: Exclusion from term dividends Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004 6: Meaning of fringe benefit Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004 7: Election whether fringe benefit or dividend Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004 8: Expenditure incurred by superannuation funds Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004 9: New sections added Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004 10: Disposition of depreciable property Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004 11: Election to treat short term trade credit as financial arrangement Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004 12: Rules for calculating New Zealand group debt percentage Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004 13: Mode of elections Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004 14: Benefit given to associated person of employee Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004 15: Cross-border arrangements between associated persons Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004 16: Definition of specified exemption Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004 17: Low income rebate Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004 Section Coming into Force on 1 April 1997 This heading was repealed 2 September 1996 34(1) Taxation (Tax Credits, Trading Stock, and Other Remedial Matters) Act 1998 18: Low income rebate Subsection (3) amended 2 September 1996 34(2) Taxation (Tax Credits, Trading Stock, and Other Remedial Matters) Act 1998 by substituting the expression 1998 1997 Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004 Section Coming into Force on 1 April 1998 This heading was repealed 2 September 1996 34(3) Taxation (Tax Credits, Trading Stock, and Other Remedial Matters) Act 1998 19: Low income rebate Subsection (3) amended 2 September 1996 34(4) Taxation (Tax Credits, Trading Stock, and Other Remedial Matters) Act 1998 by substituting the expression 1999 1998 Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004 20: Special rules for holding companies Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004 21: Limits on refunds of tax Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004 22: Refund of income tax not to exceed amount of credit balance Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004 23: Debits arising to imputation credit account Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004 24: Consequential changes Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004 25: Non-resident withholding tax imposed Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004 26: Non-resident withholding tax on dividends not paid in money Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004 27: Liability to make deduction in respect of foreign withholding payment dividend Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004 28: Refund for overpayment and to company in loss Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004 29: Dividend withholding payments and consolidated groups Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004 30: Definitions Subsection (1)(j) (k) repealed 12 October 2001 77 New Zealand Superannuation Act 2001 Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004 31: References to income year in particular provisions Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004 32: References to particular regimes in former Act, etc Part 1 repealed 1 April 2005 YA 2 Income Tax Act 2004 2: Amendments to Income Tax Act 1976 33: Income Tax Act 1976 The Income Tax Act 1976 section YB 3 of the Income Tax Act 1994 34: Interpretation 1: In section 2 a: The following is added after the definition of petroleum mining company Portable guaranteed retirement income section 17 or section 19 of the Social Welfare (Transitional Provisions) Act 1990 : b: The following is added after the definition of portable guaranteed retirement income Portable national superannuation section 17 or section 19 of the Social Welfare (Transitional Provisions) Act 1990 : c: In the definition of portable New Zealand superannuation or section 19 section 17 d: In the definition of portable veteran's pension or section 19 section 17 e: In the definition of lease , and for the purposes of sections 107A, 108 to 108O, 111, 113A and 117 created 2: Subsection (1)(a) and (d) are deemed to have come into force on 1 April 1990. 3: Subsection (1)(b) is deemed to have come into force on 1 April 1992. 4: Subsection (1)(c) is deemed to have come into force on 1 April 1994. 5: Subsection (1)(e) is deemed to apply to the tax on the income derived in the 1993–94 or 1994–95 income years. 35: Annual depreciation deduction 1: After section 108(1) 1A: For the purposes of sections 107A, 108 to 108O, 111, 113A, and 117 of this Act a: The lessee incurs expenditure in erecting the fixture or making the improvement during that period; and b: The fixture or improvement is the property of the lessor. 1B: For the purposes of sections 107A, 108 to 108O, 111, 113A, and 117 of this Act a: The lessor is deemed not to own the fixture or improvement for the period during which the land is leased to the lessee; and b: The lessor is deemed not to own the fixture or improvement after that period except where the lessor incurs a cost in respect of it at the end of that period. 1C: For the purposes of subsection (1B) 1D: For the purposes of sections 107A, 108 to 108O, 111, 113A, and 117 a: The transferee pays an amount to the lessee in respect of a fixture or improvement erected by the lessee or a preceding lessee; and b: That fixture or improvement has been depreciated by the lessee,— the transferee is deemed to own the fixture or improvement. 1E: For the purposes of sections 107A, 108 to 108O, 111, 113A, and 117 of this Act a: The purchaser enters into an unconditional contract to purchase the property; and b: The contract is subject to the Sale of Goods Act 1908 c: Title to the property does not pass until the purchase price is paid in full; and d: The purchaser takes possession of the property before title to that property passes. 1F: Where subsection (1E) a: The purchaser enters into the contract; and b: The purchaser takes possession of the property— until title to the property passes to the purchaser or the property is repossessed by the vendor. 1G: Subsection (1E) and subsection (1F) . 2: Section 108(1B) of the Income Tax Act 1976 3: Subject to subsection (2), this section is deemed to apply to the tax on income derived in the 1993–94 or 1994–95 income year. 36: Gain or loss from disposition of depreciable property 1: After section 117(10)(a)(vi) vii: Cessation of deemed ownership of a fixture or improvement to which section 108(1A) . 2: After section 117(8) 8A: Where a purchaser has purchased depreciable property to which section 108(1E) of this Act 8B: In subsection (8A) net amount paid . 3: This section is deemed to apply with respect to the tax on income derived in the 1993–94 or 1994–95 income year. 37: Deductions where superannuation fund invests in another fund 1: After section 228(2C) 2D: Where the first superannuation fund has incurred expenditure of the type referred to in subsection (2C) subsection (2C)(d) 2E: If the balance of assessable income of the second superannuation fund in that later income year extends, in whole or in part, to the expenditure referred to in subsection (2D) 2F: If the balance of the assessable income of the second superannuation fund is not sufficient in that later income year for all of the expenditure referred to in subsection (2D) remaining expenditure 2G: If expenditure incurred in one or more income years is carried forward under subsection (2D) or subsection (2F) 2H: Subsection (2C)(d) and (e) subsection (2E) or (2F) 2I: Subsections (2D), (2E), (2F), (2G) and (2H) a: The first superannuation fund has funds invested in all or some of the second superannuation fund when the first superannuation fund incurs expenditure of the type referred to in subsection (2C) b: The first superannuation fund continues to have funds invested in all or some of the second superannuation fund when the expenditure of the first superannuation fund is deducted from the assessable income of the second superannuation fund. . 2: This section is deemed to have come into force on 1 April 1990. 38: Definition of specified exemption 1: In section 336E(1)(d) to a married person under clause 1(d) of the First Schedule to the Social Welfare (Transitional Provisions) Act 1990 rate payable 2: In section 336BA(1)(c) to a married person under clause 1(d) of the First Schedule to the Social Welfare (Transitional Provisions) Act 1990 rate payable 3: Subsection (1) is deemed to apply to income years commencing on or after 1 April 1992. 4: Subsection (2) is deemed to apply to the income year commencing on 1 April 1991. 3: Amendments to Tax Administration Act 1994 39: Tax Administration Act 1994 The Tax Administration Act 1994 40: Commencement 1: This Part, except section 41 2: Section 41 41: Records of specified charitable, benevolent, philanthropic, or cultural bodies Section 32 32: 1: All gift-exempt bodies must keep in New Zealand sufficient records in the English language to enable the Commissioner to determine both the sources of donations made to them and the application, within New Zealand or within a country or territory outside New Zealand, of their funds. 2: Notwithstanding subsection (1), the Commissioner, in writing, may authorise a gift-exempt body to keep those records in a language other than English if the gift-exempt body applies in writing to the Commissioner for the authorisation. . 42: Certain rights of objection not conferred In section 125 a: In paragraph (d), section CB 5(g) section CB 5(1)(g) b: Paragraph (j)(iii) is replaced by: iii: Any of sections CF 6, HK 7, HK 11, HK 18, HK 24, HK 26, IB 1, LC 1 to LC 3, LC 7, LC 13 to LC 15, MD 1, and OB 2 of the Income Tax Act 1994 sections 33, 89, and 184 of the Tax Administration Act 1994 : c: In paragraph (j)(iv), 106 to 111 106, 107, 109 to 111 43: Commissioner and Department Section 228 228: The person who, on 1 April 1995, holds office as Commissioner of Inland Revenue is deemed to have been appointed Commissioner of Inland Revenue under section 6A . 44: Consequential changes 1: In section 81(1)(b) or a Deputy Commissioner, or a Regional Controller, or a District Commissioner, or an officer of the Department, 2: Wherever they occur in section 110(1) a Regional Controller or a District Commissioner Regional Controller or District Commissioner an officer of the Department 3: Wherever they occur in section 118 a District Commissioner District Commissioner an officer of the Department 4: Wherever it occurs in section 229(4) a Deputy Commissioner of Inland Revenue an officer of the Department 5: In section 229(6) a District Commissioner of Inland Revenue an officer of the Department 4: Amendment to Student Loan Scheme Act 1992 45: Part to be read with Student Loan Scheme Act 1992 1: This Part of this Act shall be read together with and deemed part of the Student Loan Scheme Act 1992 2: This Part comes into force on the day on which this Act receives the Royal assent. 46: Special deduction rates Section 21 1: If a borrower wishes to vary the standard deduction rate, the borrower may apply by notice in writing to the Commissioner for the issue of a special repayment deduction rate certificate that takes into account the greater of— a: The borrower's estimated repayment obligation for the income year; or b: Some other amount required by the borrower. . 5: Amendments to Goods and Services Tax Amendment Act (No 2) 1995 47: Goods and Services Tax Amendment Act (No 2) 1995 The Goods and Services Tax Amendment Act (No 2) 1995 48: Interpretation 1: Section 2(5) section 2(1) 5: Subsection (2) of this section does not apply where— a: There is a supply by way of sale under an unconditional contract entered into before 21 June 1995 or a conditional contract entered into before 21 June 1995 that became unconditional before that date; and b: No return was furnished on or before 21 June 1995 for the taxable period in which payment for the supply was made. . 2: This section is deemed to have come into force on 21 June 1995. 49: Meaning of term supply 1: Section 3(3) section 5 3: Notwithstanding subsection (2)(b)(i) of this section, this section does not apply where— a: There is a supply by way of sale under an unconditional contract entered into before 11 August 1995 or a conditional contract entered into before 11 August 1995 that became unconditional before that date; and b: No return was furnished on or before 11 August 1995 for the taxable period in which payment was made. . 2: This section is deemed to have come into force on 11 August 1995. 6: Amendments to Goods and Services Tax Act 1985 Part 6 repealed 1 April 2005 YA 2 Income Tax Act 2004 50: Goods and Services Tax Act 1985 Part 6 repealed 1 April 2005 YA 2 Income Tax Act 2004 51: District Commissioner Part 6 repealed 1 April 2005 YA 2 Income Tax Act 2004 52: Meaning of term supply Part 6 repealed 1 April 2005 YA 2 Income Tax Act 2004 53: Imposition of goods and services tax on imports Part 6 repealed 1 April 2005 YA 2 Income Tax Act 2004 54: Consequentials Part 6 repealed 1 April 2005 YA 2 Income Tax Act 2004 7: Consequential amendments to Taxation (Core Provisions) Act 1996 55: Taxation (Core Provisions) Act 1996 The Taxation (Core Provisions) Act 1996 56: Commencement This Part comes into force on 1 April 1997. 57: Expenditure incurred by superannuation funds In section 100 DI 3(2)(d) does not exceed the following amount: does not exceed the following amount (referred to in this section as the deduction balance 58: Expenditure incurred by superannuation funds In section 100 section DI 3(2) 3: Where the first superannuation fund has incurred expenditure of the type referred to in subsection (2) and the deduction balance in the income year in which the expenditure is incurred does not exceed the expenditure incurred, the expenditure not so deducted by the second superannuation fund in that year may be carried forward by the first superannuation fund to the succeeding income year. 4: If the deduction balance in the succeeding income year extends, in whole or in part, to the expenditure carried forward under subsection (3), the expenditure may, at the election of the first superannuation fund, be treated as if it were expenditure incurred by the second superannuation fund in gaining or producing gross income in that later income year to the extent of the deduction balance. 5: When the deduction balance in a succeeding income year is less than the expenditure carried forward under subsection (3), the expenditure not deducted (in this subsection referred to as the remaining expenditure 6: When the deduction balance extends, in whole or in part, to the remaining expenditure, the remaining expenditure (or the extent to which the deduction balance extends in the succeeding income year) may at the election of the first superannuation fund be treated as if it is expenditure incurred by the second superannuation fund in gaining or producing gross income in the income year to which the election refers. 7: If expenditure incurred in one or more income years is carried forward under subsection (3) or subsection (5) and an election is made by the first superannuation fund in a later income year to treat that expenditure in the manner referred to in that subsection, the expenditure must be deducted sequentially in accordance with the income years in which that expenditure was incurred by the first superannuation fund. 8: Subsection (2)(d) and (e) apply if the first superannuation fund makes an election under subsection (4), (5), or (6). 9: Subsections (3) to (8) a: The first superannuation fund has funds invested in all or part of the second superannuation fund when the first superannuation fund incurs expenditure of the type referred to in subsection (2); and b: The first superannuation fund has at all times between the time referred to in paragraph (a) and the time when the expenditure of the first superannuation fund is deducted from the gross income of the second superannuation fund its funds invested in whole or in part in the second superannuation fund. . 59: Non-resident withholding tax imposed In section 375, section NG 2(1)(a) a: At the rate of 30% of so much of that non-resident withholding income that consists of dividends, other than investment society dividends or supplementary dividends payable as a result of Part LE . 60: Definitions In Schedule 1, paragraph (a)(i) of the definition of expenditure on account of an employee i: The whole or part of a payment that is exempt income under section CB 12(1)(a) or (2) .

DLM403212

1996

Airport Authorities Amendment Act 1996

1: Short Title and commencement 1: This Act may be cited as the Airport Authorities Amendment Act 1996, and shall be read together with and deemed part of the Airport Authorities Act 1966 2: This Act shall come into force on a date to be appointed by the Governor-General by Order in Council; and one or more Orders in Council may be made bringing different provisions into force on different dates. 2: Powers of Crown and local authorities 1: This subsection amended s 3A(1) 2: This subsection amended s 3A(5) 3: Provisions relating to holding of securities by Minister This section substituted s 3AA(1) 4: References to Minister of Civil Aviation and Meteorological Services Unless the context otherwise requires, every reference in— a: Any contract, agreement, deed, or instrument entered into, made, or executed under section 3A 3AA b: Any form, notice, or other document issued, given, or signed under section 3A 3AA to the Minister of Civil Aviation and Meteorological Services shall be read as a reference to the Minister for State-Owned Enterprises. 5: Accounts and annual report The principal Act is hereby amended by repealing section 3B section 42 Public Finance Amendment Act 1992 section 2 Company Law Reform (Transitional Provisions) Act 1994 6: Powers of airport companies under Companies Act not affected Section 3C section 2 Company Law Reform (Transitional Provisions) Act 1994 sections 3B(2) section 7: Leasing powers of airport authorities This section amended s 6(7) 8: Bylaws 1: This subsection amended s 9(1)(h) (i) 2: This subsection amended s 9(7)

DLM403235

1996

Wellington Airport Amendment Act 1996

1: Short Title and commencement 1: This Act may be cited as the Wellington Airport Amendment Act 1996, and shall be read together with and deemed part of the Wellington Airport Act 1990 2: This Act shall come into force on a date to be appointed by the Governor-General by Order in Council. 2: Interpretation This section substituted the definition of the term Ministers 2 3: Vesting of airport assets and airport liabilities in company This section amended s 7(2)(d) 4: Supply of information This section amended s 13(1) 5: References to Minister of Civil Aviation and Meteorological Services Unless the context otherwise requires, every reference in— a: Any contract, agreement, deed, or instrument entered into, made, or executed under the principal Act before the commencement of this Act; or b: Any form, notice, or other document issued, given or signed under the principal Act before the commencement of this Act,— to the Minister of Civil Aviation and Meteorological Services shall be read as a reference to the Minister for State-Owned Enterprises.

DLM372884

1996

Conservation Amendment Act 1996

1: Short Title and commencement 1: This Act may be cited as the Conservation Amendment Act 1996, and shall be read together with and deemed part of the Conservation Act 1987 2: Sections 2(2) 2(5) 3 4 5 6 7 14 15 32 33 34(1) 34(3) 34(4) 37 39 40 41 42 43 47 3: Section 24 4: Except as provided in subsections (2) (3) 2: Interpretation 1: This subsection repealed the definition of the term District Anglers Notice s 2(1) 2: This subsection substituted the definitions of the terms lease licence lessee licensee s 2(1) 3: This subsection inserted the definitions of the terms Anglers Notice Contaminant Game hunting guide Sports fishing guide Wildlife s 2(1) 4: This subsection inserted the definitions of the terms Activity Certified aerodrome Concession concession document Concessionaire Effect Permit s 2(1) 3: Access to conservation areas 1: This subsection substituted s 17 2: The following enactments are hereby consequentially repealed: a: Section 2(1) of the Conservation Amendment Act 1988 b: Section 12 Conservation Law Reform Act 1990 4: Conservation management strategies Section 17D(8) section 13(1) Conservation Law Reform Act 1990 have regard to any relevant concessions for the time being in force and to 5: Conservation management plans Section 17E(9) section 13(1) Conservation Law Reform Act 1990 have regard to any relevant concessions for the time being in force and to 6: Effect of general policies, conservation management strategies, and management plans Section 17N section 13(1) Conservation Law Reform Act 1990 subsection (3) 7: New Part 3B inserted 1: This subsection inserted Part 3B ss 17O to 17ZJ 2: Where any person lawfully occupied any conservation area at the commencement of this Act in accordance with any right lawfully granted on or before 1 April 1987 under any Act or any contract made on or before 1 April 1987 then, notwithstanding sections 17U 17W subsection (1) 3: Where any concession is granted under subsection (2) 4: The provisions of section 17T(4) (5) subsection (2) 5: The following enactments are hereby consequentially repealed: a: Sections 14 15 b: Sections 8 9 Conservation Law Reform Act 1990 6: The policy approved by the Minister of Conservation on 20 October 1994 under section 17B Policy of the Minister of Conservation on Concessions for Recreation and Tourism Business Operations in Reserves and Conservation Areas 8: New sections inserted This section inserted ss 23A 23B 9: Marginal strips reserved This section amended s 24 10: Power to reduce width of marginal strip This section amended s 24A 11: Power to increase width of marginal strip This section inserted s 24AA 12: Notification of intention to reduce marginal strip This section inserted s 24BA 13: Reservation of marginal strips to be recorded This section amended s 24D 14: Application of Part 3B This section inserted section 26(8) 15: Repeals 1: This subsection repealed sections 24I section 15 Conservation Law Reform Act 1990 31 32 2: The following enactments are hereby consequentially repealed: a: Section 20 Conservation Law Reform Act 1990 b: So much of Part 1 Resource Management Act 1991 section 31 16: Functions of New Zealand Fish and Game Council This section amended s 26C 17: Functions of Fish and Game Councils This section amended s 26Q 18: Fish and Game Council responsibilities This section amended s 26R 19: Membership This section amended s 26U 20: Eligibility to vote This section substituted s 26Y(1) 21: Term of office of members of Fish and Game Council This section amended s 26ZA(2) 22: No remuneration payable to members This section inserted s 26ZF 23: Application of Part This section amended s 26ZG 24: New sections inserted The principal Act is hereby amended by inserting, after section 26ZJ section 17 Conservation Law Reform Act 1990 26ZJA: Sports fishing guides 1: No person shall act as a sports fishing guide unless he or she holds a current sports fishing guide licence. 2: Every person commits an offence and is liable to a fine not exceeding $5,000 who contravenes subsection (1) of this section 26ZJB: Use of gaffs prohibited 1: No person shall use a gaff to take any freshwater fish unless permitted to do so by an Anglers Notice. 2: Every person commits an offence and is liable to a fine not exceeding $5,000 who contravenes subsection (1) of this section 25: Restrictions on fishing This section amended s 26ZL 26: Transfer or release of live aquatic life This section amended s 26ZM 27: Fishing rights not to be sold or let This section substituted s 26ZN 28: Occupier may fish without licence This section amended s 26ZO 29: Buying, selling, or possessing fish, contrary to Act This section inserted s 26ZQ(1A) 30: Using explosives, etc, to catch or destroy fish This section amended s 26ZR 31: Resources other than land This section amended s 28(3) 32: Taking of plants 1: This subsection substituted s 30(1)(a) s 30(1)(aa) 2: This subsection repealed s 30(1)(c) (5) 3: Section 19(3) Conservation Law Reform Act 1990 33: Production of concession, etc, on demand This section amended s 37 34: Other offences in respect of conservation areas 1: This subsection amended s 39(1) 2: This subsection amended s 39(1) 3: This subsection inserted s 39(1)(ba) 4: This subsection inserted s 39(1)(ca) 5: This subsection amended s 39 6: This subsection amended s 39 7: This subsection amended s 39 8: This subsection amended s 39 9: This subsection amended s 39 10: Section 2(2) of the Conservation Amendment Act 1988 35: Forfeiture of property This section amended s 46(7A)(b) 36: Special regulations relating to freshwater fisheries This section amended s 48A(1) 37: Consent or approval may be conditional This section substituted s 51 38: Powers of Director-General This section amended s 53 39: Director-General may recover certain costs This section amended s 60B(1) (4)(a) 40: Indirect applications This section amended s 60C(b) (c) 41: Royalties, etc, may be required in certain circumstances This section amended s 60D(1)(a) (b)(i) 42: Certain former State forest land to become protected area on commencement of Act This section amended s 61(10) 43: Certain land to be managed as if it is stewardship area This section amended s 62(2) section 2(8) of the Conservation Amendment Act 1988 44: Certain land may become protected area without public notification This section inserted s 63(2) to (9) 45: Existing leases, licences, etc This section amended s 64 46: New Schedule 4 This section inserted Schedule 4 47: Transitional provisions relating to existing leases, etc Every application made before the commencement of Part 3B section 7 a: Where the application has been publicly notified in accordance with section 14 15 b: Where the application has not been publicly notified in accordance with section 14 15 Part 3B c: Where the application is for a permit, or the application is for a lease or licence or easement but does not require public notification under the principal Act, be dealt with under the said Part 3B 2: Except as provided in section 17W Part 3B

DLM391363

1996

New Zealand Institute of Chartered Accountants Act 1996

1: Short Title and commencement 1: This Act may be cited as the New Zealand Institute of Chartered Accountants 2: Except as provided in subsection (3), this Act shall come into force on 1 October 1996. 3: Subsections (3) and (4) of section 21 4: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 1(3) brought into force 5 April 2002 clause 2 Institute of Chartered Accountants of New Zealand Act Commencement Order 2002 Section 1(1) amended 7 July 2010 section 5(2) New Zealand Institute of Chartered Accountants Amendment Act 2010 Section 1(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 2: Interpretation In this Act, unless the context otherwise requires,— Appeals Council section 6(1)(h) certificate of public practice chartered accountant code section 7 Council section 6(1)(a) disciplinary body body Disciplinary Tribunal section 6(1)(g) document Executive Board section 6(1)(e) Institute New Zealand Institute of Chartered Accountants member Professional Conduct Committee section 6(1)(f) Registrar registration rules section 6 Society New Zealand Society of Accountants Act 1958 specified association section 8A Section 2 Executive Board inserted 25 November 2014 section 4 New Zealand Institute of Chartered Accountants Amendment Act 2014 Section 2 Institute amended 7 July 2010 section 6 New Zealand Institute of Chartered Accountants Amendment Act 2010 Section 2 specified association inserted 25 November 2014 section 4 New Zealand Institute of Chartered Accountants Amendment Act 2014 2A: Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1AA Section 2A inserted 25 November 2014 section 5 New Zealand Institute of Chartered Accountants Amendment Act 2014 3: Act to bind the Crown This Act binds the Crown. New Zealand Institute of Chartered Accountants Heading substituted 7 July 2010 section 7 New Zealand Institute of Chartered Accountants Amendment Act 2010 4: Continuation of Society as Institute 1: The body corporate existing under the name of the New Zealand Society of Accountants immediately before the day on which this section comes into force continues on and after that day under the name New Zealand Institute of Chartered Accountants 2: The Institute is a body corporate with perpetual succession and a common seal, and has and may exercise all the rights, powers, and privileges, and may incur all the liabilities and obligations, of a natural person of full age and capacity. 3: The Institute shall have members in accordance with the rules and this Act; but membership does not of itself— a: impose on the members any liability in respect of any contract, debt, or other obligation made or incurred by the Institute; or b: confer on the members any right, title, or interest in the property of the Institute. Section 4(1) amended 7 July 2010 section 8 New Zealand Institute of Chartered Accountants Amendment Act 2010 5: Functions of Institute The functions of the Institute are— aa: to carry out the duty imposed under section 5A a: to promote quality, expertise, and integrity in the profession of accountancy by its members in New Zealand: b: to promote the profession of accountancy by its members in New Zealand: c: to promote the training, education, and examination of persons practising, or intending to practise, the profession of accountancy in New Zealand or elsewhere: d: any other functions that are conferred on it by the rules. Section 5(aa) inserted 25 November 2014 section 6(1) New Zealand Institute of Chartered Accountants Amendment Act 2014 Section 5(b) replaced 25 November 2014 section 6(2) New Zealand Institute of Chartered Accountants Amendment Act 2014 5A: Duty to control and regulate profession of accountancy practised by members in New Zealand 1: The Institute must, with reasonable skill and care, control and regulate the practice of the profession of accountancy by its members in New Zealand. 2: The duty under subsection (1) includes— a: maintaining, complying with, monitoring compliance with, and enforcing the rules referred to in section 6(1)(f) to (ja) b: maintaining, monitoring members' compliance with, and enforcing professional and ethical standards, including the code of ethics required by section 7 c: monitoring members' compliance with the Auditor Regulation Act 2011 d: monitoring compliance with, and enforcing, section 14 e: complying with the Institute's duties— i: as an accredited body under the Auditor Regulation Act 2011 ii: that are imposed on the Institute (by name) under any other enactment. Section 5A inserted 25 November 2014 section 7 New Zealand Institute of Chartered Accountants Amendment Act 2014 5B: Institute must perform duty to control and regulate profession but may delegate other functions 1: The Institute must not delegate the duty under section 5A 2: The Institute may delegate the functions specified in section 5(a), (b), (c), and (d) section 5A 3: Subsection (2) is subject to subsection (1). Section 5B inserted 25 November 2014 section 7 New Zealand Institute of Chartered Accountants Amendment Act 2014 5C: Specified association may act in its own interests rather than Institute's interests 1: This section applies to the specified association if any functions referred to in section 5B(2) 2: The specified association may, when performing a delegated function, act in a manner that the association believes is in the best interests of the association (or its members) even though it may not be in the best interests of the Institute (or the Institute's members). 3: Subsection (2) does not permit the specified association to act in a manner that may materially prejudice the Institute's ability to carry out the duty imposed under section 5A Section 5C inserted 25 November 2014 section 7 New Zealand Institute of Chartered Accountants Amendment Act 2014 6: Rules of Institute 1: The Institute must have rules that provide for— a: a Council of the Institute and the powers of the Council; and b: the admission of members of the Institute and the cessation of membership; and ba: the entitlement of members to use the designation chartered accountant; and c: the summoning and holding of general meetings of the Institute, and the method of voting at those meetings; and d: e: an Executive Board of the Institute; and f: a Professional Conduct Committee to investigate complaints against members and former members of the Institute and the powers and procedure of that Committee; and g: a Disciplinary Tribunal to hear complaints and matters referred to it by the Professional Conduct Committee and the powers and procedure of that Tribunal; and h: an Appeals Council to hear appeals from decisions of the Disciplinary Tribunal and the powers and procedure of that Council; and i: the kinds of conduct, including criminal offences, professional misconduct, and financial misconduct, for which a member or former member may be disciplined; and j: the actions that may be taken in respect of, and the penalties that may be imposed on, a member or former member by the Professional Conduct Committee or a disciplinary body for such conduct; and ja: the recognition of persons for the purposes of sections 36(1)(a) 36C jb: the powers of a person to whom functions are delegated under section 5B(2) k: the amendment and replacement of the rules. 2: In addition to the provisions required by subsection (1), the rules may contain any other provisions that are not inconsistent with this Act or any other Act or any rule of law. 3: The Council must, no later than 14 days after the day on which this Act comes into force, deliver to the Registrar for registration a document described as, and which shall constitute, the rules of the Institute. 4: The Executive Board 5: Rules under this section (except for rules under subsection (1)(c), (e), or (jb)) are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It is not required to be published LA19 s 73(2) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 6(1)(ba) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 6(1)(d) repealed 25 November 2014 section 8(1) New Zealand Institute of Chartered Accountants Amendment Act 2014 Section 6(1)(ja) inserted 1 July 2015 section 8(2) New Zealand Institute of Chartered Accountants Amendment Act 2014 Section 6(1)(jb) inserted 1 July 2015 section 8(2) New Zealand Institute of Chartered Accountants Amendment Act 2014 Section 6(4) amended 25 November 2014 section 8(3) New Zealand Institute of Chartered Accountants Amendment Act 2014 Section 6(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 7: Code of ethics 1: The Institute must always have a code of ethics that governs the professional conduct of its members. 2: The code of ethics must be prescribed by the Executive Board 3: 4: The Executive Board 5: The Executive Board 6: The code of ethics prescribed by the Council and that is in force immediately before the commencement of this subsection continues in force and may be amended, revoked, or replaced by the Executive Board under subsection (4). 7: The code of ethics is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It is not required to be published LA19 s 73(2) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 7(2) amended 25 November 2014 section 9(1) New Zealand Institute of Chartered Accountants Amendment Act 2014 Section 7(3) repealed 25 November 2014 section 9(2) New Zealand Institute of Chartered Accountants Amendment Act 2014 Section 7(4) amended 25 November 2014 section 9(1) New Zealand Institute of Chartered Accountants Amendment Act 2014 Section 7(5) amended 25 November 2014 section 9(1) New Zealand Institute of Chartered Accountants Amendment Act 2014 Section 7(6) inserted 25 November 2014 section 9(3) New Zealand Institute of Chartered Accountants Amendment Act 2014 Section 7(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 7A: Membership rules may require membership of specified association 1: The rules that relate to the matters referred to in section 6(1)(b) a: that a person may be admitted as a member of the Institute only if the person is a member of the specified association: b: that a person ceases to be a member of the Institute if the person— i: does not become a member of the specified association in accordance with the rules; or ii: ceases to be a member of the specified association. 2: Those rules may provide for a cessation referred to in subsection (1)(b) to be automatic or to occur after a specified process. 3: This section does not limit section 6(1)(b) Section 7A inserted 25 November 2014 section 10 New Zealand Institute of Chartered Accountants Amendment Act 2014 8: Application of Part 3 of Legislation Act 2012 to certain rules and code of ethics Section 8 repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Provisions concerning specified association Heading inserted 25 November 2014 section 12 New Zealand Institute of Chartered Accountants Amendment Act 2014 8A: Specified association 1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Commerce, declare an association of accountants to be the specified association for the purposes of this Act. 2: The Minister of Commerce may make a recommendation under subsection (1) only after consulting the Institute. 3: In this section, association of accountants 4: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 8A inserted 25 November 2014 section 12 New Zealand Institute of Chartered Accountants Amendment Act 2014 Section 8A(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 8B: Members of Council or Executive Board may act in best interests of specified association rather than Institute 1: This section applies to a person ( A a: the Council: b: the Executive Board. 2: A may, when exercising powers or performing duties as a member of the Council or the Executive Board, if expressly permitted to do so by the rules of the Institute, act in a manner that he or she believes is in the best interests of the specified association (or its members) even though it may not be in the best interests of the Institute (or the Institute's members). 3: Subsection (2) does not permit A to act in a manner that may materially prejudice the Institute's ability to carry out the duty imposed under section 5A Section 8B inserted 25 November 2014 section 12 New Zealand Institute of Chartered Accountants Amendment Act 2014 Matters relating to disciplining of members 9: Professional Conduct Committee and disciplinary bodies to observe rules of natural justice In the exercise of their functions and powers, the Professional Conduct Committee and each disciplinary body shall observe the rules of natural justice. 10: Evidence at hearings of disciplinary bodies 1: A disciplinary body may— a: receive evidence on oath (and for that purpose an officer or employee of the Institute, or a member of the disciplinary body, may administer an oath); and b: permit a person appearing as a witness before it to give evidence by tendering a written statement and verifying that statement by oath. 2: A hearing before a disciplinary body is a judicial proceeding for the purposes of section 109 11: Disciplinary bodies may summon witnesses 1: A District Court Judge may, on the application of a party to proceedings before a disciplinary body, give a certificate authorising the disciplinary body to issue a summons under this section. 2: A District Court Judge shall not give a certificate under subsection (1) unless satisfied that— a: the evidence of the witness is or may be material to the hearing of a matter by the disciplinary body; and b: it is necessary or desirable that the summons be issued to compel the attendance of the witness at the hearing. 3: A disciplinary body shall, on production of a certificate referred to in subsection (1), issue a summons in writing, signed by a member of the disciplinary body, requiring a person specified in the summons to attend a hearing of the disciplinary body at the time and place specified in the summons and do all or any of the following at the hearing: a: give evidence: b: give evidence under oath: c: produce documents, things, or information or any specified documents, things, or information in the possession or control of that person that are relevant to the hearing. 4: A disciplinary body may require that any documents or information produced under this section be verified by oath, statutory declaration, or otherwise. 5: A disciplinary body may— a: require that copies of any documents or information produced under this section must also be provided to any person appearing at the hearing; and b: impose any terms and conditions in respect of the provision of copies of any documents or information to a person appearing at the hearing and the use that may be made of them. 6: A summons may be served— a: by delivering it to the person summoned; or b: by posting it to the person summoned at that person’s usual place of residence. 7: A summons must,— a: if it is to be served under subsection (6)(a), be served at least 24 hours before the attendance of the witness is required: b: if it is to be served under subsection (6)(b), be served at least 10 days before the attendance of the witness is required. 8: A summons that is posted shall be treated as having been served when it would have been served in the ordinary course of post. 9: There shall be paid or tendered to the witness by the person requiring the attendance of the witness at the time the summons is served, or at some other reasonable time before the hearing, the sum estimated to be payable to that witness for fees, allowances, and expenses in accordance with the scales for the time being prescribed by regulations under the Criminal Procedure Act 2011 Section 11(9) amended 1 July 2013 section 413 Criminal Procedure Act 2011 12: Protection for members of disciplinary bodies and others 1: No action shall lie against a member of the Professional Conduct Committee or a disciplinary body in exercising, in good faith, any power or function under this Act or the rules. 2: Every person who— a: provides documents, things, or information to the Professional Conduct Committee; or b: produces documents or things to a disciplinary body; or c: gives evidence or answers questions at a hearing of a disciplinary body— has the same privileges as witnesses have in a court. 3: Every counsel appearing before a disciplinary body has the same privileges and immunities as counsel in a court. 13: Enforcement of orders 1: Where the Professional Conduct Committee or a disciplinary body, acting in accordance with this Act or the rules, makes an order or otherwise exercises any power in respect of any person who is or was a member of the Institute, that order or other exercise of any power has effect whether or not that person remains a member of the Institute. 2: Where the Professional Conduct Committee or a disciplinary body, acting in accordance with this Act or the rules, orders any person who is or was a member of the Institute to pay a penalty, expenses, or other monetary amount to the Institute, that amount is recoverable by the Institute from that person as a debt due to the Institute, whether or not that person remains a member of the Institute. Offences 14: Improper use of terms implying membership of Institute 1: Every person commits an offence who,— a: not being a member of the Institute, uses in connection with his or her business, employment, or profession any written words, initials, or abbreviations of words intended to cause or which may reasonably cause any other person to believe that the person is a member of the Institute; or b: not being entitled to do so under the rules, describes himself or herself in writing as a chartered accountant or a chartered accountant in public practice or an associate chartered accountant or an associate chartered accountant in public practice or an accounting technician; or c: not being a member of the Institute, describes himself or herself in writing as a registered accountant, unless it is proved that the manner and circumstances in which the description was given were such as to raise no reasonable inference that it was referring to membership of the Institute; or d: not being entitled to do so under the rules, uses in connection with his or her name, or with the name under which he or she carries on business, the initials CA, ACA, FCA, FACA, CA (PP), ACA (PP), or AT or an abbreviation of the words chartered accountant, associate chartered accountant, registered accountant, or accounting technician, or any combination of any such initials or abbreviations, unless it is proved that the manner and circumstances in which the initials or abbreviations were used were such as to raise no reasonable inference that they were referring to membership of the Institute. 2: Every person who commits an offence against subsection (1) is liable on Section 14(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 15: Accountants and auditors must be qualified Section 15 repealed 1 July 2015 section 13 New Zealand Institute of Chartered Accountants Amendment Act 2014 16: Failure to comply with summons of disciplinary body 1: Every person summoned under section 11 a: fails to attend in accordance with the summons: b: does not give evidence when required to do so: c: does not give evidence under oath when required to do so: d: does not answer any question that is lawfully asked by the disciplinary body: e: does not provide any documents, things, or information the summons requires that person to provide. 2: A person summoned to attend a hearing of a disciplinary body shall not be convicted of an offence against subsection (1) of this section unless witnesses expenses are paid or tendered to that person in accordance with section 11(9) 3: Every person who commits an offence against this section is liable on Section 16(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Appointment of agent to conduct practice of sole practitioner 17: Agent may be appointed to conduct sole practitioner’s practice 1: Notwithstanding any other enactment or rule of law, an agent may be appointed, in accordance with the provisions of Schedule 1 2: Every power of attorney given in accordance with the provisions of the New Zealand Society of Accountants Amendment Act 1968 Schedule 1 Miscellaneous provisions 18: References to Society Every reference to the Society in any enactment or document shall, unless the context otherwise requires, be read as a reference to the Institute. 18A: References to Institute of Chartered Accountants of New Zealand A reference in an enactment or in a document to the Institute of Chartered Accountants of New Zealand must, unless the context otherwise requires, be read as a reference to the New Zealand Institute of Chartered Accountants. Section 18A inserted 7 July 2010 section 9 New Zealand Institute of Chartered Accountants Amendment Act 2010 19: References to chartered accountants Every reference in any enactment to a— a: chartered accountant; or b: chartered accountant in public practice; or c: chartered accountant who holds a certificate of public practice,— in relation to the holding of any office (including the office of auditor), the performance of any function, the exercise of any power, or acting in any particular capacity, shall, unless the context otherwise requires, be read as a reference to a chartered accountant (within the meaning of section 2 20: Fees payable to Registrar 1: The Governor-General may from time to time, by Order in Council, make regulations prescribing fees payable to the Registrar for registration of documents under this Act. 2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 20(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 21: Fidelity fund Section 21 repealed 25 November 2014 section 14 New Zealand Institute of Chartered Accountants Amendment Act 2014 22: Transitional provision relating to disciplinary proceedings Section 22 repealed 25 November 2014 section 14 New Zealand Institute of Chartered Accountants Amendment Act 2014 23: Amendments to other Acts Section 23 repealed 25 November 2014 section 14 New Zealand Institute of Chartered Accountants Amendment Act 2014 24: Repeals Section 24 repealed 25 November 2014 section 14 New Zealand Institute of Chartered Accountants Amendment Act 2014

DLM406374

1996

Superannuation Schemes Amendment Act 1996

1: Short Title and commencement 1: This Act may be cited as the Superannuation Schemes Amendment Act 1996, and shall be read together with and deemed part of the Superannuation Schemes Act 1989 2: Subject to subsection (3) 3: This Act shall come into force on the 1st day of October 1997 if no Order in Council is made under subsection (2) 2: Rights to information before becoming member of registered superannuation scheme Section 16 2: This section does not apply in respect of a person who is provided with an investment statement that relates to the registered superannuation scheme concerned and complies with the Securities Act 1978 Securities Act 1978 3: Members' rights to information Section 17 2: Nothing in this section limits sections 54A and 54B Securities Act 1978

DLM392948

1996

Tax Administration Amendment Act (No 2) 1996

1: Short Title This Act may be cited as the Tax Administration Amendment Act (No 2) 1996, and shall be read together with and deemed part of the Tax Administration Act 1994 2: Application date for provisions in this Act 1: Except as otherwise provided in this Act, the provisions of this Act apply with respect to tax obligations, liabilities, and rights that are to be performed under or arise in respect of— a: The Income Tax Act 1994 b: The Goods and Services Tax Act 1985 c: The Estate and Gift Duties Act 1968 d: The Gaming Duties Act 1971 e: The Stamp and Cheque Duties Act 1971 i: Every instrument of conveyance executed; and ii: Every bill of exchange made, drawn, or prepaid under section 81 82 83 iii: Every liable transaction entered into— on or after 1 April 1997. 2: Sections 5 9 to 15 16(1) (2) 18 to 34 37 to 42 47 55 65 3: Where— a: A provision of this Act amends, inserts, or repeals a provision ( the relevant provision b: The relevant provision is referred to in, or necessary for the purposes of, another provision ( the other provision c: The other provision is amended, inserted, or repealed by this Act with effect on and after an application date that is not the same as the general application date for the relevant provision,— the provision of this Act that amends, inserts, or repeals the relevant provision has, for all purposes in regard to the other provision, the same application date as the other provision. 3: Interpretation This section substantially amended, as from 1 October 1996, s 3 4: Construction of certain provisions This section inserted, as from 1 October 1996, s 4A 5: Authorisation to take securities This section inserted, as from 1 October 1996, s 7A 6: New Part 2A This section inserted, as from 1 October 1996, Part 2A 15A 15B 7: Court orders for production of information or return This section inserted, as from 1 October 1996, s 17A 8: Privilege for confidential communication between legal practitioners and their clients Section 20 subsection (1) (4) 200, 213, and 214 143(1)(b), 143A(1)(b), 143B(1)(b), and 143F 9: Information requisitions in relation to offshore payments This section amended, as from 1 October 1996, s 21 10: Commissioner may, in certain cases, demand special returns and make special assessments This section amended, as from 1 October 1996, s 44(3) 11: New Part 4A This section inserted, as from 1 October 1996, Part 4A 89A to 89M 12: Determinations in relation to financial arrangements This section repealed, as from 1 October 1996, s 90(4) (5) 13: Determinations in relation to petroleum mining operations This section repealed, as from 1 October 1996, s 91(4) (5) (7) 14: Commissioner to make assessments, determinations of loss, and other determinations 1: This subsection amended, as from 1 October 1996, s 92(2) 2: This subsection amended, as from 1 October 1996, s 92(5) 15: Assessment of fringe benefit tax 1: This subsection amended, as from 1 October 1996, s 93(1) 2: This subsection amended, as from 1 October 1996, s 93(3) 16: Assessment of qualifying company election tax and late payment penalty 1: This subsection substituted, as from 1 October 1996, s 94(1) 2: This subsection amended, as from 1 October 1996, s 94(3) 17: New sections inserted This section inserted, as from 1 October 1996, ss 94A 94B 18: Assessment of withdrawal tax 1: This subsection amended, as from 1 October 1996, s 95(1) 2: This subsection amended, as from 1 October 1996, s 95(3) 19: Assessment of New Zealand superannuitant surcharge 1: This subsection amended, as from 1 October 1996, s 96(1) 2: This subsection amended, as from 1 October 1996, s 96(3) 20: Assessment of imputation penalty tax 1: This subsection amended, as from 1 October 1996, s 97(2) 2: This subsection amended, as from 1 October 1996, s 97(4) 21: Assessment of specified superannuation contribution withholding tax 1: This subsection amended, as from 1 October 1996, s 98(1) 2: This subsection amended, as from 1 October 1996, s 98(3) 22: Assessment of resident withholding tax deductions 1: This subsection amended, as from 1 October 1996, s 99(1) 2: This subsection amended, as from 1 October 1996, s 99(3) 23: Assessment of non-resident withholding tax 1: This subsection amended, as from 1 October 1996, s 100(1) 2: This subsection amended, as from 1 October 1996, s 100(4) 24: Assessment of further income tax 1: This subsection amended, as from 1 October 1996, s 101(1) 2: This subsection amended, as from 1 October 1996, s 101(3) Subsection (2)(b) repealed 1 October 1996 121(1) Taxation (Remedial Provisions) Act 1997 25: Assessment of dividend withholding payment 1: This subsection amended, as from 1 October 1996, s 102(1) 2: This subsection amended, as from 1 October 1996, s 102(3) 26: Assessment of further dividend withholding payment 1: This subsection amended, as from 1 October 1996, s 103(1) 2: This subsection amended, as from 1 October 1996, s 103(2) 27: Assessment of dividend withholding payment penalty tax 1: This subsection amended, as from 1 October 1996, s 104(2) 2: This subsection amended, as from 1 October 1996, s 104(4) 28: Assessment where default made in furnishing returns This section amended, as from 1 October 1996, s 106(1) 29: New sections substituted This section substituted s 108 ss 108A 108B 30: Disputable decisions deemed correct except in proceedings This section substituted, as from 1 October 1996, s 109 31: Evidence of returns and assessments This section amended, as from 1 October 1996, s 110(2) 32: Validity of assessment not affected by failure to comply with Act This section amended, as from 1 October 1996, s 114 33: Foreign tax credit determination deemed correct except in proceedings on objection Section 117 34: Commissioner may determine amount of provisional tax This section amended, as from 1 October 1996, s 119(5) 35: Interest on tax overpaid 1: This section amended, as from 1 April 1995, s 122(7) 36: New Part 7 1: This subsection substituted Part 7 2: Notwithstanding subsection (1) Part 7 section 42 Student Loan Scheme Act 1992 Part 7 37: Application of Part 8 This section inserted, as from 1 October 1996, s 124A 38: Certain rights of objection not conferred This section amended, as from 1 October 1996, s 125 39: New sections substituted This section substituted s 128 s 128A 40: Wrong PAYE deduction determination a ground for objection This section substituted s 133 41: Test case procedure Section 137(3) similar objection or challenge 42: New Part 8A This section inserted, as from 1 October 1996, Part 8A ss 138A to 138S 43: New Part 9 This section substituted Part 9 44: Recovery of civil penalties This section inserted s 156A 45: Deduction of tax from payments due to defaulters 1: Section 157 subsection (1) 1: Where any taxpayer has made default in the payment to the Commissioner of any income tax (or any part of any income tax) or any interest under Part VII a: Deduct or extract, in one sum, from any amount that is, or becomes, an amount payable in relation to the taxpayer such sum as is equal to the lesser of— i: The amount that, according to the notice, is required to be deducted or extracted: ii: The amount that, at the time at which the deduction or extraction is required to be made in compliance with the notice, is the amount payable in relation to the taxpayer: b: Subject to subsection (3) i: The amount that, at the time at which the deduction or extraction is required to be made in compliance with the notice, is the amount required to be so deducted or extracted: ii: The amount that, at the time at which, according to the notice, the amount of the instalment is required to be deducted or extracted, is the amount payable,— and require that person to pay to the Commissioner, within such time as is specified in the notice, every sum so deducted or extracted, to the credit of,— c: To the extent that that sum is in respect of or in relation to income tax (or any part of any income tax) payable on taxable income or any interest under Part VII d: To the extent that that sum is in respect of or in relation to the whole or any part of a tax deduction or interest payable to the Commissioner or a civil penalty, an account maintained by the Commissioner in relation to that tax deduction or that interest or that civil penalty. 2: Section 157(10) penalty 46: Application of Parts 7 9 This section inserted s 157A 47: Proceedings not affected by vacancy or change in office of Commissioner This section amended, as from 1 October 1996, s 162 48: Recovery of refund due to excess tax credits allowed This section inserted s 165A 49: Recovery of tax deductions from employers Section 167(4) additional tax or any penal tax late payment penalty or any shortfall penalty 50: Unpaid tax deductions, etc, to constitute charge on employer's property Section 169(1) additional tax or penal tax late payment penalty or shortfall penalty 51: Unpaid resident withholding tax deductions constitute charge on payer's property Section 172(1) additional tax or penal tax late payment penalty or shortfall penalty 52: Power of Commissioner in respect of small amounts of refunds or tax payable Section 174 subsection (1) 2: Subsection (1) 53: Partial refunds of GST This section inserted s 174A 54: Small amounts of additional tax, etc, not to be charged Section 175 55: Discretion to grant relief from income tax or fringe benefit tax in cases of financial hardship This section amended, as from 1 October 1996, s 177(4) 56: Remission of underestimation penalty tax 1: Section 178(1) a: By omitting the words additional tax under section 144 underestimation penalty tax under section 140A b: By repealing paragraph (c) c: The adoption by the taxpayer of an incorrect tax position which is corrected before the taxpayer takes the taxpayer's tax position by providing a tax return for the income year; or : c: By omitting the words shall remit the additional tax or any appropriate part of the additional tax may remit the underestimation penalty tax 2: Section 178(2) a: By omitting the words additional tax in respect of that income year under section 144 underestimation penalty tax in respect of that income year under section 140A b: By omitting the words shall remit the additional tax imposed in accordance with section 144 may remit the underestimation penalty tax, or such part of the underestimation penalty tax 3: Section 178 subsections (4) (5) 5: Notwithstanding subsection (2) a: The timing of the derivation of income by the taxpayer; or b: The incurring of expenditure which is deductible by the taxpayer— has been altered for the purpose, or for purposes including the purpose, of remission of a penalty. 57: Relief from additional tax or incremental tax Section 179 58: Remissions and refunds of imputation penalty tax 1: Section 180(1) section 153 section 140B 2: Section 180(2) penalty by way of additional tax imposed under section 149(1) late payment penalty imposed under section 139B 3: Section 180(3) any penalty by way of additional tax imposed under section 148 any late payment penalty imposed under section 139B 59: Remissions and refunds of dividend withholding payment penalty tax 1: Section 181 section 154 section 140C 2: Section 181(2) penalty by way of additional tax imposed under section 152 late payment penalty imposed under section 139B 3: Section 181(3) any penalty by way of additional tax imposed under section 151 any late payment penalty imposed under section 139B 60: Relief from additional tax incurred due to default in payment of tax Section 182 61: Obligation to pay tax on foreign investment income able to be suspended 1: Section 183(1)(h) section 121 Part VII 2: Section 183(2) section 139(3) sections 120S and 142 62: New sections inserted This section inserted ss 183A to 183I 63: Payment out of Crown Bank Account Section 185 paragraphs (c) (d) c: By way of interest under this Act; or . 64: Offences and penalties Part 12 65: Regulations—income tax related This section amended, as from 1 October 1996, s 225(1)(d)

DLM407200

1996

Summary Proceedings Amendment Act (No 2) 1996

1: Short Title This Act may be cited as the Summary Proceedings Amendment Act (No 2) 1996, and shall be read together with and deemed part of the Summary Proceedings Act 1957 2: Maximum penalty on summary conviction for indictable offence 1: This section substituted section 7 2: Section 5(1) of the Summary Proceedings Amendment Act 1980 3: Defendant may plead guilty before or during preliminary hearing Section 3 repealed 29 June 2009 section 17 Summary Proceedings Amendment Act (No 2) 2008 4: If evidence sufficient defendant may be committed for trial or sentence 1: 2: 3: 4: The repeal, by subsection (3) section 17 Summary Proceedings Amendment Act 1995 subsection (2) Section 4(1) repealed 29 June 2009 section 17 Summary Proceedings Amendment Act (No 2) 2008 Section 4(2) repealed 29 June 2009 section 17 Summary Proceedings Amendment Act (No 2) 2008 Section 4(3) repealed 29 June 2009 section 17 Summary Proceedings Amendment Act (No 2) 2008 5: Certain hearings to be conducted by Judge Section 5 repealed 29 June 2009 section 17 Summary Proceedings Amendment Act (No 2) 2008

DLM392586

1996

Terralink NZ Limited (Transfer of Employees) Act 1996

1: Short Title and commencement 1: This Act may be cited as the Terralink NZ Limited (Transfer of Employees) Act 1996. 2: This Act shall come into force on 1 July 1996. 2: Interpretation In this Act, unless the context otherwise requires,— department Terralink Schedule 1 3: Power to transfer employees of department 1: Notwithstanding anything in section 61A 2: Before transferring any employee under subsection (1), the chief executive of the department shall consult with the employee about the proposed transfer. 4: Terms and conditions of employment The terms and conditions of employment of every employee of the department who is transferred to Terralink under section 3(1) 5: Application of collective employment contracts Where any employees of the department whose conditions of employment are governed by an unexpired collective employment contract are transferred, in accordance with section 3 a: as if it were a contract that had been made in respect of Terralink; and b: as if it were binding on both those employees, on any authorised representative of those employees recognised in the contract, and on Terralink. 6: Employment of transferred employees deemed to be continuous 1: Every employee of the department who is transferred to Terralink pursuant to section 3(1) 2: No employee of the department who is transferred to Terralink pursuant to section 3(1) 7: Membership of Government Superannuation Fund 1: Every person who, immediately before becoming an employee of Terralink by virtue of a transfer under section 3(1) Government Superannuation Fund Act 1956 2: Subject to the Government Superannuation Fund Act 1956 3: For the purposes of applying the Government Superannuation Fund Act 1956 controlling authority